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The Smartphone Liability: Why Corporate Boards Must Rethink Influencer Risk

A corporation can spend decades building its reputation, investing millions in governance, quality, customer relationships and public trust. 

Yet, someone holding a smartphone, commanding millions of followers, and operating beyond the organisation’s direct control can compromise that reputation.

Welcome to the age of reputational contagion.

Social media has unleashed a flood of influencers.

Every day, an expanding army of content creators competes for attention, promoting everything from cosmetics and fitness programmes to financial services, property investments and lifestyle products.

Some possess genuine expertise, integrity and loyal audiences. Others have little more than a carefully manufactured public image, persuasive communication skills and impressive engagement statistics.

For corporations, distinguishing between the two is becoming a serious commercial challenge.

Having worked in intelligence, corporate investigations, and risk management, I have learned that the greatest vulnerability is sometimes the risk itself. 

I have learned that the greatest vulnerability is sometimes a threat an organisation fails to recognise. Sometimes, it is the threat that an organisation willingly invites in.

The flood of influence and the illusion of credibility

Influencer marketing has transformed the advertising industry. 

Businesses can now bypass traditional media and purchase direct access to audiences who often regard online personalities as friends, advisers or trusted authorities.

The commercial attraction is undeniable.

But the explosion of influencers has created a marketplace where popularity can be mistaken for credibility, visibility for expertise and followers for integrity.

An individual can accumulate hundreds of thousands of followers without demonstrating professional qualifications, commercial accountability or a history of ethical conduct.

Nevertheless, that same individual may secure lucrative corporate endorsements.

The question is no longer simply how many consumers an influencer can reach. It is whether the corporation understands who it is paying to represent its reputation.

A polished online identity is not a substitute for due diligence.

When reputation becomes a shared liability

Corporations routinely investigate potential acquisition targets, senior executives, suppliers and strategic partners.

Financial records are examined. Conflicts of interest are assessed. Regulatory exposure and adverse information are reviewed.

Yet influencer selection can be driven predominantly by audience demographics, engagement rates and projected sales.

What happens when the person representing the brand becomes embroiled in misconduct, misleading advertising or public controversy?

Consumers may interpret the commercial relationship as an endorsement of the individual’s behaviour and values.

The resulting damage can extend beyond social media criticism to cancelled contracts, disrupted campaigns, stranded inventory, regulatory scrutiny and declining consumer confidence.

This phenomenon is reputational contagion: risk originating outside the corporation but transferring through a commercial association.

Cryptocurrency Influencers: When Popularity Becomes a Substitute for Credibility

The cryptocurrency boom exposed another dangerous dimension of influencer marketing: the ability to transform online popularity into perceived financial credibility.

As digital currencies attracted global attention, social media became flooded with celebrities, online personalities and self-proclaimed investment experts promoting opportunities that many followers were poorly equipped to evaluate.

In 2018, the US Securities and Exchange Commission announced settlements with boxing champion Floyd Mayweather and music producer DJ Khaled over their promotion of cryptocurrency investment offerings without adequately disclosing financial compensation.

Mayweather had promoted offerings including Centra Tech, while Khaled promoted Centra’s initial coin offering. Both received payments for their endorsements.

According to the SEC, Mayweather agreed to pay approximately US$615,000, while Khaled agreed to pay approximately US$153,000 in disgorgement, penalties and interest. 

They did not admit or deny the regulator’s findings.

Separately, Centra Tech’s founders faced criminal fraud proceedings relating to the cryptocurrency venture.

The distinction is that undisclosed paid promotions, not their participation, are important. 

The regulatory action against the celebrities concerned their failure to disclose paid promotions, not allegations that they knowingly participated in the underlying cryptocurrency fraud.

Nevertheless, the case exposed a fundamental weakness in the influencer economy.

An individual may possess extraordinary public visibility without demonstrating financial expertise, investment competence or the ability to independently verify the products being promoted.

Investors face the risk of confusing familiarity with financial knowledge, leading them to rely on celebrity endorsements instead of conducting independent assessments.

For corporations and financial promoters, the implications extend beyond regulatory compliance. Commercial relationships with influential personalities can attract scrutiny over transparency, governance and the credibility of promotional claims.

