Social Media

Influencer marketing is a strategy where brands collaborate with individuals who have a significant and engaged following on social media platforms to promote their products or services. These individuals, known as influencers, leverage their credibility, expertise, or popularity to endorse and showcase the brand’s offerings to their audience, aiming to influence consumer behaviour and drive sales. The collaboration often involves a mutually beneficial relationship where influencers receive compensation, products, or other incentives in exchange for promoting the brand to their followers.

Within the media realm, there are a large variety of legislation and regulations that apply which include UK and EU GDPR, data protection laws, intellectual property laws, advertising regulations (ASA, with the CAP and BCAP codes), Privacy and Electronic Communications Regulations, to name a few. The newly pledged Media Bill, however, will update decades-old legislation to ‘unleash the power of British broadcasters to attract bigger audiences in the UK and abroad’.

This will be dependent on the type and nature of the project. At Herrington Carmichael, we always take the time to understand whether standard terms and conditions would be needed, or whether bespoke agreements should rather be in place. We have experience in drafting and negotiating an array of media law focused agreements, including influencer agreements, general terms and conditions, collaboration agreements, joint venture agreements to name a few.

There are a number of potential sanctions for breach of advertising and marketing laws. For example, The Advertising Standards Authority (ASA) can issue civil penalties of up to £500,000 for breaches of the Advertising Code. Also, businesses that engage in misleading or deceptive advertising can be prosecuted under the Consumer Protection from Unfair Trading Regulations 2008. This can result in fines of up to £5 million for businesses and up to two years’ imprisonment for individuals. Further, businesses may also be liable for damages to consumers who have suffered loss as a result of the breach. Non-compliance with marketing and advertising laws can also damage a business’s brand and reputation and make it difficult to attract and retain customers.

Training in this area encourages a culture of protecting the brand identity and legal compliance. Employees become more aware of the value of the brand, importance of protection and ways to protect the brand while preventing dilution or misrepresentation of the brand. In order to utilise media law focused initiatives, it is important to ensure your brand is reflected in a way that is legally compliant but also aligns throughout the business to avoid inconsistencies in the overall message of such branding.

We will provide information on various avenues that can be explored to enable your business to increase its revenue. Advice on intellectual property registration, licensing deals and partnerships can generate additional income and contribute to your businesses overall financial growth.

Whether the workshop is attended by just your marketing department or opened up to the wider team, you will receive knowledge to safeguard your brand and ensure that your media projects and strategies are both commercially and legally sound. We can provide you with an understanding on the general marketing and advertising regulations as well as offer advice on ensuring the overall branding of the business is protected.