Jurisdiction(s):
United Kingdom

Key definition

Social media definition

What does Social media mean? In legal practice, social media describes internet-based services that allow users to create, publish, share and interact with content and with each other, often in real time and at scale (for example, social networks, microblogs, forums, blogs, messaging services with group/public features, and video-sharing platforms), as opposed to one-way broadcast media. The term is descriptive rather than a defined statutory term. Regulation is framed through related concepts, including in the UK the Online Safety Act 2023 (covering user-to-user and search services) and the video-sharing platform regime under the Communications Act 2003 (as amended), and in Ireland the Online Safety and Media...

Canada’s influencer marketing legal framework: material connection disclosures, enforcement and sanctions, and key terms for brand–influencer agreements

Published by a LexisNexis TMT expert

Practice notes

This Practice Note is chiefly intended for brands seeking to collaborate with Social media influencers (or other talent) on targeted social marketing campaigns and Advertising promotions in Canada...

Applicable regulations, codes and guidelines

In Canada, the relationship between influencers and brands is largely governed by the federal Competition Act, R.S.C. 1985, c. C-3, together with relevant regulatory and industry guidance. The Act broadly prohibits representations that are false or misleading in a material respect. These misleading advertising provisions apply to influencer activity in the same way as any other marketing, and extend to statements made by influencers to the public.

Under the Competition Act, the federal Competition Bureau oversees influencer marketing, including deciding what constitutes a ‘material connection’ between an influencer and a brand and the related disclosure obligations, which are discussed in detail below. The Competition Bureau may seek administrative remedies for misleading advertising as a civil offence, or pursue prosecution where misrepresentations are made knowingly or recklessly as a criminal offence. The criminal misleading advertising offence appears in subsection 52(1) of the Competition Act, and the civil misleading advertising prohibition is set out in subsection 74.01(1)(a) of the Competition Act...

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René Bissonnette

Gowling WLG

René Bissonnette is a partner in Gowling WLG’s Toronto office with distinctive expertise in matters at the interface of advertising, marketing and entertainment law. René is ranked in Chambers 2022 for Advertising & Marketing. He provides practical advice and cost-effective risk management solutions.As part of his practice, René regularly advises clients on:Executing promotional campaignsNegotiating spokesperson, sponsorship, talent and co-promotion agreementsDealing with talent union (e.g. ACTRA) mattersResponding to Ad Standards complaintsCreating influencer marketing and native advertising contentProducing and exploiting film, music and other creative propertiesAdvising clients on CASL and privacy mattersReviewing consumer goods packaging and labellingDeveloping website terms of use and social media policiesStructuring online consumer transactions and rewards programsFluent in English and French, René is a member of the Ad Standards Council, the co-editor of the Food, NHP & Cosmetic newsletter and a lecturer at Osgoode Hall Law School, Ryerson’s Digital Media Zone and...

Shannon Uhera

Gowling WLG

Shannon Uhera is an associate in Gowling WLG's Toronto office and a member of the Intellectual Property Group. Her practice is focused in advertising and marketing law. Shannon has experience across a range of advertising and marketing law areas, including contest design and review, influencer marketing, sponsorship, talent and co-promotion agreements, social media, advertising copy review, e-commerce matters and consumer protection law, and privacy law. She regularly advises on provincial and federal requirements for clients in the retail, consumer goods, financial services, alcohol, automotive, and telecom industries. Shannon has a keen understanding of practical business needs and procedures. In 2018, she was seconded to one of the world’s largest beverage companies, where she assisted with a range of advertising, business, and intellectual property matters. She has since been seconded on a part-time basis to one of Gowling WLG's largest banking clients, as well as the...

Web page updated on 21/05/2026

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