Posts

influencer

Child Skincare Influencers On TikTok Raise Questions Of Exploitation On The Internet 

The world of influencers has grown rapidly within the past decade. As social media and the digital world has grown and expanded, so has the number of young people getting on these platforms. 

More recently, we’ve seen online influencers as young as 12 start to accept free products from brands to promote to their large followings. Ethics has become a major point in this conversation when it comes to privacy and safety concerns for children on social media, and the products they’re being influenced to buy/pushed to market. 

Embed from Getty Images

Skincare has become a major epicenter of this conversation, as dermatologists are warning that young kids are promoting products that they don’t need, and could even damage their skin all because they seem “trendy.”

In Europe, for example, the Italian Competition Authority (AGCM) is taking this matter seriously, and is now investigating beauty brands Benefit and Sephora after they began pushing a “particularly insidious strategy” of using young influencers to market their products to children intentionally, according to reports

The AGCM specifically has launched an investigation into the brands’ owner LVMH, a luxury goods company, for allegedly attempting to sell anti-aging treatments to children younger than 10. 

The Authority said the companies “may have failed to make clear the cosmetics they sold were not intended for children, while appearing instead to have encouraged their purchase through covert marketing strategies involving young micro-influencers.”

LVMH said that Sephora, Benefit, and themselves would “fully cooperate with the authorities. All the companies reaffirm their strict compliance with applicable Italian regulations.”

The Guardian also led their own investigation in which they found many videos of young people thanking brands for sending them free products. They also found an ambassador program that is open to children as young as 13. 

The investigation found that US skincare brand Evereden runs a “scheme” with no official age minimum or limit advertised, stating that they “love all ages and all stages,” with some of the youngest influencers in the program to be 12. 

Those under 18 need parental permission to join, but the company is clearly passionate about working with “aspiring influencers.” 

On its website, it says: “Yes! As a kids’ brand, we want to partner with our actual audience, as well as their parents and guardians. We think it’s important for kids to see people like them taking care of their skin and being empowered by age-appropriate self-care routines. However, we are committed to engaging with young creators in a responsible and ethical manner, and we require parental or guardian consent in all collaborations.”

Embed from Getty Images

Bubble is another company advertised as a youth skincare brand, with ambassadors who are aged 16+, but they previously accepted influencers as young as 13. In their particular program, ambassadors must like, share, and produce content advertising their products, and in return receive points that are redeemable for purchases. 

A spokesperson for Bubble said, according to the Guardian: “We do not partner with or pay children to promote our products. Our ambassador programme requires participants to be 16 or older, and parental consent is required for anyone under 18.”

“Clinical safety is foundational to how we operate. As far as we are aware, we are one of the only brands that conducts clinical safety testing on consumers aged eight and up on the products we would recommend for younger users. If younger consumers are using skincare, there should be real clinical validation behind its safety. We also have a paediatric dermatologist as a part of our robust dermatologists’ advisory board.”

Experts on the matter have stated that these programs are in a “regulatory grey area.” While there are many laws and regulations around the world regarding child labor for actors and models, those same rules don’t extend to child influencers on social media. 

“A lot of protections focus on consumers under advertising law, not on the child creating the content,” said law lecturer and coordinator of the Child Influencer Project, Dr. Francis Rees. 

Children creating online content do not have protections under the Online Safety Act or child performance legislation unless criminal thresholds are crossed, Dr. Rees explained

“Brands and agencies don’t have a duty of care to the child in these situations. They contract with the parent, who is expected to safeguard the child,” she stated. 

The Advertising Standards Authority requires all influencers to clearly label their posts as advertisements, while many younger creators believe that simply having “ambassador for _” in their bio is enough.

meta

US Senators Call For Scam Ads On Facebook And Instagram To Be Investigated 

US senators Josh Hawley and Richard Blumenthal are calling on the heads of the Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC) to open an investigation regarding revenue made from ads on Facebook and Instagram that are promoting scams and banned goods. 

Embed from Getty Images

“The FTC and SEC should immediately open investigations and, if the reporting is accurate, pursue vigorous enforcement action where appropriate to force Meta to disgorge profits, pay penalties and agree to cease running such advertisements,” both Hawley and Blumenthal wrote to the federal agencies.

It was reported earlier this month that internal documents from late 2024 stated that Meta was projected to earn 10% of its overall revenue from illicit advertising, which equated to around $16 billion. One document stated that Meta earned around $3.5 billion in revenue from “higher risk” scam advertisements every six months. 

Documents also stated that Meta, which owns Facebook and Instagram, has anti-fraud rules that don’t apply to a lot of these advertisements. 

In response to the report, which came from Reuters, Meta stated that they reduced user reports of scams by 58% throughout the last 18 months.  

Meta spokesman, Andy Stone, said:

 “[The Hawley-Blumenthal letter] makes claims that are exaggerated and wrong, we aggressively fight fraud and scams because people on our platforms don’t want this content, legitimate advertisers don’t want it and we don’t want it either.”

