The Legal Framework for the Civil Liability of Social Media Influencers for Advertising in the Kingdom of Saudi Arabia

Abstract

This research addresses the issue of the civil liability of social media influencers for the advertising content they present. This comes in light of the rapid growth of influencer marketing and the legal challenges it poses concerning consumer protection from misleading or harmful advertising. The research aims to analyze the theoretical and legal foundations of this liability within the Saudi system, review the most prominent practical challenges facing its application, and provide recommendations for developing the legislative and regulatory framework in line with international best practices. The significance of the research lies in addressing the relative regulatory gap in accurately defining the liability of influencers, especially with the increasing reliance of brands on them as a primary marketing tool. The research seeks to answer a central question: What is the adequacy of the current legal texts in the Kingdom of Saudi Arabia to regulate the civil liability of influencers, and how can they be developed by benefiting from leading international experiences, such as those of the United States and the European Union? The research adopts a comparative analytical methodology, analyzing relevant legal texts in the Saudi system, such as the Civil Transactions Law, the E-Commerce Law, the Consumer Protection Law, and the regulations of the General Commission for Audiovisual Media. It also compares them with the guidelines of the U.S. Federal Trade Commission (FTC) and European legislation related to digital advertising, with the aim of drawing useful lessons. The research concludes with several findings, most notably that the Saudi legal framework provides a general basis for holding influencers accountable based on the rules of tortious and contractual liability. However, there is a pressing need for detailed texts that address the specific nature of influencer advertising, clearly defining their obligations, particularly regarding the duty to disclose the advertising nature of the content and to verify the accuracy of the information provided about products or services. The research presents a set of recommendations for developing the legislative environment in the Kingdom, including: proposing a special regulatory framework for influencer liability that precisely clarifies their obligations, and establishing criteria for their classification based on their degree of influence and type of content.