{"id":4709,"date":"2024-11-11T13:37:58","date_gmt":"2024-11-11T12:37:58","guid":{"rendered":"https:\/\/ctakomunikacije.hr\/?p=4709"},"modified":"2024-11-19T15:51:20","modified_gmt":"2024-11-19T14:51:20","slug":"influencers-and-advertising-croatias-gray-area","status":"publish","type":"post","link":"https:\/\/ctakomunikacije.hr\/en\/influencers-and-advertising-croatias-gray-area\/","title":{"rendered":"Influencers and Advertising \u2013 Croatia’s Gray Area"},"content":{"rendered":"\n

You\u2019ve probably heard about Ecija Ivu\u0161i\u0107 Belo\u0161evi\u0107 and the latest case of penalizing influencer advertising<\/a> on social media. The influencer has been found guilty (not yet final) and ordered to pay a fine of 665 euros plus 100 euros in court costs due to the (prohibited) promotion of electronic cigarettes on her Instagram profile. While she isn\u2019t the only one penalized in this way, both in Croatia and globally, there\u2019s still a strong sense that the influencer advertising space remains a \u201cWild West\u201d with ineffective regulations.<\/p>\n\n\n\n

Why was she fined?<\/h3>\n\n\n\n

Ecija was among a group of influencers taken to Egypt by the tobacco product company WIIP. They posted photos from the trip with the hashtag #wiiptrip. It\u2019s assumed that someone reported her to the State Inspectorate because, although no tobacco products were shown in the photos, the context was easy to understand.<\/p>\n\n\n\n

She wasn\u2019t fined for unauthorized or covert advertising <\/strong>on social media<\/a> because her posts weren\u2019t marked as sponsored content, but rather for indirectly advertising tobacco products<\/strong>, which is prohibited by the Law on the Restriction of Tobacco and Related Products<\/a>. Since this includes logo display, she was found guilty based on photos posted on her Instagram profile and the fact that she had a contract with an e-cigarette manufacturer.<\/p>\n\n\n\n

This is just one example of how the Electronic Media Act<\/a> is being exploited or subtly circumvented, as influencers aren\u2019t explicitly listed as \u201cmedia.\u201d<\/p>\n\n\n\n

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Pogledajte ovu objavu na Instagramu.<\/div><\/div>
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Objavu dijeli #S\u030cIKSIK (@paulasik)<\/a><\/p><\/div><\/blockquote>\n<\/div>\n<\/div>\n\n\n\n

Influencers aren\u2019t media? <\/h3>\n\n\n\n

Many influencers have hundreds of thousands of followers on social media, sponsored posts and often even registered businesses with employees. However, some still claim that their profiles are private, only sharing moments from their daily lives.<\/p>\n\n\n\n

It\u2019s clear as day that influencers, among other things, are funded by promoting products and services on their profiles. Today, they are an integral part of digital advertising<\/strong>, bringing direct benefits to clients and advertisers \u2014 positively influencing consumer behavior with subtle or direct brand endorsement, enhancing brand reputation and expanding the visibility of products or services. <\/p>\n\n\n\n

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Source: Freepik<\/figcaption><\/figure>\n\n\n\n
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Source: Freepik<\/figcaption><\/figure>\n<\/figure>\n\n\n\n

On the other hand, when influencers are criticized for irresponsibly promoting tobacco products, gambling, energy drinks, loans, or even weapons to their audiences, they argue they aren\u2019t media and aren\u2019t subject to media advertising laws<\/strong>.<\/p>\n\n\n\n

While influencer marketing<\/a> should be marked and separated as paid content, this isn\u2019t a common practice in Croatia. Influencers often covertly promote brands, making it difficult to discern if the content is promotional. This raises the question: does this form of communication mislead consumers, influencing them unethically<\/strong>?<\/p>\n\n\n\n

Labeling promotional content <\/h3>\n\n\n\n

Although most influencers consciously or unconsciously ignore Croatian advertising laws, which define advertising and how it should be labeled, they shouldn\u2019t ignore the platform rules on Instagram<\/a>, TikTok<\/a>, or YouTube<\/a>, which insist on clear sponsorship labeling.<\/p>\n\n\n\n

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@mimiermakeup<\/a>

Mariah defrosted and it\u2019s time for the advent calendars \ud83c\udf84starting with Sheglam! #makeuptiktok<\/a> #adventcalendar<\/a> <\/p> \u266c original sound – Mirta Miler<\/a> <\/section> <\/blockquote>