The Setting of Regulation on Duties in Disclosing the Legal Relations and Liabilities of the Online Social Media Influencers on the Subject of Product or Service Endorsements

Abstract

The purpose of this research is 1) to study the concepts of the duties in disclosing the legal relations and liabilities of the online social media influencers on the subject of product or service endorsements 2) to make comparative analysis of this legislation between those enforced in The United States of America and Thailand 3) to synthesize the duty to disclose legal relationships and the liability of social media influencers for advertising goods and services.

The result of the study showed that Thailand has not established the duty to disclose legal relations about advertising of product or services between social media influencers and the owners of product or service. Currently, Thailand merely prohibits the advertising which is unfair to consumers, or prevents the content causing negative effects on the society. Additionally, Thai law does not stipulate liability to people who intentionally concealed the truth which should be notified directly about the employment, it misleads the followers to understand that the advertising of product or service features is voluntary. These might lead to motivating and deciding to buy a product or service. 

            Therefore, the legal duties should be introduced to social media influencers to disclose information, or to clarify legal relations whether the advertising of the product or any service is hired by the owner of the product or service for facilitating followers to make decisions in respect of purchasing or consuming. The liability would be placed for those who violate the law, the specific administrative agencies would be established to control or examine the advertisement of goods or services in order to create the fairness for followers.