KOL Marketing Laws & Ethics: What Brands & KOLs Must Know to Avoid Problems

In an era where influencers or KOLs have become powerful marketing tools, creating a successful campaign is no longer just about engagement or conversions. It's also about legal responsibility and ethical standards that everyone in the industry must follow, as mistakes can impact both the brand and the influencer.

This article will take you on a deep dive into the important laws and precautions, ensuring you can run your KOL Marketing campaigns ethically, transparently, and build long-term trust.

Why Are Laws and Ethics So Important for KOL Marketing?

Today's KOL Marketing and Influencer Marketing have a direct impact on consumer purchasing decisions. Therefore, to protect consumers and standardize the industry, government agencies and stakeholders are paying more attention to this matter.

Common problems that arise from a lack of understanding of laws and ethics include:

Exaggerated advertising: Making false claims about a product's properties, which may be considered deceptive or misleading advertising.
Lack of transparency: Failing to disclose that content is sponsored, leading consumers to believe it's a genuine user review.
Damage to brand and individual reputation: If an influencer breaks the law or has an ethical issue, the brand they work with can suffer a damaged reputation.

Because KOL Marketing is a tool built on personal credibility, upholding high standards is of the utmost importance.

Laws Related to KOL Marketing in Thailand

While Thailand does not yet have specific laws directly regulating KOLs, Influencer Marketing is still subject to several advertising and consumer protection laws that must be strictly followed.

1. The Consumer Protection Act, B.E. 2522

This law prohibits advertisements that contain false or exaggerated claims or that may cause a misunderstanding about the essential nature of a product or service.

Impact: Both the brand and the KOL may face civil penalties, such as compensation, or criminal penalties, such as imprisonment or fines, if the advertisement is found to be false.

2. The Food and Drug Act

For products like food, drugs, cosmetics, and dietary supplements, advertising must be approved by the Food and Drug Administration (FDA). It prohibits exaggerated claims, such as "curing diabetes" or "losing 10 kg in 7 days."

Impact: Both the brand and the influencer who publish illegal content will be subject to penalties under the relevant laws.

3. Other Relevant Laws

The Computer-Related Crime Act: Prohibits importing false information into a computer system.
The Criminal Code, Sections 326 and 328: Pertaining to defamation.
The Act on Offenses Relating to Public Tenders: In cases where a KOL is involved in a state project.
The Personal Data Protection Act (PDPA): Prohibits the disclosure of personal data without consent.

Ethics to Consider in KOL Marketing

In addition to following the law, having ethical standards in Influencer Marketing is crucial for building credibility and long-term brand sustainability.

1. Transparency Through Disclosure

The most important principle of ethical KOL Marketing is transparency. Influencers must clearly disclose that the content is sponsored and not a genuine user review. This can be done in several ways, such as:

Using clear hashtags like #Sponsored, #Ad, or #PaidPartnership.
Using the "Paid partnership with..." feature on various platforms.
Stating directly in the video or caption, "This video is sponsored by..."

2. Honesty and Sincerity

Influencers should only accept work for products and services they genuinely believe in. They should not make claims they have not personally tested or cannot verify. A truthful review will build long-term trust more effectively.

3. Social Responsibility

KOLs should be aware of their influence on their followers, especially children and teenagers. They should avoid reviewing potentially harmful products or publishing content that is unethical.

4. Conflict Management

If a problem arises, the influencer and the brand should communicate clearly and work together to resolve the issue professionally to minimize negative impact.

Conclusion: Plan Your KOL Marketing Strategically and Legally

Good KOL Marketing is not just about making sales. It's about building trust and a lasting relationship with consumers. Understanding the relevant laws and ethics is a vital defense that protects your brand from legal risks and reputational damage.

If you need a professional team to plan and manage your KOL Marketing campaign ethically and legally, transcosmos is ready to be your business partner. With our team of KOL Specialists who are experts in data-driven strategies, we create campaigns that not only generate buzz but also deliver tangible business results and sustainable growth for your brand.

👉🏼 Learn more about our Influencer & KOL Marketing services from transcosmos Thailand here:

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