(Un)disclosed brand partnerships: How platform policies and interfaces shape commercial content for influencers

Abstract

Social media platforms mediate and regulate how influencers engage in monetisation practices. In this social-legal paper we examine one form of monetisation, influencer marketing, to understand how platform policies and interfaces shape commercial content for influencers. We situate our inquiry of governance by platforms within the governance of platforms, by focusing on the legal obligation to disclose commercial content under European consumer law. Combining an analysis of platform documentation for Instagram, TikTok, Snap, and YouTube, with insights from a walkthrough of each platform, we present five findings. First, we explore the terminology used by platforms to refer to influencers. Second, we outline how platforms frame commercial content and situate business models of influencer marketing. Third, we analyse how platforms present the duty to disclose commercial content and assign responsibility for compliance. Fourth, we examine how platforms facilitate disclosure through their in-app tools. Finally, we look at the articulation regarding the moderation of undisclosed commercial content by platforms. Our analysis unveils tensions between the law (governance of platforms) and what platforms do (governance by platforms). Overall, as platforms hold significant power in shaping monetisation practices, we argue that enforcing influencers’ disclosure practices must be contextualised within the dynamics of platform governance.

Keywords

• Monetisation
• Advertising law
• Consumer protection
• Platforms
• Influencer marketing