Influencer Defamation and Brand Contracts: Native Child Africa v Akinwale

Native Child Africa, a business specializing in natural haircare products, has taken legal action against Ms. Akinwale, a social media influencer with a substantial following across Instagram, TikTok, and X (formerly Twitter).

A Hairy Situation: From Brand Ambassador to Legal Adversary

Ms. Akinwale, who briefly served as a brand ambassador for Native Child Africa, found herself in a hairy situation after she initiated a series of defamatory statements and videos against the company. It is claimed she encouraged her followers to harass Native Child Africa on its social media platforms.

Influencer Allegedly Breaches Contract and Harms Brand Reputation

Dissatisfied with her performance and her failure to meet contractual targets, Ms. Akinwale allegedly retaliated by damaging the company’s reputation. Native Child Africa claims she breached her obligations and tried to extort payment through public shaming campaigns.

Despite attempts to resolve the issue privately, the influencer allegedly ignored these efforts. Native Child Africa argued that her public conduct caused significant reputational harm—forcing the company to turn to the courts.

Social Media’s Legal Reach: Court Grants Interdict

The court recognised the urgency of addressing online smear campaigns. Given the wide influence of social media, the court agreed that Native Child Africa had a prima facie right to legal protection. The influencer’s posts had targeted the company directly, resulting in substantial damage.

An interdict was granted in favour of Native Child Africa.

Influencer Agreements: Why Clear Terms and Targets Matter

This case has highlighted the importance of well-defined contractual relationships between influencers and the brands they promote. Influencers should pause before they post—harsh hashtags could end up as Exhibit A.

It’s a reminder to both parties: define performance targets and payment terms clearly, or risk reputational fallout that trends for all the wrong reasons.

Case Reference

The case is officially documented as Native Child Africa (Pty) Ltd v Akinwale (2023-125850) [2023] ZAGPPHC 2007, with the ruling delivered on 11 December 2023.

Link to case

For any questions on brand ambassador agreements, feel free to contact us.

Written by Elmariese Vermeulen (Director)