media licence, under a new regulation. The media 
licence will be like those that magazines and 
newspapers acquire from the authorities in the UAE. 
It costs 15,000 AED annually. The NMC under 
Article 4 of the Federal Law No. 11 of 2016 on the 
regulation and powers of National Media Council is 
given the powers to draft the media policy of the 
UAE, including enacting media legislations and 
ensuring that they are implemented. The Electronic 
Media Regulation specifies that the licensing applies 
to anyone who does not already hold a trade license 
and those who accepts paid collaborations, sponsored 
posts and/or brand deals in the UAE for creating 
promotional content to be shared with their followers. 
Those who failed to comply with the new regulations 
may be fined up to AED 5,000. 
The regulation also stipulates that, apart from 
licensing, any media activities on social media 
platforms carried out for commercial purposes, shall 
meet the applicable advertising standards or criteria 
adopted by the council and the parties involved must 
be responsible for the content on such media. Social 
media influencers, blogs and personal web, including 
individuals and organisations that voluntarily 
promote work are not subject to the new regulation 
provided they are non-commercial in nature. How the 
UAE authorities will manage to differentiate the 
activities between commercial and non-commercial, 
especially when they involve micro influencers and 
enforced the new regulation remains to be seen.  
5 CONCLUSIONS 
Social media’s role in influencer marketing will 
continue to grow, even in Malaysia. The use of social 
media and influencers for products or services 
endorsement creates better engagement and 
awareness for customers and it turns out to be a well 
utilised tool for marketing purposes. However, its 
usages raise some legal concerns. This article 
discussed one major legal issue associated with 
influencer marketing endorsement activities on social 
media – the lack of disclosure. Although, 
endorsement have been regulated by traditional 
marketing laws by many countries, including 
Malaysia, but only certain jurisdictions have provide 
a specific legal framework to regulate influencer 
marketing on the social media platform. Deceptive or 
false claims in marketing will lead to many social 
media marketeers and influencers into liabilities. 
Non-disclosure of the material relationship between 
the influencers or endorsers and the marketeers or 
brands leads to unfair influence on the consumers’ 
purchase decision and in turns is a form of deception 
under the law. Appropriate steps must be devised to 
avoid or mitigate this concern. Terms and conditions 
that specify upon which these influencers and 
marketeers operate must be made clear. Regulations 
and legislations thus, play a big role in providing such 
guidance and ensuring compliance. Latest regulatory 
developments from the USA and UAE in dealing with 
influencer marketing shows two different approaches 
in their regulations, through guidelines and licensing, 
while Malaysia has yet to arrive at any specific rules 
nor guidelines. Malaysia needs to acknowledge the 
need for reform in the matter and welcome changes in 
the laws of influencer marketing soon. Lessons and 
experiences learnt from various jurisdictions 
worldwide, including the USA and the UAE on the 
development of the laws should be carefully 
considered. 
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Arising Legal Concern in Endorsement Practices by Social Media Influencers in Malaysia: A Comparative Perspective