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Buying fake followers or fake likes to appear more popular is a misleading trade practice. The ACM is taking action against this and imposed a penalty payment order on a vlogger because he made his webshop appear more successful than it was using purchased interactions. However, for such a sanction, the ACM must be able to prove that the company purchased the fake followers itself.
We have previously written about the issues surrounding fake reviews: the ACM tracks down companies that offer fake reviews as well as their customers. The same applies if a company presents itself as more popular than it is using fake followers — these are deceptive practices.
Buying fake followers on social media
Many companies want to appear big on social media. Paid advertisements inviting real users to like a page are fine. But paying dubious companies to boost statistics with hundreds to tens of thousands of fake accounts is not.
Such providers create accounts en masse (automatically) — often with stolen or no photos — and have a script like, share, and add nonsensical comments to messages. For about 100 dollars a week, you can buy thousands of extra interactions this way.
The ACM intervenes: the Mo Bicep case
The ACM has announced it will monitor this more strictly, as it concerns misleading trade practices: consumers are misled regarding the status or reputation of a company or product.
The first sanction affected the well-known vlogger Mo Bicep, who shares sports videos on Instagram and made his online store Bicep Papa appear more popular through fake likes and fake followers. According to the ACM, approximately 27,000 likes and 98,000 followers were purchased between September 2018 and August 2020. The ACM imposed a penalty payment of 12,500 euros per week for two years if he continued to mislead consumers in this manner. The vlogger has since stopped.
Proof is crucial: not every fake follower is your fault
In this case, it could be demonstrated that Bicep Papa had purchased the likes and followers: the police provided evidence of a total of 67 payments to a provider of fake services. That evidence is necessary, because companies are by no means always responsible for their fake followers themselves and cannot simply block them.
After all, anyone can buy fake followers for someone else. It turned out that many football clubs — presumably due to fans — have a significant number of fake followers, with some clubs accounting for a large portion of the total. Therefore, a high percentage of fake followers does not automatically mean that the account itself did something wrong.
Frequently Asked Questions
Is buying fake followers illegal?
It is considered a misleading trade practice. The ACM can take action and impose sanctions, such as a penalty payment, against companies that present themselves as better than they are through purchased interactions.
Am I allowed to pay for more reach?
Yes, paid advertisements that reach real users and invite them to follow or like are allowed. Buying fake accounts and fake likes is not.
Am I liable if I unintentionally get fake followers?
Not just like that. To face a sanction, it must be proven that you purchased the fake followers yourself. After all, others can buy fake followers for your account.
Advertise honestly? Get advice
Advertising is permitted, but it must be honest. Be cautious with advertorials, comparisons , and other techniques that can mislead the consumer. The legal experts at MKB Juristen provide you with targeted advice. View our expertise in marketing and advertising law or contact us.