Embed from Getty Images

Both Hawley and Blumenthal expressed their skepticism over Meta’s work to combat illicit advertising, pointing out the company’s “ad library,” which is a publicly accessible database of advertising on Meta’s social media platforms. 

“Even a short review of Meta’s Ad Library at the time of this letter shows clearly identifiable advertisements for illicit gambling, payment scams, crypto scams, AI deepfake sex services, and fake offers of federal benefits,” they said

“Scams have been allowed to take over Facebook and Instagram as Meta has drastically cut its safety staff, including for FTC mandated reviews, even as it dumps unimaginable sums into its generative AI projects.”

“While Meta has been warned about advertisement deepfakes impersonating politicians, it still continues to run fraudulent clips,” their letter writes

“The beneficiaries of these scams are often cybercrime groups based in China, Sri Lanka, Vietnam and the Philippines.”

Lawyers Plus helps clients find a remote lawyer

How Law Firms In America Are Coping With The Covid-19 Pandemic | Lawyers+

As the pandemic continues to intensify throughout all 50 states, America’s law firms are finding new ways to communicate with the general public and let them know that they still have legal protections that groups of lawyers are ready to defend.

Judges Gavel

European Court Rules that Countries can Force Facebook to Delete Content

On Thursday, Europe’s top court ruled that countries can force Facebook to delete content and restrict access to information globally, in a ruling that allows countries to ban access to information outside of their own borders. The decision came after a former Austrian politician sued in an attempt to force the social media company to take down negative commentary that had been posted about her on the site by individual users. The politician, Eva Glawisching-Piesczek, successfully argued that the company is obligated to restrict access to this information around the world, setting a legal precedent which empowers nations to essentially remove information from the internet at will.

As standards for privacy, defamation, and libel vary from country to country, this ruling has wide-reaching implications for how information can be regulated on the Internet, a platform which is by its very nature global and resistant to any one regulatory body. As it is nearly impossible to create a single set of standards for what information should be allowed on a global level, this ruling instead allows nations to enforce their own standards on a global level, concerning advocates for free speech who fear the ruling will lead to mass censorship of legitimate political discussion. Facebook strongly rebuked the ruling, claiming the judgment “undermines the longstanding principle that one country does not have the right to impose its laws on speech on another country.”

Embed from Getty Images

Facebook, which is a company based in the United States, nonetheless has to obey the laws of all of the nations in which it operates. The ruling draws attention to the difference in philosophy between the regulation of information in the United States, which takes an almost entirely hands-off approach, and Europe, which is more likely to compel companies like Facebook to restrict access to information. A controversial privacy law in Europe, dubbed “the right to be forgotten,” allows European citizens to compel search engines like Google to remove links to their personal data from search results. No equivalent law exists in the US, and the European Court of Justice last week ruled that this law generally applies only within the European Union.

Facebook represents the public face of the spread of information during an era in which changes in how information spreads around the world has strongly influenced global politics. A report issued by the U.S. Department of Justice in March of this year found widespread interference in the integrity of American elections by Russian operatives, who leveraged social media sites like Facebook and Twitter to spread false information and to release stolen documents in a deliberate effort to favor one political party over another. This interference, conducted by a number of countries, is likely to continue and intensify during the 2020 US election and has been used in propaganda efforts at an unprecedented scale around the world. As a growing percentage of the US population gets their news from social media as opposed to more traditional and reputable news outlets, the electorate is increasingly likely to be unknowingly swayed by information that is propagated by a foreign power with the intent of undermining the integrity of elections.

Embed from Getty Images

Facebook, for their part, has announced plans to take stronger preventative measures to deter the spread of fake news on their platform. Though the company was arguably complicit in allowing Russian interference in 2016 by taking a hands-off approach to the content of advertisers, the company has implemented plans to identify and label fraudulent activity on the site and has implemented stricter policies for what type of advertising they allow. That being said, the company has chosen not to limit the speech of politicians who advertise using the platform, even when they lie or break rules, as they claim that it’s “not [their] role to intervene when politicians speak.” Despite calls from Democratic contender Kamala Harris and others to ban Donald Trump for breaking the social media site’s rules, Twitter has taken a similar approach, allowing the President to repeat a false narrative that alleges corruption of his political rival Joe Biden.

The European Court’s ruling is just one of the conundrums Facebook and other social media platforms find themselves in with regards to regulating the spread of information around the world. As corporate entities, these platforms have virtually unlimited power to censor the speech they allow their users to circulate. However, there’s no denying that in recent years social media platforms have become more akin to a “public square” than a traditional publisher of information, which suggests they have a responsibility both to allow the free and open exchange of ideas and to curtail speech that poses a clear and present danger. How they, and the governments which have the power to regulate them, manage that responsibility is an ongoing question whose answer ultimately remains to be seen.