South Africa’s digital landscape is evolving rapidly, bringing new challenges for consumer protection in the age of social media. While traditional advertising has long been regulated, influencer marketing – a dominant force on platforms like Instagram – remains largely uncharted territory in Law.
This gap drove 23-year-old Ms Lumka Swana to dedicate her research to exploring the legal frameworks surrounding influencer marketing in South Africa.
Swana, who hails from Durban with roots in Bizana and Umtata, recently completed her Master of Laws in Business Law with a dissertation highlighting the pressing need for stronger regulation in this growing industry.
Her research, ‘A Critical Analysis of the “Paid Partnership” Feature on Instagram as a Preventative Mechanism Against Deceptive and Misleading Marketing’, examined deceptive practices in influencer marketing – from fake testimonials to curated illusions of popularity – and analysed the shortcomings of existing mechanisms such as the Consumer Protection Act (CPA), the Advertising Regulatory Board (ARB), and the Social Media Code.
“There is no legislation in South Africa that is specifically designated to regulate influencer marketing, and this makes it difficult to hold both influencers and brands accountable when consumers are misled,” she explained.
Her findings revealed a dual problem: while influencers sometimes disguise sponsored content, brands also play an active role in deception.
“At times, brands employ influencers to promote products and services they know are of a low standard. In other cases, brands dictate content in a way that manipulates trust between influencers and their followers,” Swana noted.
A significant focus of her research was Instagram’s ‘paid partnership’ feature, which is designed to promote transparency. However, Swana found its limitations troubling, as it leaves consumers vulnerable to misleading promotions on one of the platform’s most widely used tools.
Her recommendations are bold but practical. She proposes clearer definitions within the CPA – specifically around terms like ‘false,’ ‘misleading,’ and ‘deceptive’ – and stronger enforcement by regulatory bodies.
She also suggests redesigning Instagram’s disclosure tools to make them more visible, such as changing the colour of the ‘paid partnership’ tag to red and the platform’s reporting options to include ‘misleading and deceptive’ posts.
Swana’s passion for the subject comes not only from her academic curiosity but also from her lived experiences as a consumer.
“I love social media and genuinely believe in influencer marketing. I see how it affects my own purchasing decisions and those of my friends and family. But I also believe it is crucial to protect consumers while allowing influencers their creative freedom,” she said.
Now serving as a candidate attorney in general litigation, Swana admits that her current work does not directly align with her research – but she remains hopeful.
“One day, I’d love to be involved in regulatory work connected to social media and influencer marketing. It’s a field that will only grow in importance.”
For Swana, the most rewarding outcome of her research would be to see it benefit others. “I would love for my dissertation to form part of the library resources at UKZN. Research on influencer marketing in Law is still new, and if my work can inspire or guide other students, it would mean the world to me.”
Words: Ayanda Radebe
Photograph: Sethu Dlamini