In the digital era, where societal values are increasingly shaped online, KOLs and KOCs have emerged as a powerful force. 

The rise of the digital economy has made online advertising a powerful marketing tool, creating numerous opportunities for businesses and content creators. However, alongside its benefits, online advertising has given rise to significant issues.

A prominent concern is false advertising, which misleads consumers about the benefits or quality of products and services. Some organizations, individuals, celebrities, and social media influencers (KOLs and KOCs) promote products or services without verifying information, harming consumers and eroding trust in advertising as a whole.

Additionally, challenges include advertisements that violate cultural norms, fail to ensure brand safety, or involve anonymous promotions, posing obstacles to effective regulation.

Beyond being social media celebrities, they become “guides” in modern communication trends, shaping mindsets, disseminating information, and inspiring millions, particularly  youth.

In many countries, KOLs are not just marketing tools but symbols of “soft power” with societal impact. Their role, therefore, cannot be separated from responsibility. 

While KOLs should be empowered to promote the national economy, culture, and communications, a management framework is essential to guide their behavior, enhance social responsibility, and mitigate negative consequences from misleading content.

Legal framework lags behind KOL influence

The current legal framework cannot keep pace with KOLs’ influence, and penalties lack deterrence. Initiatives to support KOLs and KOCs in developing talent, creating quality content, and avoiding legal risks are emerging but have not yet fostered a healthy ecosystem for their growth.

In Vietnam, despite operating as individuals, KOLs and KOCs influence societal perceptions and behaviors. Yet, there is no comprehensive legal framework to regulate their professional conduct. Laws such as the Advertising Law, Cybersecurity Law, and Consumer Protection Law provide only supplementary guidance, and do not address the specific nature of KOL and KOC activities.

As a result, issues like non-transparent advertisement, misinformation spreading, and illegal livestream sales remain prevalent. 

Notably, the violations of this kind by KOLs and KOCs are often penalized at the level of ordinary individuals, failing to reflect the scale of their influence and potential harm.

This legal gap not only hinders management but also seriously erodes public trust, because it is difficult for them to distinguish between responsible KOLs and KOCs and those who take advantage of them for personal gain.

Meanwhile, overly strict regulations to address these issues could stifle the thriving creative space.

At a cybersecurity forum organized by the National Cybersecurity Association on July 28, Lieutenant Colonel Nguyen Tien Cuong from the Cybersecurity and High-Tech Crime Prevention Department, said: “We are witnessing a generation of social media influencers driving societal perceptions. However, they are not yet treated as a professional group, leading to legal paradoxes and public risks.”

According to Cuong, there is a significant lack of regulations directly addressing those engaged in specialized online activities, such as influencer marketing advertising.

KOL management framework 

Globally, many countries have recognized these risks and established professional KOL organizations for self-regulation, such as certification programs in France, violation tracking in China, and strict oversight in Singapore.

In Vietnam, experts have drawn on global models and proposed establishing a Vietnam KOL and KOC Alliance with the following core functions:

First, developing a code of professional ethics, covering advertising processes, information transparency, and limits on sensitive content.

Second, implementing a credibility rating system to help businesses, the government, and the public identify responsible KOLs.

Third, organizing regular dialogues with lawmakers to design a flexible, culturally appropriate legal framework.

Cuong emphasized the need to build a responsible KOL and KOC community, both in personal conduct and societal impact. This cannot rely solely on state management; KOLs and KOCs must self-organize, self-regulate, and commit to shared standards to maintain a safe and autonomous digital space in Vietnam.

Without self-regulation, KOLs and KOCs risk increasingly stringent legal interventions, where a single incident could trigger industry-wide restrictions. 

Establishing a self-managed community with professional ethics and dialogue with regulators will not only legitimize the KOL profession but also position it as a vital force in building a sustainable digital society.

Thu Uyen