The legal landscape of influencer marketing: insights from Gabrielle Naidoo's research

Aspiring legal professional Gabrielle Naidoo, driving by an insatiable curiosity about the world, particularly where law technology, and society intersect, recently graduated with a Master of Laws (LLM) at UKZN.

The 25-year-old's background, rooted in strong family ties and inspired by stories of women breaking barriers, fuelled her passion for justice and storytelling.

Naidoo's academic journey has culminated in a research study that probes one of the most modern and complex issues in today’s legal landscape: the rise of social media influencer marketing and the regulatory gaps that come with it.

Her study, “Uncharted Waters: Mapping the Potential Legal Concerns and Current Legislative Measures Governing Social Media Influencer Marketing in South Africa”, delves into the underregulated world of influencer marketing, where the line between genuine content and paid promotion is increasingly blurred.

She found that influencers often failed to disclose paid partnerships, manipulated follower metrics, and used misleading language - all of which compromised consumer trust and distorted fair market competition. 

With South Africa relying primarily on a Social Media Code by the Advertising Regulatory Board, Naidoo argued that this framework, while internationally aligned, lacked the teeth to offer lasting protection to consumers and businesses alike.

Naidoo recommended the introduction of formal legislation alongside regular educational initiatives aimed at influencers and businesses. 

"In a rapidly evolving digital economy, I believe that trust and transparency must be legally enforced, not just encouraged. My work stands to benefit a broad spectrum of society - from everyday consumers to small businesses, influencers, marketing agencies, and even policymakers aiming to build a safer digital economy."

Naidoo’s research is a testament to the fact that law is not just for lawyers - it extends well beyond the courtroom. 

"As someone who developed a keen interest in cyber law during my LLB studies, I have witnessed how easily people can fall victim to the digital grey areas. My research is a call to make legal knowledge more accessible." 

She hopes to one day publish her findings, speak at conferences, and use digital platforms to simplify complex legal ideas for the public.

Her vision is to create value and clarity in an online world that often thrives on ambiguity - all while challenging the norms. Naidoo is formerly from Malvern in Durban and currently resides in Pretoria. 

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