At the Global Advertising Lawyers Alliance conference today in New York City, "Advertising Law in the US & Around the Globe," one of the panels focused on global influencer issues.  

Some of the highlights from the very interesting panel discussion included: 

  • In Kenya, the key legal issue is whether the influencer's claims are truthful.  There's an expectation that if an influencer is talking about a product, he or she would have used the product for a reasonable period of time.  Unlike in the US, there's no requirement that the influencer disclose his or her connection to the advertiser.
  • In the UK, also unlike in the US, at least from a self-regulatory perspective, disclosure of the connection between the influencer and the advertiser is only required if the advertiser has not only paid the influencer, but has control over what the influencer posts.  
  • In the UK, the authorities don't like the disclosures "#sponsored" and "brand publisher."  They prefer "#ad."
  • In Spain, the typical disclosure that influencers use when they have a relationship with an advertiser is "#publicidad."
  • In Chile and other countries, it's important that relevant disclosures be in the local language in order to be effective. 
  • In Australia and the UK, for example, if it's obvious that a post was sponsored by an advertiser, then no additional disclosure is necessary.