From an investigative perspective, the question is not simply whether an influencer can generate attention, but whether the organisation has adequately assessed the risks attached to that attention.

Influence can create demand. It cannot establish legitimacy, guarantee integrity or replace due diligence.

Ferragni: When promotion attracts regulatory scrutiny

Italian influencer Chiara Ferragni’s promotional controversy involving Balocco Christmas cakes demonstrates another form of exposure.

Italian competition authorities-imposed penalties over marketing that created misleading impressions about charitable contributions associated with product purchases.

Ferragni was subsequently acquitted of criminal fraud charges in January 2026, an essential distinction between regulatory findings and criminal liability.

The controversy nevertheless demonstrated how promotional representations can create regulatory consequences and commercial uncertainty.

Australian businesses should pay particular attention.

In December 2023, the Australian Competition and Consumer Commission reported that 81 per cent of 118 influencers examined in a targeted review had published material raising concerns about potentially misleading advertising.

The review was not a representative sample of all influencers, nor did its findings establish that every concerning post breached the law.

However, inadequate disclosure of commercial relationships was a recurring concern.

Under Australian Consumer Law, businesses cannot assume that outsourcing promotional activity removes their responsibility for misleading representations.

The boardroom's responsibility

The ASX Corporate Governance Principles and Recommendations emphasise the oversight of material business risks and the importance of effective risk management frameworks.

Influencer exposure should be considered within those frameworks where its potential consequences are material.

This does not mean directors must approve every promotional agreement.

It means organisations should establish proportionate controls before entrusting external personalities with commercially significant brand relationships.

From an investigative perspective, three questions deserve particular attention.

First, is the influencer commercially valuable, and is that value supported by credible evidence rather than inflated audience statistics?

Second, has the organisation examined relevant public conduct, regulatory findings, conflicts of interest, previous commercial relationships and potential warning indicators?

Third, can the corporation terminate the relationship without disproportionate financial, operational or reputational damage?

Appropriate due diligence must remain lawful, proportionate and respectful of privacy. Allegations must be distinguished from established findings.

Contracts should include clear disclosure obligations, conduct standards, content approval procedures and appropriate termination rights.

But a contractual exit is not necessarily a commercial escape.

Influence is valuable. Trust is priceless.

Influencers are not inherently irresponsible. Many deliver genuine commercial value, specialist knowledge and meaningful consumer relationships.

The problem is neither their existence nor the growing number competing for attention.

The problem arises when corporations mistake online popularity for verified credibility and allow marketing enthusiasm to outrun risk management.

Due diligence cannot predict every future controversy. It can, however, identify warning signs, expose conflicts and help organisations understand the risks they are accepting.

In an economy flooded with influencers, corporate boards must become more selective, not simply more enthusiastic.

An influencer may lose followers after a scandal. 

A corporation can lose something far more difficult to recover public trust.

If a company requires due diligence before appointing a senior executive, why would it entrust its reputation to an influencer without the same consideration?

References:
  • Australian Competition and Consumer Commission (ACCC), 2023. Scrutiny of influencers and businesses for misleading advertising and online reviews continues. https://www.accc.gov.au/media-release/scrutiny-of-influencers-and-businesses-for-misleading-advertising-and-online-reviews-continues
  • Australian Securities Exchange (ASX), 2019. Corporate Governance Principles and Recommendations, Fourth Edition. https://www.asx.com.au/about/regulation/corporate-governance-principles-and-recommendations
  • Australian Competition and Consumer Commission (ACCC). Social media promotions: Advertising and disclosure obligations. https://www.accc.gov.au/business/advertising-and-promotions/social-media-promotions
  • U.S. Securities and Exchange Commission (SEC), 2018. Two Celebrities Charged With Unlawfully Touting Coin Offerings. https://www.sec.gov/newsroom/press-releases/2018-268
  • Reuters, 14 January 2026. Italian judge acquits influencer Chiara Ferragni over charity fraud claims. https://www.reuters.com/world/italian-judge-acquits-influencer-chiara-ferragni-over-charity-fraud-claims-2026-01-14/
  • Italian Competition Authority (AGCM), 2023. Chiara Ferragni and Balocco: Regulatory findings concerning misleading charitable promotions. https://en.agcm.it/
  • This post was written by Mario Bekes

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