There is some confusion over what it means to be an “Influencer” and what it is that classifies a person an “Influencer”. So, what does it mean to be an “Influencer”?
Particular focus is often given to the amount of followers a person has, but this is not the one and only factor. In 2019, the word “Influencer” was added to the Oxford English Dictionary (in the context of marketing) to mean, “A person with the ability to influence potential buyers of a product or service by promoting or recommending the items on social media.”
Is there a magic number?
There is a common misconception that 30,000 followers is the magic (arbitrary) number and that once a person has 30,000 followers, they are classified as an “Influencer”. However, this is not strictly true. Ultimately, if a person (or persons) with a social media profile (be it an account on Instagram, TikTok, YouTube, etc.) has the ability to influence their followers into a particular behaviour or action (typically purchasing products and/or services), they are classified as an Influencer and this is regardless of the number of followers they have.
Someone could be a (very effective) nano-influencer with 1000 followers or a big player with over 1 million followers (but with little influence over their followers) – and there is a whole spectrum lying in-between. Put simply, if someone has the ability to influence their followers, then they are an Influencer – the clue really is in the name.
Social media marketing and regulation
Things get a little more confusing because, despite calls for regulation in the area of social media marketing and “Influencers” (however you define them), there is no single regulatory body for Influencer marketing and Influencers are currently regulated to varying degrees by a whole host of different authorities, laws and contractual obligations, including but not limited to:
- the Advertising Standards Authority;
- the CAP Code;
- the Consumer Markets Authority;
- the relevant social media platform’s terms and conditions;
- consumer protection legislation; and
- depending on the products, other industry specific laws.
Is #AD or #gifted enough to be compliant?
Influencer marketing is a relatively new and rapidly evolving area – the landscape for advertising is changing and it is important that Influencers, brands and Influencer agencies are alive to the rules and regulations concerning the promotion and endorsement of products online – it may not be enough to simply include notification of paid for content using #AD or #gifted. Influencers and brands are considered jointly responsible for ensuring that advertorial content is compliant with the ASA CAP Code.
Ensuring you are legally protected
At Stephens Scown, 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: