In today’s influencer-driven economy, virality can make or break a brand overnight. While many public relations (PR) firms focus on securing positive press and building brand loyalty, the reality is that influencers sometimes go viral for all the wrong reasons: offensive remarks, misleading sponsorships, or even alleged criminal conduct. When that happens, PR firms are often the first line of defense. But reputation management is no longer just a matter of spinning the narrative. Legal risks loom large, and PR professionals must understand how to work in tandem with attorneys to protect both the influencer and the brands they represent.
Contractual Obligations
The first step in any crisis is to review the influencer’s contractual obligations. Many brand deals include morals clauses that allow termination if the influencer engages in conduct that harms the brand’s reputation. Exclusivity and non-disparagement provisions may further complicate matters, and payment obligations tied to campaign milestones can determine whether the influencer will still be paid if a partnership dissolves. A careful review of the underlying agreements is essential before any public response is made, because contracts will often dictate what rights and remedies are available.
Defamation and False Light
Defamation and false light issues surface quickly in these situations. Influencers often want to “set the record straight,” but rebuttals accusing critics or outlets of lying can expose them to defamation claims. Even statements that are not technically defamatory may still create liability if they portray others in a misleading way. This is why collaboration with legal counsel before releasing public statements is crucial. Precision in messaging matters far more than speed, and an ill-considered statement can worsen the problem rather than resolve it.
Endorsement and Advertising Compliance
At the same time, endorsement and advertising compliance cannot be overlooked. The Federal Trade Commission has made clear that sponsorship disclosures are mandatory, and scandals often shine a spotlight on past content that may not have complied with disclosure requirements. PR firms must ensure that social media posts contain clear disclosures, that exaggerated product claims are corrected, and that older content is reviewed for compliance. A viral controversy often invites scrutiny not just of the present moment but of the influencer’s entire digital history.
Intellectual Property
Intellectual property concerns frequently arise when memes or critical videos spread across the internet. While influencers and brands may want to remove damaging content, legal protections are limited. Copyright takedowns are available only for original works and are often countered by claims of fair use, especially when the content is critical commentary. Trademark misuse may provide some avenues for enforcement if logos or branding are used in ways that imply false endorsement, but overzealous takedown efforts can easily backfire and worsen public backlash. The PR strategy must balance legal rights with reputational consequences.
Employment and Agency Issues
The structure of an influencer’s business also deserves attention. Many influencers work as independent contractors, yet they often manage assistants, agents, or other team members. A PR firm that directly manages communications could potentially share in legal exposure, and employment law issues, such as wage disputes or misclassification, can come to light during a public scandal. Understanding these dynamics before a crisis hits helps prevent secondary liabilities from surfacing unexpectedly.
Privacy and Data Protection
Privacy and data protection are further concerns when controversies unfold. In the age of online scrutiny, journalists, fans, and critics may attempt to unearth private details about an influencer’s personal life. Doxxing, in which private information such as home addresses or phone numbers is shared publicly, presents real safety risks. In addition, influencers running giveaways or collecting follower data must comply with privacy laws like the GDPR in Europe or the CCPA in California. In responding to a scandal, PR firms must be mindful not to inadvertently release additional private information under the guise of transparency.
Conclusion
Ultimately, the best protection is preparation. PR firms should work with attorneys to develop a crisis communication plan long before an influencer goes viral for the wrong reasons. Such a plan should ensure that all public statements undergo legal review, that documentation of decisions and contracts is carefully maintained, and that a long-term communication strategy is in place. Sometimes silence is the best option, sometimes an apology is necessary, and sometimes shifting the narrative is the only way forward. Legal input helps determine which course of action minimizes risk while protecting reputation.
When influencers go viral for the wrong reasons, PR firms cannot operate in isolation. The reputational fallout is inseparable from legal exposure. A prepared PR firm that understands how to navigate contracts, defamation pitfalls, regulatory compliance, intellectual property issues, and privacy concerns, can protect its clients while also safeguarding its own reputation. In the unpredictable world of influencer marketing, the most valuable tool a PR firm can have is a strong and proactive partnership with legal counsel. Contact Romano Law today to safeguard your clients, your firm, and your reputation before the next viral moment hits.
Contributions to this blog by Kennedy McKinney.
Photo by Daiga Ellaby on Unsplash