Fashion law and influencers: from incredulity to their legal integration

Abstract

The beginnings of fashion law and the figure of the influencer are highly synchronous as both were underestimated and currently stand out for having achieved well-deserved social and legal recognition. Furthermore, the fashion sector was a pioneer in taking risks with the collaboration of influencers to reach a greater number of potential clients. Thus, lawyers specializing in this field will be able to provide sound advice to those who, focusing on this sector, find a source of income and have to adapt to a new regulatory landscape that pays greater attention to them. Nevertheless, although this landscape/law has not yet fully materialized, they will have to be aware of the liabilities entailed in order to avoid situations that may affect them at a legal level. Recent general Law 13/2022, of July 7, 2022, on audiovisual communication, recognizes the influencer’s relevance from the advertising expenditure and consumer perspective. Regarding this law, we wish to highlight the following: the legal provision for tax purposes aimed at avoiding economic migration to countries with a light tax burden, the establishment of a state register of providers of these services, the promotion of codes of conduct, the prohibition of covert advertising, the obligation to clearly identify commercial communications as well as a wide range of infringements and penalties of up to 600,000 euros. Its entry into force is not yet complete with regards to some of the articles that respond to many of the questions motivating it, so it will be necessary to wait for its regulatory development to assess its effectiveness. On the other hand, this recognition must allow them to demand greater protection in the performance of their activity against criminal behaviour on the part of haters or followers, since despite finding a punitive provision in our Penal Code, it is not effective in its applicability due to the difficulty of identifying or locating the person hiding behind a social media account to discredit or harm the influencer.