Covid & Influencers: What are the Rules During Lockdown?

Arguably due to the current pandemic situation, influencer marketing and content creation has hit a brick wall in the shape of stay at home orders, lock down laws and the general requirement to live within our means - or at least influencers (and brands) need to find new ways to reach out to their audiences and create inspiring posts.

We consider in this article how influencers can continue to create content without appearing ignorant to the current public health scandal, and how they can ensure that their content does not fall foul of the online rules that they are required to follow.

The Rules that Influencers Should Follow

The laws, rules and guidance that have been developed for online influencers centre around the idea that advertisements must be clearly identified as advertisements, wherever they are displayed in the UK or Europe. Social media stars must think about the people that their content will reach, and consider how tech-savvy these audiences can be assumed to be. They have a certain level of duty of care to these audiences and the UK Advertising Standards Authority (ASA) enforces the rules set out by the Committee of Advertising and Practice (CAP) to ensure that influencers do not mislead their audiences. However, the current health pandemic has created new difficulties for influencers.

The Problem Now…

In January 2020, when the virus had claimed lives in China and the WHO had newly declared the pandemic a global public health emergency, it was all that we were talking about. This is what influencers prey on- and can they be blamed? It is their job to stay on top of what is happening in the world, listening to what everyone is interested in and working out how they can use the latest public interest to their marketing advantage.

Some influencers used their platform for good in back in January, posting health tips and encouraging their followers to wash their hands. Some others posed wearing face masks, encouraging their followers to buy one themselves. Some even poked fun at the virus, claiming hoaxes or government conspiracies, and some took advantage of their audiences fear to drive engagement in their own posts.

Now, the ASA has handed out a number of decisions relating to social media marketing and COVID-19. In its most recent decision, an agency sent out a promotion encouraging its users to purchase its vitamin product since it boosted immunity, and pointed out that a strong immune system would fight the virus. While it made no claims that its own product would actually directly fight the virus, the ASA found that it was contacting consumers, not medical professionals, and as such there was a high duty of care. These consumers cannot be expected to understand what medical claims actually mean, and during these unknown times deserved to have clear and accurate information. So, how can influencers ensure that they follow this duty of care?

Influencer Ethics

A global survey of 20,000 women has shown that women do not engage with content that they do not feel is genuine. Going back to the status quo of glitzy photographs in restaurants would be both ineffective, since we know it is not real, and unethical given what is going on in the world. The decisions that have been handed out condemning the advertising of products suggested to fight the virus and the exploitation of #COVID show that enforcement does not stop. There is therefore a balance to be made by influencers, finding a new way to market products which are ethically appropriate, whilst ensuring that they follow the existing rules.

To help with the obligation to follow the rules, the ASA and the CAP have released useful COVID specific guidance setting out that influencers must think about the claims they are making related to COVID-19, and that they must endeavour not to be irresponsible or to exploit their followers’ fears regarding the current public health scandal.

Above all, any claims that are made must be scientifically and medically substantiated. If you are unsure about the claim you are making- do not make it.

Many companies are looking to capitalise on the current crisis, so it is important to keep awareness about what might be fact and what might be a wistful claim. Influencers must ensure they do not repeat any false information provided to them by brands- as we know, they can be found jointly responsible for the claims that brands make, when they are working on their behalf.

The ASA and the CAP are currently asking for misleading ads about COVID-19 to be reported to them, and are actively working to avoid coronavirus-related online scams. If you as a user see content from an influencer which is morally questionable, you can report this to be investigated.

We would encourage all influencers and any related freelancers to study both the specific guidance released on COVID-19, and the usual ethical codes and rules which are expected of them, to ensure they follow the existing rules whilst navigating this new situation.

Practical (Non-Legal) Guidance?

If someone is a brand ambassador for a certain business, they are expected to be on their advocate the brand they are working for, setting an example and proving to their employers that they are indeed the best face of the company. This is a big responsibility for someone who is self-made and has created their brand by advertising their own life. More pressure is being placed on social media influencers to show us every area of their life, and this pandemic has shown that this can be suffocating.

Infuencers who normally have teams of photographers, stylists and content planners working together to portray content that seems to have been made by the influencer themselves are now being required to use their own homes as studios and their own skills to market themselves. Since these teams normally portray content as if it were created alone or at home, their fan base expects the same content now as they had pre-lockdown.

Is it any wonder, considering the pressure to continue working in the same way without teams of help and the suffocating nature of social media being everywhere we go, that influencers might fall foul of the rules or forget the regulations they are supposed to follow?

To help with this, networking and extra training is essential. There are a number of useful online tools on how to plan and create content which might be useful for the extra amount of DIY which is currently required. Some platforms are offering free trials for this training, given the current situation. Some creators have also taken to Instagram lives to share their wisdom with those that might need it, in order to promote an open network of training and guidance.

Influencers are not the only ones who have suddenly found themselves having to work remotely- content creators, web designers and fashion assistants have also found themselves adapting to this new normal and being forced to work from home. Some are already established freelancers and can do the jobs that influencers require, so it is useful to build a network of contacts who can help until more certain times.

We hope that you are keeping safe during the public health scare and have been able to protect your online business.

Please do share your own tips below, on how we can work together to follow the rules, and as usual, if you have any legal questions arising out of this article, then don’t hesitate to get in touch!

Article by Lily Morrison @ Gerrish Legal, May 2020 / Cover photo by S O C I A L . C U T on Unsplash