IN RECENT YEARS , SOUTH AFRICA HAS WITNESSED A SURGE IN THE INFLUENCER MARKETING INDUSTRY . WITH THE RISE OF SOCIAL MEDIA PLATFORMS LIKE INSTAGRAM , YOUTUBE , AND TIKTOK , INDIVIDUALS FROM VARIOUS WALKS OF LIFE HAVE HARNESSED THEIR ONLINE PRESENCE TO BECOME INFLUENTIAL FIGURES .
THESE INFLUENCERS CAN HELP BRANDS REACH A WIDER AUDIENCE AND BOOST THEIR MARKETING EFFORTS . HOWEVER , AS THIS INDUSTRY CONTINUES TO EVOLVE , BOTH INFLUENCERS AND BRANDS MUST BE AWARE OF THE LEGAL IMPLICATIONS AND RESPONSIBILITIES THAT COME WITH IT .
HERE ARE SOME POINTS TO PONDER :
1 . DISCLOSURE AND TRANSPARENCY
DISCLOSURE AND TRANSPARENCY ARE AMONG THE MOST CRITICAL ASPECTS OF INFLUENCER MARKETING IN SOUTH AFRICA . MOST PEOPLE ARE NOT AWARE , BUT THERE IS A SOCIAL MEDIA CODE OF CONDUCT (" CODE ") THAT HAS BEEN PUBLISHED BY THE ADVERTISING REGULATORY BOARD (" ARB "). IN ADDITION TO THE CODE , INFLUENCERS AND MARKETERS ARE GOVERNED BY THE CODE OF ADVERTISING PRACTICE , WHICH IS BASED ON THE INTERNATIONAL CODE OF ADVERTISING PRACTICE . THIS MANDATES INFLUENCERS TO DISCLOSE THEIR PARTNERSHIPS WITH BRANDS AND MEANS THAT ANY SPONSORED CONTENT OR ENDORSEMENTS SHOULD BE CLEARLY LABELLED AS SUCH , USING TERMS LIKE " SPONSORED ," " AD ," OR " PAID PARTNERSHIP ."
THE CONSUMER PROTECTION ACT 68 OF 2008 AS AMENDED (" CPA ") STATES THAT ADVERTISING MUST NOT CONTAIN DECEPTIVE , FALSE , OR MISLEADING CONTENT , INCLUDING DECEPTIVE CLAIMS , OFFERS OR BUSINESS PRACTICES . INFLUENCERS SHOULD EXERCISE CAUTION WHEN CREATING AND PROMOTING CONTENT . ADDITIONALLY , INFLUENCERS SHOULD ONLY ENDORSE PRODUCTS OR SERVICES THEY GENUINELY BELIEVE IN AND HAVE PERSONALLY USED .
INFLUENCERS SHOULD , THEREFORE , THOROUGHLY SCRUTINIZE THE BRANDS AND PRODUCTS THEY AGREE TO PROMOTE BEFORE DOING SO .
1 . INTELLECTUAL PROPERTY RIGHTS AND PRIVACY AND DATA PROTECTION
INFLUENCERS OFTEN CREATE UNIQUE CONTENT , INCLUDING PHOTOGRAPHS , VIDEOS , OR WRITTEN MATERIAL . THIS ALSO OFTEN BECOMES A BONE OF CONTENTION ON OWNERSHIP . AS SUCH , BOTH INFLUENCERS AND BRANDS NEED TO UNDERSTAND THE IMPLICATIONS OF INTELLECTUAL PROPERTY RIGHTS IN THESE CASES , AND THEREFORE , AN AGREEMENT CONCERNING IT SHOULD BE ESTABLISHED BEFORE THE PROMOTION OCCURS .
INFLUENCERS OFTEN COLLECT AND HANDLE PERSONAL DATA , LIKE EMAIL ADDRESSES AND ENGAGEMENT METRICS . THEY MUST ADHERE TO THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (" POPIA "). THIS MEANS OBTAINING PROPER CONSENT FOR DATA COLLECTION AND ENSURING THE SECURE HANDLING AND STORAGE OF PERSONAL INFORMATION .