SOCIAL MEDIA ADVERTISING LAW AND LEGAL PROSECUTION OF INFLUENCERS

Abstract

This academic article aimed to analyze legal problems and measures concerning social media advertising in relation to the prosecution of influencers who violated advertising laws, a critical digital marketing mechanism that significantly influenced consumer behavior on a large scale. The study examined the Consumer Protection Act B.E. 2522 (1979), the Computer-Related Crime Act B.E. 2550 (2007), and other related legislation, with a comparative analysis of legal frameworks in the United States, the United Kingdom, and the European Union. The findings revealed that current Thai legal provisions remain limited in their enforcement against influencers’ covert advertising practices in three key respects: the lack of a clear legal definition of influencer status, the difficulty in proving specific criminal intent, and the inadequacy of existing penalty mechanisms in addressing the nature of online offenses resulting in a stark contrast to foreign jurisdictions that apply Strict Liability principles and establish shared liability ecosystems among influencers, brands, and platforms. The author therefore proposes an “Integrated Governance Equilibrium Model” synthesizing legal enforcement mechanisms (Hard Law) with Buddhist ethical governance (Soft Law) through three pillars: Sammavaca, Right Speech in Eightfold Path as a professional communication standard, Hiri-Ottappa, Moral Shame and Fear of Wrongdoing as an internal self-regulatory mechanism, and the Papanikaldhamma 3 as a guide for sustainable professional conduct. This framework cultivated Influencer Social Responsibility (ISR), elevating influencers from mere marketing agents to Kalyanamita, Virtuous Friends who communicated with genuine social responsibility, ultimately ensuring fair and sustainable consumer protection.