After the Media Law, who regulates influencers?

Source: MTV Lebanon

It all starts with an Instagram Story. An influencer tries a restaurant, a cosmetic product, a dietary supplement, or a newly launched item and recommends it to their followers. Tens or even hundreds of thousands of people may view the content, yet one question often remains unanswered: is this genuinely a personal experience, or is it paid advertising?

In Lebanon, the world of influencers has evolved far beyond a space for entertainment and sharing everyday life. It has become a thriving advertising market, attracting companies, restaurants, clinics, and brands willing to pay for access to audiences that are, at times, more influenced by a personality on their smartphone than by a traditional advertisement. But where does the law stand in relation to what happens on social media platforms? And who regulates influencers while also protecting their rights?

A law in the making

The answer appears to be taking shape. Minister of Information Paul Morcos has revealed that work is underway on a standalone law specifically dedicated to influencers and bloggers, alongside discussions on Lebanon’s new Media Law.

Speaking to MTV Lebanon, Morcos explained that the proposed legislation is still in its preliminary stages and that the first draft has yet to be completed. He said the objective is to establish a dedicated legal framework that both supports and regulates the activities of content creators, influencers, and bloggers.

According to Morcos, the draft law will define the legal concepts of “influencer,” “content creator,” and “blogger,” while clarifying their responsibilities regarding published content. It will also establish clear publishing standards, particularly in relation to combating misinformation, hate speech, incitement, defamation, violations of privacy, and the protection of minors. In addition, the law is expected to outline procedures for addressing violations.

He added that the legislation complements Lebanon’s broader media reform efforts by modernizing the country’s legal framework to keep pace with the rapid growth of social media and the digital content industry, while safeguarding freedom of opinion and expression.

Once the initial draft is completed, stakeholders and legal experts will be invited to review the text and submit comments before the bill officially enters the legislative process.

What should the law regulate?

A legal expert interviewed by MTV argued that the proposed legislation raises a wide range of important questions.

Should influencers be legally required to clearly label paid content with terms such as “Advertisement” or “Sponsored”? Should free products, complimentary hotel stays, or sponsored travel also be considered compensation that must be disclosed? What rules should govern the promotion of medicines, dietary supplements, and cosmetic procedures? Should such endorsements require prior approval from the relevant health authorities? And are there certain products that should not be promoted at all?

From both legal and financial perspectives, the expert also questioned who bears responsibility if an influencer promotes a product using false or misleading claims. Is the influencer liable, the advertising company, or both?

Furthermore, if influencers regularly earn income through sponsored content, they are effectively engaging in an economic activity. This raises additional questions regarding income registration, invoices, contractual obligations, and tax compliance.

The world is ahead of Lebanon

Lebanon is far from the first country to confront these challenges.

In France, lawmakers adopted dedicated legislation in 2023 regulating commercial influence on digital platforms. The law established a legal definition of commercial influencers, imposed advertising rules, and prohibited or restricted the promotion of certain sensitive products and services.

The United Arab Emirates has opted for a licensing system by introducing an “Advertiser Permit” that regulates individuals engaged in commercial advertising through social media, including requirements concerning eligible accounts and published promotional content.

In the United States, the Federal Trade Commission (FTC) requires influencers to clearly disclose any material relationship with the brands they promote. This obligation extends beyond direct financial payments to include free products, discounts, complimentary services, and other benefits.

Similarly, the United Kingdom’s advertising rules require users to be able to recognize promotional content immediately. Influencers who repeatedly fail to comply may face enforcement action.

Finding the right balance

Lebanon is not expected to replicate the French or Emirati models word for word. Rather, it must develop a framework that reflects its own legal system, digital economy, and commitment to freedom of expression.

The central challenge will be drawing a clear line between personal expression and commercial activity. Effective regulation should increase transparency, strengthen consumer protection, and provide legal certainty for content creators without stifling innovation or creativity.

Ultimately, the objective is not to suppress Lebanon’s growing influencer economy, but to ensure that influence does not become deception, and that social media influencing does not simply become the default profession for every unemployed person seeking easy income.