Criminal Liability of Influencers for Misleading Endorsements: Strengthening Consumer Protection in the Digital Age in Indonesia

DOI

10.2991/978-2-38476-491-4_22How to use a DOI?

Keywords

Influencer; Misleading Endorsement; Consumer Protection; Criminal Liability

Abstract

The rapid development of social media has given rise to the phenomenon of influencers individuals with substantial online followings who often engage in product or service endorsements. While influencer marketing has become a powerful tool in the digital economy, it also poses legal and ethical challenges, particularly when misleading or false endorsements harm consumer interests. In Indonesia, the absence of specific and enforceable regulations regarding influencer accountability has led to increasing cases of consumer deception, ranging from unverified health products to fraudulent financial schemes. This article examines the potential criminal liability of influencers under Indonesia’s current legal framework, including the Consumer Protection Act (Law No. 8 of 1999), the Criminal Code (KUHP), and the Electronic Information and Transactions Law (UU ITE/ ITE Law). It argues that while these laws provide a basic foundation, they are insufficient to address the unique nature of influencer misconduct in digital environments. Through legal analysis and case studies, this research highlights the limitations of existing enforcement mechanisms and explores the extent to which misleading endorsements may fulfill the elements of criminal responsibility, such as intent, causality, and public harm. The study recommends strengthening the legal regime through clearer regulatory guidelines, mandatory disclosure requirements, and the application of criminal sanctions in cases of severe consumer harm. Enhancing legal literacy for influencers and regulatory coordination is also essential. Ultimately, imposing criminal liability for misleading endorsements serves not only to protect consumers but also to build a more ethical and resilient digital society in Indonesia.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Nurzakiah Nurzakiah
AU  - Haris Haris
AU  - Aprilia Bhirini Slamet
PY  - 2025
DA  - 2025/11/18
TI  - Criminal Liability of Influencers for Misleading Endorsements: Strengthening Consumer Protection in the Digital Age in Indonesia
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 239
EP  - 250
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_22
DO  - 10.2991/978-2-38476-491-4_22
ID  - Nurzakiah2025
ER  -