Liability of Social Media Influencer: Some Thoughts on the Documentary Fyre: The Greatest Party That Never Happened

Abstract

The article examines the liability of social media influencers considering the documentary about the Fyre Festival scandal. The first part analyses consumer law and the unidentified publicity influencers provide showing that they share joint liability with the businessperson that hired them. The second part looks at the non-contractual (negligence/tort) liability of influencers, who disseminate false information. Forms of strict liability are also analysed, proving their liability is dependent on an act of fault or negligence. The research is relevant because cases of influencer liability are becoming more common, and the paper offers criteria for understanding different hypotheses.