Social Media Influencer dishes out tough lesson

Social media interactions might feel a lot more casual and organic than more traditional forms of engagement, including mainstream advertising.

But that doesn’t mean the same rules don’t apply.

Users need to be constantly reminded that reckless and offensive posts can cost them big time, because libel laws apply to all media, both old and new.

The same goes for contract law. And the golden rule in that field is, ‘make sure it’s in writing’.

Melbourne café Legacy learned that the hard way when it recently hired Intsagram influencer, Chloe Roberts, to promote it on her hugely popular page.



The two parties entered a verbal agreement for per post payment, but there was no mention about how long Roberts was obliged to keep her images of the café online.

When she decided to archive them after a week in the interests of keeping her feed fresh, a dispute broke out. The café objected to their paid posts going underground, believing they were entitled to have them displayed permanently.

The Victorian Civil and Administrative Tribunal (VCAT) disagreed; ordering them to pay Ms Roberts’ costs and also two thirds of her fee ($1400). In short, it pointed to the fact there was no proper agreement in place that prevented her from archiving the posts.

And therein lies the age-old lesson in this bold, new frontier of advertising and promotion.

Whatever you do . . . whoever you do it with . . . however much you pay . . . get it in writing first.

If your business uses or is exploring social media influencers, don’t hesitate to contact Brilliant Logic for advice. Our team of marketing experts know all the pitfalls and risks when it comes to this relatively new and untested arena.