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Rugby legend Brian O'Driscoll served shock notice by watchdog over social media activity
@Source: walesonline.co.uk
Rugby icon Brian O'Driscoll has been issued a compliance notice by the Competition and Consumer Protection Commission (CCPC) for breaching consumer law in 2024. The former Leinster and Ireland star failed to make clear the commercial intent behind his social media posts.
The CCPC's compliance notice requires individuals or businesses to address any infringement, with penalties for non-compliance potentially including a fine of up to €5,000 or imprisonment.
The CCPC's 2024 Consumer Protection List, which details the agency's enforcement actions over the year, includes information on O'Driscoll's case.
According to the CCPC's summary: "Brian O'Driscoll was found to have engaged in a misleading commercial practice following an inspection of the individual's Instagram social media account, whereby there was a failure to use the appropriate labels to disclose the commercial nature of the content published, relating to Zerofit Europe apparel.
"The CCPC served a Compliance Notice on Brian O'Driscoll which took effect on 05 December 2024 directing them to do the following: To amend a prohibited commercial practice under section 55(1)(q) of the Consumer Protection Act 2007, described as follows - Using editorial content in the media to promote a product (where a trader has paid for that promotion) and it is not made clear that the promotion is a paid promotion, whether in the content itself or in any oral, written, visual or descriptive representation in the promotion.", reports the Irish Mirror.
O'Driscoll is one of Leinster and Ireland's greatest ever players and has worked in punditry since his retirement from rugby in 2014. He played 133 times for Ireland and 186 times for Leinster in a stellar career and was shortlisted for the World Rugby Player of the Year award three times.
The Dubliner has 370,000 followers on Instagram and was one of 26 influencers contacted by the CCPC in April 2024 to remind them of their legal obligations in relation to the labelling of content.
This is the first time the CCPC have taken action against social media influencers.
Chairperson of the CCPC Brian McHugh said: "Influencer marketing on social media can significantly shape consumers' opinions and purchasing behaviours so it's important that when a consumer sees commercial content on social media, they can instantly recognise it for what it is.
"Our research shows that almost a quarter of consumers who purchased a product as a result of an influencer promoting it subsequently felt misled.
"We will continue to conduct regular unannounced inspections and would remind influencers that they need to follow the law or potentially face legal consequences."
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