Consumer societies (2) 2023/09/27

Everyday life would not be understood without advertising on social networks. This is a form of commercial communication that digital platforms use to promote products, services, brands or social causes. Advertising on social networks has advantages such as segmentation, interaction, creativity and measurement, but it also entails risks such as the infodemic (misinformation), invasion of privacy, unfair competition and non-compliance with consumer rights. .

The regulation of advertising on social networks is a complex and dynamic issue, which depends on the laws and regulations of each country or region, as well as the policies and conditions of use of each platform. In Europe, the data that is uploaded to the networks is the property of the users, unlike in America where the owners are the Information and Communication Technologies (ICT) companies (Facebook, YouTube, WhatsApp, Twitter, Messenger, Instagram or TikTok, etc.). The Federal Consumer Protection Law states that advertisements must be clearly distinguishable from editorial or informative content, and must indicate who is the responsible advertiser, so that in the event of non-compliance with the sale and/or provision of goods and services, or of damaging the health, safety and life of consumers, is obliged to pay damages.

The truth of the advertisements must not contain false, misleading or exaggerated statements about the features, benefits, prices or availability of the products or services offered; Furthermore, they must be based on objective and verifiable evidence, and not mislead or confuse consumers, as well as respect the rights and legitimate interests of consumers, especially the most vulnerable such as children, adolescents, the elderly or people with disabilities. Advertisements must not incite conduct that is illegal, violent, discriminatory or harmful to health or the environment.

There is certainly no legislation that constrains them. Self-regulation and codes of ethics for advertisers and platforms must adhere to good practices that establish the principles and values ​​that govern advertising on social networks. These codes can be prepared by professional organizations, sector associations or independent entities that are responsible for supervising and sanctioning compliance with standards, and Profeco must impose enforcement measures.

Due to the rise and convenience of the platforms in the billions of users in the world, the influencerspeople who have great popularity and credibility on social networks, who influence the opinions, tastes and consumption habits of their followers, they are usually experts, famous or charismatic in some field, such as fashion, sports, art, politics, etc. and obtain income from their activity on social networks, whether through advertising, sponsorship, collaboration or sale of products or services.

The influencers who receive compensation for promoting a product or service, must report clearly and truthfully about their commercial relationship with the advertiser, using tags such as #ad, #sponsored or #collaboration. In this way, consumers' right to information is respected and covert or misleading advertising is avoided. Likewise, they must be honest and responsible with the content they generate and disseminate on the networks, and try not to make false, exaggerated or unfounded claims about the products or services they advertise.

The influencers They must respect the rights and legitimate interests of consumers, since the networks are flooded with fraudulent advertising where cybercrime takes flight to the detriment of health, safety, the economy and people's lives. Or not, dear reader?