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Social Media: German Influencers advertise wrong

Wednesday, September 6th, 2017 | Gadgets

A photo with the supposedly favorite make-up, a photo in the supposedly favorite holiday resort: Many social media stars earn money with such sponsored contributions in social networks money, without the followers sometimes notice. Such advertising must be clearly marked by these so-called "influencers", as the Supreme Court Celle has now decided in a ruling.

"Ad" is not sufficient as a label
The negotiated case involved an Instagram display for a drugstore chain marked "#ad" as an advertisement. "Ad" stands for "Advertisement", the English word for advertising. This is not sufficient, according to the court – also because the little hint was hidden only as one of six hashtags far down in the text. With this trick, the advertisers try to make their posts continue to work like normal postings.
"If there is something to advertise, I have to clearly mark it," says Martin Gerecke, a specialist for copyright and media law. The words "advertising" and "advertisement" are the most secure form. In addition, they have to be placed in a very visible position: "In Instagram, it is best to be above the picture or at the beginning of the text, but never hidden under the contribution."
Rules on Youtube sometimes even more complicated
How the rules are on other platforms does not emerge from the judgment. Since it is partly much more complicated: with Youtube, for example, the Broadcasting Treaty is decisive, explains the expert. This is why users have to characterize permanent applications or product placements as such.


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