Unfair impact on consumer decisions in the network has attracted the attention of the Competition and Consumer Protection Office. Currently, proceedings have been initiated against some known persons.
The dynamics of the growth of Internet activities is increasing.
None of us can imagine living without online purchases, especially since they have many advantages: they save us time, allow us to choose the best suitable product from a very wide range of offers; in addition, the network gives us the opportunity to check the opinion on the product we are interested in buying.
Besides, we can simply direct ourselves by advertising, which is also regulated legally on the web. Advertising in the internet space surrounds us everywhere: pops up in a new window, flows out by a notification sent from the web page, activates itself before watching the content we are interested in.
This commercial we see, we can ignore it, quiet it down, hide the windows coming out. More and more often we can also meet with the hidden, properly located promotion of a particular product.
Some influencers are reluctant or not cooperating with the UOKiK at all. The investigation of the imposition of penalties for non-cooperation in the course of the proceedings concerns, among others, persons such as: Kruszwil Marek Kruszel, MD Marcin Dubiel, Maffeshion Julia Kuczyńska, Marley Marlena Sojka.
UOKiK controls advertising in influencer transmissions
The activities of creators, bloggers, influencers on the Internet are not always coined. On the other hand, the most common source of income for these people is the funds obtained from advertising in their content. So far, we have no specific legal provisions and regulations on marketing activities of people known for.
Unfortunately, as a result of lack of regulation and certain rules of the game, the problem is increasing. In Polish social networks, the problem of scam, unfair, hidden advertising becomes serious. Unfair impact on consumer decisions in the network has attracted the attention of the Competition and Consumer Protection Office.
Currently, proceedings have been initiated against some known persons. First of all, it is about examining the boundaries between hidden promotion and an objective opinion on a particular product.
The explanatory proceedings aim primarily to identify inappropriate influencers practices, such as the lack of information that the content is a paid promotion or to inform about the characteristics of the product which it does not actually have. (E.g. “this cream in one night will remove all acne, etc.).
It is worth mentioning that the lack of cooperation with the UOKiK may cost a lot of influencers, for lack of information may be imposed punishment for 50,000,000 PLN.
Reporting of scams
As we read on the Office's website, scam is an act aimed at misleading – for example, it is to inform about non-existent promotions, to hide important product features, to wrongly exaggerate the properties or destination of the product advertised, or to offer harmful or dangerous goods.
For example, the influencer approves the product in return for remuneration, stating that it has a heavily reduced price – e.g. 600 PLN to 150 PLN.
Meanwhile, it turns out that the price promotion was false, and additionally the people who placed the order do not receive the product or the delivered product is inferior than indicated by the creator on his social media channel.
These cases are related to the advertising by influencers of products that are sold in dropshipping models, sometimes by online shops formed only for specific advertising campaigns. Influencer encourages its observers to buy some product at an allegedly promotional price, presenting its advantages in an objective way.
The online store may, after collecting money from customers, fail to carry out orders or terminate business.
Even if in such a situation customers receive the product, they will remain without post-sales support related to the right to withdraw from the contract within the time limit 14 days or liability of the seller for the warranty of defects by 2 years after delivery of the product.
scamu cases can be reported via email scam@uokik.gov.pl .
Law sets rules for online games
Undoubtedly, such actions are the beginning of inevitable changes in regulations and hopefully in the marketing practice of influencers. The problem is that, above all, stars, creators are unaware of the rules of online advertising.
Lack of knowledge translates into an unfair approach to consumers, which can consequently translate into an obligation to pay the appropriate penalties. Influencers have a significant impact on consumer decisions, as their customers have great confidence in them.
It is therefore necessary to raise public awareness of online marketing rules. There is no doubt that they must be more honest about their messages, not misleading consumers by misuse of the thin line between advertising and review.
The law is quite restrictive in this area and says that the person shaping the opinion should not only clearly mean the content sponsored, but also include information at the beginning of the content, not only in hashtags or at the end of an article or recording in the form of thanks, as often happens.
Further efforts to raise public awareness of the content they insert are needed both for themselves and for consumers. first This will bring its actions into line with existing legal standards, avoid financial penalties and gain the confidence of its followers. On the other hand, the consumer, the observer, will be aware of the situation when he has to do with advertising, allowing him to make an informed purchasing decision.