Article written by Haim Ravia, Dotan Hammer and Adi Shoval
The attorney general of the Israeli government submitted a court brief stating his position that advertisement on social media platforms, especially when made by social media influencers and celebrities to advertise products or services, must be disclosed clearly as an advertisement. They must be flagged as a commercial advertisement or funded content. Merely tagging the advertising company’s name does not suffice, says the attorney general.
The brief was submitted in connection with several motions for class action certification against companies that engaged celebrities and influencers to advertise their products on social media, without clearly disclosing those posts as ads.
The attorney general’s brief explains that the Israeli Consumer Protection Law, which forbids misleading forms of advertising, also applies to advertisement on social media platforms, particularly because children and teenagers use these platforms and are much more susceptible to advertisements.
