French Consumer Protection against Influencer Advertising and the Challenges Facing Thai Law

Abstract

At present, business operators have increasingly turned to influencers as a channel for sales promotion. In some instances, influencers advertise products while providing inaccurate information, or they receive remuneration for advertising from business operators yet conceal that fact so as to lead consumers making erroneous decisions and suffering harm, and it is therefore necessary to regulate advertising by influencers. This article accordingly explains the legal measures on influencer advertising of the French Republic and of Thailand, together with an analysis of approaches to developing such law in Thailand. It is found that the French Republic has a law directly protecting consumers from influencer advertising, namely the Law aiming to regulate commercial influence and to combat the abuses of influencers on social media. As for Thailand, although rules on advertising have been prescribed under the Consumer Protection Act B.E. 2522 (1979), the Food Act B.E. 2522 (1979), the Drug Act B.E. 2510 (1967), and the Direct Sales and Direct Marketing Act B.E. 2545 (2002), no rules specifically governing advertising by influencers have been laid down. The author therefore proposes that a law specifically regulating influencer advertising should be enacted, which may be issued in the form of a ministerial regulation or a notification, taking the rules of the law of the French Republic as a guideline.