Social media influencers, who promote products for a fee, must label such content as advertising, Germany’s top court has ruled. Those who are not paid and are not too blunt in their praise may do without such labels.
Germany’s Federal Court of Justice reached the landmark ruling on social media advertising on Thursday. The decision, which was portrayed in some German media as a win for social media savvy celebrities and other influencers, allows content-creators to forgo advertising labels even if they tag companies in their posts as long as these are not “excessively promotional” or made on a quid-pro-quo basis.
“The mere fact that pictures on which the product is depicted are provided with tap tags is not sufficient for the assumption of advertising excess,” the court said, noting, however, that if a post directly links to the website of a product manufacturer the content must still be labelled as advertising.
The top court’s ruling stems from three cases against Instagram influencers, heard earlier by lower German courts. The Court of Justice has, in principle, agreed with the rulings in cases against the bloggers, filed by Berlin-based Association of Social Competition (VSW).
Two of the cases flopped and were dismissed after it was established that bloggers targeted by VSW had not received anything of material value from the companies they promoted. The third blogger, fitness Instagrammer Luisa-Maxime Huss, however, was found in violation of competition rules as it turned out she had been paid to promote raspberry jam on her social media feed.
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source: RT
Împotriva articolelor redacției noastre, persoanele nemulțumite pot formula Contestație în termen de 10 zile de la publicarea articolului, la judecătoria Orășenească nr. 1 München Bayern Deutschland, in conformitate cu Legea federală Germană. Considerăm că nu se pot formula acțiuni la instanțele din România deoarece nici o persoană care activează în trustul nostru nu poate fi extrasă de sub jurisdicția federală germană. Considerăm că redacția noastră nu răspunde în fața autorităților din România ci doar celor federale sau civile germane. deoarece legea română nu are efecte de extraneitate asupra redacției chiar dacă subiectul știrilor face obiectul unor evenimente sau persoane din România și sunt scrise în limba română. Limba română nu este izvor de extraneitate a legii.
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