Responsibility of Personalities on Social Networks

On July 9, 2022, the Iranian Parliamentary Research Center published a study entitled “Responsibility of Personalities on Social Networks,” which addresses the lack of laws regarding celebrity advertising on social media networks. In the introduction, it emphasizes that the lack of laws has led individuals to not have much legal responsibility for activities that are deceptive or fraudulent. To solve this problem, it recommends lawmakers pay attention to two points:

1- Legal regulations in the field of advertising, taxation, and preventing the dissemination of lies.

2- Legal actions and reactions regarding political views.

The report then discusses the challenges of celebrity presence online, such as the use of celebrities to advertise products that may be of poor quality, and the fact that people choose the product simply because they trust the celebrity. In this section, it is suggested that if a consumer is harmed, the celebrity who advertised the product should be held responsible.

The report examines countries that have legislated in this area, such as the U.S., India, China, and the EU. Regarding Iran, the report suggests that if a low-quality product is presented, two types of influencers (product endorsers) should be held accountable:

1- Endorsers who claim certain qualities and characteristics for the product or service.

2- Endorsers who claim to have used and experienced the positive effects of the product, such as advertising cosmetic and health products, weight loss products, etc.

This research suggests that, particularly regarding the second point, in case of harm to the consumer, a specific legal responsibility is attributed to the celebrity. In the continuation of this research, the first draft of the “Verification Responsibility in Commercial Advertising” plan has been published, which includes the points mentioned in the research as legal provisions.

Furthermore, the report proposes the following:

• Clarifying financial relationships between advertisers and promoters
• Advertising products that are prohibited for consumers under 18 years of age is prohibited.
• Using children under 18 for advertising is prohibited.
• Advertising products that the advertiser has not used is prohibited.
• Enforcement guarantee (legal responsibility) for the verifier (advertiser), including a warning for ad correction, cash penalties, temporary advertising ban, and permanent advertising ban.
• Men should advertise men’s products and women should advertise women’s products.
• The need to consider dress and makeup based on Iranian-Islamic cultural norms and principles.
• Two years of prohibition from work for the offender should be taken into account.