"Dark Partners": Transparency obligations against deception in virtual influencer marketing

The paper examines the creation of realistic and visually appealing virtual influencers that take the form of hyper-realistic characters who can be nearly impossible to distinguish from real-life influencers. Since only a few national regulators provide a duty to disclose the influencer’s real nature, consumers may falsely believe they are engaged in communications with humans. This information is valuable for consumers who are more likely to rely on recommendations from individuals with views and beliefs similar to their own. Based on Habermas’ theory of communicative action and Kantian ethics, the overall aim is to suggest that brands must be transparent and should not engage in marketing communications referring to any virtual testimonial of products because such practice would not be based upon any bona fide use, nor personal opinions, beliefs, or experiences of human fellows.