Influenser marketing: potreba uspostavljanja pravne regulative

Abstract

In the 21st century, which is characterized by accelerated digitalization, companies that want to have an advantage over other companies are following new trends in marketing development. In other words, in addition to innovating their products, in recent years companies have slowly switched from traditional marketing through print, radio and television to online marketing. However, a specific form of marketing, the so-called "influencer marketing" is becoming increasingly important and popular due to the increasing networking through social media platforms such as Facebook, Instagram, YouTube, Twitter. The use of public figures for marketing purposes is not new. Namely, celebrities have been used in the advertising industry for a long time, since consumers like to rely on their good taste and experience. Influenser marketing, however, is not regulated by special regulations, but it is also not legally allowed. The analyzed judgments of the German courts show that it is difficult to distinguish between private and business statements of influential persons, because it depends on the specific circumstances of the individual case. Numerous questions regarding influencer marketing are open, so the courts will have a lot of work to do in the years to come. In this sense, the intervention of legislative bodies in the regulatory sense is expected in order to close the existing legal gaps in terms of legal regulation of influencer marketing.