Establishing Legal Relations for Advertising Products and Services to Onlined Social Media Influencers


  • Kamonwan Yoowatta College of Politics and Governance, Suan Sunandha Rajabhat University
  • Natasorn Auekarn College of Politics and Governance, Suan Sunandha Rajabhat University


Legal Relations, Advertising, Products and Services, Influencers, Social Media


This research aims to (1) study the history, concepts, theories and rules of law relating to creation of legal relations under Thai law, (2) study rights, duties and results of the legal relations between social media influencers and brands, and (3) to compare the establishment of legal relations under Thai law and foreign laws for the benefit of further legal development through conducting qualitative research. The results found that the relationship between the brands and social media influencers, who urged other people to use the brands’ products or services through social media, under Thai, Swedish, and American laws; are legally binding agreements since the parties intend to enter into a contract. According to the doctrine of freedom of contract, this creates contractual rights and obligations between the parties. However, there is no specific provision establishing the legal liability of social media influencers for their misleading advertisements posts to the brand consumers. It has no specific statute requiring public disclosure of legal relations between social media influencers and brands' owners. Similar discussions took place in the United States of America, where it has the Federal Trade Commission (FTC) whose principal mission is to promote consumer protection. The FTC deal with those influencers who provide reviews and endorsements of products or services through social media without disclosing their commercial relationship to brands when promoting or endorsing products through social media. Therefore, this research suggests that there should be rules to ensure that brands’ owners and social media influencers will deliver merely clear and legitimate messages, and disclose their legal relations to their consumers. Moreover, there is a need to prohibit any misleading marketing messages delivered to the consumers, so-called unfair practices; and to make certain that the messages they delivered do no harm to society. Also, government organizations should be set up to monitor and investigate this matter.


Download data is not yet available.


Catalina, G. and Sofia, R. (2020). The Regulation of Social Media Influencers. Massachusetts, USA: Edward Elgar.

Constitution of the Kingdom of Thailand, B.E. 2017. (in Thai)

Consumer Protection Act, B.E.1979, as amended (No. 2), B.E. 1998. (in Thai)

Fassihi, R. and Zenk, K. (2020). Swedish Patent and Market Court of Appeal clarifies rules on influencer marketing. Journal of Intellectual Property Law & Practice, 15(3), 161–162.

Lipschultz, J. H. (2020). Social Media Communication: Concepts, Practices, Data, Law and Ethics. 3rd ed. New York, USA: Routledge.

Harvard Business Review. (2021). How Brands Can Build Successful Relationships with Influencers. [Online]. Retrieved from:

Noypanya, T. (2020). Social Media Influence. [Online]. Retrieved from: (in Thai)

Onathan, M. (2021). Social Media Influencers: Contracts and Brand Agreements. [Online]. Retrieved from:

Smforedu, (2020). Ethics and online benefits. [Online]. Retrieved from:

Sotipan J. (2005). The principle of libility before the contrac. 3rd ed. Bangkok: Winyuchon Publishing House. (in Thai)

The Consumer Ombudsman v Alexandra Media Sweden AB and Tourn Media AB. (2019). Tourn Media AB, Patent and Market Court of Appeal, PMT 2054-18, 5 December 2019.

The Swedish Arbitration Association. (2019). Swedish Contract Law. [Online]. Retrieved from: /Events/2019/Stockholm/Coursebook/ Swedish%20Contract%20Law%20-%20Danielsson.pdf.

Ulrich, P. and Fearns J. (2010). Integrative Economic Ethics. Cambridge, UK: Cambridge University Press.

Unfair Commercial Practices. (2021). 2021. [Online]. Retrieved 3 July 2021, from:



How to Cite

Yoowatta, K. ., & Auekarn, N. . . (2022). Establishing Legal Relations for Advertising Products and Services to Onlined Social Media Influencers. Journal of Innovation and Management, 7(1), 30–41. Retrieved from



Research Articles