Virtual Influencers in Hong Kong

“Social Media” – all social media on the internet such as Facebook, Twitter and Instagram.

Key Opinion Leader (“KOL”)

“Virtual Influencer” – a virtual human form avatar depiction of and representing the human influencer person in exclusively digital art form.

“The Metaverse” – the virtual world accessed through the receiver goggles establishing an entirely artificial world for limitless development and exposure.

“CGI” – computer-generated imagery to create the virtual influencers looking and acting like real people but in reality are only digital images with a curated online presence.  CGI influencers are very attractive to brands because they display a 24/7 charm and benignly persuasive behaviour and are neutral, reliably healthy, non-human and immune from personality defects and free from reputational scandals with potential negative knock-on consequences for brands sensitive to their market outreach reaction.

************

In Hong Kong today in 2022 Influencer marketing is very strong.  Individual consumers of any particular product and having a presence on any or all social outlets such as Facebook, Twitter and Instagram are able through persistent spamming to create and establish a Key Opinion Leader online presence for themselves stoutly   gathering the following which becomes most attractive to brands which become aware of the power of the Influencer concerned and engage him or her for direct marketing approaches.  This is no less real in Hong Kong than in any other territory or country in the world and with the enormous potential available through the Metaverse has become a real and powerful force of persuasive following for any brand engaging the social Influencer.  Such engagement comes at a cost so that the social influencer remuneration becomes more and more significant such as to represent a not insignificant proportion of the advertising spend of the brand concerned.

Now, the traditional personal Influencer identity is rapidly being subsumed by a Virtual Influencer identity behind which the usually human creator of the Virtual Influencer delves into creative extension of personality and activity not possible for the human actor behind the Influencer outreach.  The result in Hong Kong and in Asia is a scramble of creative activity by brands seeking to set up their whole Virtual Influencers and that Influencer’s virtual avatar as opposed to utilizing the services of a real life Influencer.  Because the Virtual Influencer or virtual avatar market does not get tired, is always smiling and is an always persuasive front for the credible human behind the scenes it has become very strong and is growing largely through the imaginative free rein available to the human Influencer concerned. 

However, in the result and with the often enormous revenues garnered by the real time Influencer behind the social avatar there is a marketing responsibility and there is discussion in Hong Kong about the fact that the sponsored advertising market established by Computer Generated Identity should be visited with at least a minimum control upon misinformation and misrepresentation which could lead to damaging consequences from deception. 

At the moment there is much discussion both in Hong Kong and in many territories around the world about the desirability of firstly identifying and secondly seeking to control at least the possibility of irresponsible or greater liability for the human being behind the Virtual Influencer activity and this clearly very fast growing space needs to be watched.  However, depending upon the actual content it is possible that the false trade description sanctions under the Trade Descriptions Ordinance may be invoked.  There is also talk that Hong Kong should legislate a possible sister statute to the Singapore Protection from Online Falsehoods and Manipulation Act although this Act is not without its own controversy in Singapore and a Hong Kong equivalent might be seen as nanny state excess.