Wesam Idris AL-Hobabseh
This study examines the effectiveness of civil protection mechanisms against misleading advertisements disseminated through social media influencers, adopting comparative analytical approach between the Jordanian and French legal frameworks. It argues that influencer marketing, as a technologically driven and psychologically mediated practice, has fundamentally challenged traditional doctrines of advertising, contractual consent, and civil liability by exploiting virtual trust and para-social relationships.The research demonstrates that contemporary influencer practices particularly covert advertising, the use of visual filters, and artificial intelligence tools generate significant risks of consumer deception, leading to defects in consent and structural imbalances in contractual relations. It critically evaluates the adequacy of the Jordanian legal system, including the Civil Code, Consumer Protection Law No. (7) Of 2017, and Cybercrime Law No. (17) Of 2023, revealing key deficiencies such as the absence of a clear legal definition of influencers, the rigidity of evidentiary rules, and the lack of procedural mechanisms suited to the digital environment.In contrast, the study highlights the proactive nature of the French regulatory model, particularly the Commercial Influencer Law of 2023 and the European Digital Services Act (DSA), which establish strict transparency obligations, mandatory disclosure requirements, formalized contractual frameworks, and statutory joint liability among influencers, advertisers, and platforms. The analysis further explores the adaptation of civil liability elements fault, damage, and causation within the digital context, emphasizing the growing reliance on evidentiary presumptions to alleviate the burden of proof.The study concludes that the Jordanian legal framework requires comprehensive reform to address the realities of digital markets. It recommends the adoption of specialized legislation, enhanced transparency obligations, presumptive liability rules, platform accountability mechanisms, and procedural modernization to ensure effective consumer protection and restore contractual equilibrium in cyberspace.