Arguments for my
Position: Social media influencers and
Fyre Festival Organizers should be held accountable and
legally liable for what they promote.
Argument #1: Influencers massive role in attracting the eye of
public.
"These These influencers, who have millions of followers,
convinced their fans to hand over thousands of dollars for
tickets to a lavish music festival on a tropical island. Unfortunately, the
event turned into more of a dumpster fire than a Fyre
Festival." (Vu, 2012)
it is noteworthy that some of the
claimants attempt to hold the influencers who promoted the
Fyre Festival accountable as well.
(Vu, 2012)
"alleging that these
defendants made misrepresentations to their followers to induce
them into purchasing tickets to the event."
(Vu, 2012)
Argument #2: Organizers and influencers knew ahead of release
day, the festival was a failure.
Social media lit up with discussions of how the Fyre Festival
had turned into such a nightmare and how the organizers had
known for at least a month that there was no feasible way that
the event could occur. (Vu, 2012)
Argument #3: Infuencers should be legaly liable because:
"The provision of suitable indicators that
reveal the nature and scope of the message are a first step to
ensure that consumers are not blindsided by the facade."(Theodosaki, 2018)
However, Influencer campaigns create a number of legal challenges
to navigate, and in particular make it difficult for consumers to
discern whether the influencer simply likes a product or is being
paid to promote the product or brand.
(Goodrich, Howell, 2018)
Argument #4: Influencers lack authenticity, have too much power
and are deceptive.
"Their reviews and recommendations are entirely artificial and based upon mimicking trends alone, which does not sit well against a backdrop of increasing importance and awareness of fake news and a growing number of legal regulations ensuring honest advertisements." (Kadekova, 2018)
One study found that 49 percent of consumers rely on influencer recommendations when making purchasing decisions. (Bladow, 2018)
Influencers are so deceptive and powerful the FTC also known as the Federal Trade Commission has to step in to: "enforcement of endorsement disclosure requirements in influencer marketing is critical to preventing consumer deception and enabling consumers to make informed purchasing decisions." (Bladow, 2018)
The FTC defines deception as “a representation, omission or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer’s detriment.” (Bladow, 2018)
Sources
Bladow, L,. (2018). “Worth the Click: Why Greater Ftc Enforcement Is Needed to Curtail Deceptive Practices in Influencer Marketing.” William & Mary Law Review, vol. 59, pp. 1123–1164. Database: EBSCOhost.
libproxy.adelphi.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=128792834&site=ehost-live&scope=site.
Goodrich, M., Howell, J., (2018) "Influencers: What Every Brand and Legal Counsel Should Know." Landslide, Database: Academic One File
Kadekova, Z., (2018). “Influencer Marketing as a Modern Phenomenon Creating a New Frontier of Virtual Opportunities.” Communication Today, pp. 90–105. Database: EBSCOhost.
libproxy.adelphi.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=ufh&AN=133165760&site=ehost-live&scope=site.
Theodosaki, A., (2018) “Legal Concerns Emerging from Influencer Marketing”, Lexology.
https://www.lexology.com/library/detail.aspx?g=0a8df00c-3831-4cf1-a994-477bb182abdf
Vu, H., (2012) "Holding Social Media Influencers Responsible for Their Representations", Richmond Journal of Law and Technology.
https://jolt.richmond.edu/2018/01/14/sponsored-holding-social-media-influencers-responsible-for-their-representations/#_ftnref5