CGI Social Media Influencers & Deceptive Marketing

Abstract

This article analyzes the use of influencer marketing in relation to the misleading advertising provisions of the Competition Act. It focuses on the new practice of using computer generated images (CGI) of human-like avatars. These avatars have millions of followers on social media and post content in which they look and behave like human influencers. This paper argues that from a competition law standpoint, advertisements involving CGI influencers can be problematic because they run the risk of misleading consumers. This paper discusses the potential for misleading advertising practices to arise in two key arenas. First, deception may arise when influencers fail to disclose their material connections to the brands for which they are advertising. Second, endorsements by CGI influencers are cause for concern because these avatars cannot provide a genuine review of the merits of a given product.