Influencers hit the headlines last week for breaking lockdown rules, because some have controversially travelled abroad during the pandemic and/or are posting on social media from abroad, particularly Dubai.

In response to the criticism, some of the influencers claim to have travelled to Dubai (amongst other countries) to generate promotional content and/or for work purposes.

At the date of writing, people in England are instructed to stay at home by law unless they have a reasonable and legal excuse to leave, one of which is for work purposes if you cannot work from home. Prior to the national lockdown announced on 5 January 2021, this was also the case for those areas under tier 4 restrictions.

Rita Ora has also featured in the headlines recently after she repeatedly breached the government guidance in relation to quarantine procedures and local restrictions.

When influencers breaking lockdown rules can damage a business relationship and brand reputation

Because of Rita’s actions, EE has reportedly dropped its latest campaign featuring the singer which promoted the launch of the Apple 12 Pro. This is an example of when it is important to have a contract in place which enables a brand to sever and/or terminate the contractual relationship with the influencer to protect its own brand reputation.

Brands associated with or publicly working with those influencers who breach lockdown rules bare the risk of reputational damage. This is why it is important to have a comprehensive influencer contract in place which sets out clear reputational controls.

Why brands and influencers should have legal contracts

Contracting via “DMs” is commonly used instead of having a proper agreement in place to govern the working relationship. The absence of a properly drafted contract leaves both parties vulnerable in the event of a dispute.

When entering a paid partnership and/or otherwise enabling the influencer to promote and/or endorse the brand’s products or services, it is important to have a comprehensive influencer contract in place which has reputational controls, amongst other key terms. Check out our article on social media influencer contracts for more information.

We advise influencers, brands and influencer agencies on the dos and don’ts of influencer marketing. We can advise on all aspects of advertising online and draft influencer promotion and brand endorsement contracts to ensure that both parties are best protected.

Check out our other articles on influencer marketing for more information: