Can We Sue an Influencer Who Promotes A Fraud Business in Which We Bought Something From Them?

In this modern era, there are lots of businesses using all kinds of advertisements to promote their products. So, people eventually will know about the products and might be potential customers for the company or business. One of the most famous ways that a business uses to get their products promoted is using influencers.

Influencers?

All of you must be already familiar with the word influencers. Influencers or social media influencers is someone who has lots of followers and usually attracts their followers or their potential followers using the content that they make. The more interesting their contents, the more potential followers will be their real followers. 

Influencers who have thousands or even millions of followers usually get offered by some businesses to advertise their products. If both agree, then influencers will get the money from it and businesses will have their product advertised.

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But What If?

But what if businesses that the influencers are promoting, turns out to be a fake business or a fraudster? And we already bought something from the business but can't get the business sued because it disappears. Can we get the influencer sued instead?

Influencers are prohibited to...

According to article 17 paragraph (1) Law Number 8 of 1999 concerning Consumer Protection, promoters are prohibited to contain false, incorrect, or inaccurate information about goods or services; deceive consumers regarding the quality, quantity, materials, uses, and prices of goods and/or services as well as the timeliness of receipt of goods and/or services; deceive the guarantee for goods and/or services; does not include information on the dangers associated with using products and/or services; does not use events and/or people without their consent or the consent of the authorities; does not comply with ethical standards or legal requirements governing advertising.

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If it turns out that the influencer does one of the those mentioned above, then the influencer has to stop promoting or advertising the products or services that a business has assigned them to. And of course, the influencer is the one who's responsible for all the advertisements they make, including legal consequences. 

It's made to make sure that consumers have the right to get right and valid information, whether it comes from the business or the advertisers or influencers in this case. Also, according to Government Regulation Number 80 of 2019 concerning Trading Through Electronic System, each party that produces, offers services for, and/or distributes electronic advertising must make sure that the submitted content complies with all applicable laws and regulations. They are also responsible for the content/electronic advertising material.

The Consequences and What To Do After

According to Law Number 19 of 2016 concerning Amendment to Law Number 11 of 1009 concerning electronic information and transaction, anyone who intentionally and without permission spreads false and misleading information that causes consumer losses in electronic transactions can be punished with imprisonment for a maximum of 6 years and/or a maximum fine of IDR 1 billion. If the influencer knows the bad intentions of the business actor to commit fraud, he can be charged with this crime.