> ads in disguise
These are illegal in most jurisdictions. We need to apply the existing laws.
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You can't fight this battle in the current judicial system. If before anyone can successfully bring a lawsuit in front of a judge the company has unlimited money, then at least one of these three things will be true:
a. the damages won't make a dent
b. they can throw lawyers at the problem for the win
c. they will have grafted their way into the economy so deeply that no one will want to kill their main source of income
This battle is already lost, if they find economical success then they are untouchable.
No large companies are breaking this law directly. There a rampant violations by "influencers".
What about influencers promoting products? I don't think there are any flags indicating that it's an ad
Influencers are required to disclose ads in most places.
In theory, but it takes less than a minute on Instagram to find dozens of "influencers" violating this rule.
In Spain (and I believe the EU), it’s required to indicate it.
Can confirm in the Netherlands also. I'm not an influencer so I don't know exactly, but a few years ago there was either a crackdown, an expansion of the rules, or at least a big media campaign by the government to make the influences that focus on a Dutch audience aware of the rules surrounding promoted content
Influencers have been successfully sued in Europe due to covert advertising.
We'll have to wait a few years before they receive their first fine
Meanwhile they'll have time to grab billions
As long as the fine is cheaper than the earnings, they'll keep on doing it. And fines are retroactive, at that point they've already broadcasted to and influenced a bunch of people.