Abstract

The rise of social media influence has reshaped the communication of information and the trust of consumers in the digital age. The opinion and endorsements of influencers shape and control the markets and behaviors of consumers as they become dominant communication vehicles. Their opinion and endorsement control the markets and behaviors of consumers. The rise of social media influences control and dominate the communication of information and the trust of consumers of the digital age. The rise negatively impacts the legal and ethical concerns of transparency, truthfulness, and the commercialization of oneself. This essay addresses the legal and ethical concerns of the influence of social media on the individual on a global scale focusing on the 2022 US Securities and Exchange Commission (SEC) lawsuit against Kim Kardashian, who was fined for the unlawful promotion of the cryptocurrency EthereumMax due to a failure to disclose sponsorship. The case illustrates the advertising endorsement of a public figure, the financial power they possess, and the advertising gap legal control. This essay concerns mainly with the ethics of celebrity endorsement with changes in legal and financial power. The case illustrates the ethical concerns with celebrity endorsement and financial power. The case illustrates the new financial power of celebrity endorsement and the gap in legal control. The author, using ethical theories (deontological, ethical, and virtue theories) to analyze the cross border legal retrospective of the US, UK, EU and UAE, confronts the deficiency of aiding influence marketing with legal and ethical theories. This essay argues that the caution of the SEC vs. Kardashian as a new legal precedent is the basis for a globally coordinated ethical underdevelopment in law, digital trust, and media freedom in the digital economy

This study concludes that social media marketing is an ethically sustainable practice due to the increasing need for social media influencers to adopt ethical literacy and transparency in their activities and the necessity for a sustained and formal global regulation.

References

1. Abidin, C. (2021). Influencers and (new) media ethics: Shaping online trust in the age of sponsored content. Social Media + Society, 7(3), 1–12. https://doi.org/10.1177/20563051211017557
2. Advertising Standards Authority. (2022). Influencers’ guide to making clear that ads are ads. https://www.asa.org.uk/advice-online/influencers-guide.html
3. Davis & Gilbert LLP. (2022). SEC penalizes Kim Kardashian over $1 million for paid crypto post. https://www.dglaw.com/sec-penalizes-kim-kardashian-over-1-million-for-paid-crypto-post/
4. Elliptic Research Group. (2022). Crypto regulatory affairs: The SEC versus Kim Kardashian. https://www.elliptic.co/blog/crypto-regulatory-affairs-the-sec-vs-kim-kardashian
5. European Commission. (2023). Digital Services Act (Regulation (EU) 2022/2065): Transparency and online advertising. https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-
6. package
7. Federal Trade Commission. (2023). Disclosures 101 for social media influencers. https://www.ftc.gov/business-guidance/resources/disclosures-101-social-media-influencers
8. Gonzales, G. (2022). Keeping up with the Krypto: Kim Kardashian’s touting violation. Syracuse Law Review. https://lawreview.syr.edu/keeping-up-with-the-krypto-kim-kardashians-touting-
9. violation/
10. Khamis, S., Ang, L., & Welling, R. (2022). Self-branding, influencers, and the future of media ethics. Journal of Media Ethics, 37(2), 81–97. https://doi.org/10.1080/23736992.2022.2036847
11. Markham, J. W. (2023). Securities and Exchange Commission vs. Kim Kardashian: Celebrity crypto promotions and the major questions doctrine. William & Mary Business Law Review,
12. (3). https://scholarship.law.wm.edu/wmblr/vol14/iss3/2/
13. UAE Media Council. (2023). Guidelines for social media influencer licensing and advertising disclosure. https://www.uaemediacouncil.gov.ae
14. U.S. Securities and Exchange Commission. (2022, October 3). SEC charges Kim Kardashian for unlawfully touting crypto security (Press Release No. 2022-183). https://www.sec.gov/news/press-release/2022-183
15. Wellman, M. L. (2020). Ethics of authenticity: Social media influencers and the production of sponsored content. Journal of Media Ethics, 35(2), 68–82. https://doi.org/10.1080/23736992.2020.1736078