Danish Body to Address Ethical Challenges in Influencer Marketing

Recently, the Danish Consumer Authority initiated an investigation into covert advertising on social media, focusing on around fifty cases involving some of the nation's most prominent influencers. Notable figures such as Bianca Ingrosso and Matilda Djerf are under scrutiny for allegedly failing to adequately label their promotional posts, potentially violating marketing laws.

Cecilia Tisell, the director general of the Consumer Authority, expressed disappointment regarding industry practices, highlighting a lack of responsibility among influencers. She noted that many do not seem to consider themselves accountable business operators and consistently disregard both the regulations and the audience these rules are intended to protect.

In light of these developments, the Danish Union of Journalists launched the Influencer Board (Influentnævnet), an initiative aimed at ensuring that influencers adhere to both legal and ethical standards. This board operates similarly to the Swedish media ethics system, where influencers voluntarily commit to oversight.

The guidelines established by the Influencer Board extend beyond existing marketing legislation. By signing up, currently 125 influencers have pledged to follow eighteen specific rules, which include being positive role models, maintaining a good digital tone, and carefully considering the representation of children in their content. Additionally, they are required to disclose any use of artificial intelligence and image retouching.

Lisbeth Kiel, the chair of the Influencer Board, explained that the initiative seeks to protect followers from inappropriate content while also aiding influencers in navigating complex ethical dilemmas. Similar regulatory systems have been introduced in countries like the Netherlands and France, where the focus is more on clarifying legal frameworks than establishing new ethical norms. In France, for instance, influencers must complete a short course on marketing law and receive certification, which is often sought after by companies for collaborations, with over 2,000 influencers certified to date.

Freja Settergren, an Instagram personality based in Paris, noted that about 80% of her professional network has joined the French system. Although the certification is not always a focal point in business collaborations, larger corporations often require it. She recounted an experience with Volvo in France, where adherence to the guidelines was critically important to the brand.

Lisbeth Kiel hopes for a similar dynamic in Denmark, where advertisers may feel more confident engaging with influencer marketing, as they can better identify ethically responsible influencers. However, the Influencer Board is still in its early stages, and the practical application of ethical guidelines remains to be seen.

One significant change anticipated is the regulation surrounding image retouching and AI use, which is expected to alter how influencers present their content. Influencers will need to disclose any alterations made to images affecting body proportions or skin appearance, a requirement not previously stipulated under Danish law.

Despite the push for organization within the influencer community, interest appears lukewarm among major influencers. In Sweden, the closest attempt at forming a collective for influencers, the organization Influencers of Sweden, declared bankruptcy in 2023.

Current engagement with the new Danish guidelines seems limited, particularly among top influencers, as a quick review of the registered participants shows that most signatories have fewer than 10,000 followers. An article in the Danish newspaper Politiken highlighted the absence of the country's most popular influencers from the new regulatory framework.

Johanna Arnesson, a lecturer in media and communication studies at Umeå University, suggested that influencers often prioritize their personal brand, which may make collective agreements less appealing. However, she predicts that such initiatives will gain traction as the influencer industry matures, driven either by genuine enthusiasm or as a strategy for individual influencers to enhance their reputation.

As the influencer industry continues to evolve, the establishment of ethical frameworks like the Influencer Board may become increasingly common, either through legislative measures or grassroots initiatives.

The Influencer Board outlines eighteen rules categorized into three areas, emphasizing the importance of adhering to specific marketing laws in Denmark. The rules also offer guidance on navigating the legal landscape, with the first eight points serving as ethical guidelines that surpass existing legislation:

1. Act as a responsible role model, especially when your audience includes minors.
2. Maintain a positive digital tone.
3. Carefully consider the welfare of children featured in your content.
4. Disclose any image modifications that alter a person's body shape or skin appearance, especially if you have a significant number of underage followers.
5. Avoid commercial partnerships involving unhealthy food products if your audience includes many minors.
6. Provide an opportunity for others to respond if you criticize them in your content.
7. Clearly label AI-generated content.
8. Ensure the accuracy of any statistics you share about your digital platforms.