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FAQ: when is an Instagram photo advertising?

About Instagram to reach Influencers many people - which makes them interesting for the advertising industry. But when posts are advertising? Thus, the courts t

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FAQ: when is an Instagram photo advertising?

About Instagram to reach Influencers many people - which makes them interesting for the advertising industry. But when posts are advertising? Thus, the courts that deal currently.

expand All What are Influencers?

Influencers are users on social networks such as Instagram, which it with your account manage to gather many Followers and generate reach. In the case of your Fans, you are considered to be particularly authentic and credible.

product recommendations from Influencers feel - so it's to say Instagram-users - such as tips from friends, and not as advertising. By this effect the company benefit and work with Influencers. Then it is called Influencer Marketing. The account behind this is: anyone Who is interested, for example, for Fitness, follow profiles on which it comes to Fitness. And, in the ideal case, the fitness products to buy, which will be presented.

How Instagram works?

On Instagram can users post photos and Videos, usually together with a description or a comment. To use the program appropriately, the result is a mosaic of images, with which you can share it with the world. In the ideal case, as many of the other Instagram decide to follow other users, to be Followers. These Followers will then get all the photos to upload, in your photo-history displayed. You can evaluate the positive and make comments. At Instagram more than a billion people are logged on.

What legal framework conditions apply for advertising on Instagram?

in Accordance with the law against unfair competition (UWG) is unfair, who makes the commercial purpose of a business action. The tele media act (TMG) and Rundfunkstaatsvertrag (RStV) contain similar requirements, which can be on Instagram applicable.

In plain text, this means: Who does advertising, must sign this advertising also as advertising. Besides, the unfair competition act, the commercial purpose arises directly from the circumstances. Measure of the "average informed, the General Public is". If so, virtually everyone recognizes immediately that something is advertising, is, exceptionally, unnecessary. In the case of Instagram, the distinction between advertising and non-advertising contributions for the user but is often difficult.

what time is to be characterized Instagram posts as advertising?

This is not yet finally clarified. The phenomenon of Influencer advertising on Instagram has the courts for a relatively short time.

Since the spring of 2018, a warning is rolling wave: A competition in Association with seat in Berlin is not, or not order has prosecuted numerous Influencer because according to the advertising featured posts. Meanwhile, there are first judgments. "Under the previous case law it can be, for example, to be labelled, if an Influencer via his Feed posts a photo and in the photo itself or in the caption with a Hashtag, a Tag, or Hyperlink the company or the brand linked," explains Christina-Maria Leeb, PhD student at the University of Passau, which deals intensively with the topic. By requiring labeling advertising from going to the courts in such cases, if the Influencer for his contribution receives a counter-performance, for example in the Form of money or Free products.

The Association of Social competition, had obtained against Instagram-Star Pamela Mature before the regional court of Hamburg, injunctive relief, because they had not featured product ads on your Instagram Account with more than four million followers.

What if Influencers are not paid for their contributions?

So it was in the case of a Influencerin from Berlin, at that time 50.000 followers. You had been presented in three contributions, products and the photos on the left on the Instagram account of the manufacturer. However, they had not received the products for free, but bought. Also for your Postings, you had to get nothing in return. Nevertheless, the advertising, the court ruled in the first instance, and banning the Posts because they were not referred to as advertising.

In the second instance was the opinion of the judges, contributions of Influencers, which contain Links to websites of the product providers, are not generally subject to classification, but to examine in each individual case on its contents. A labelling obligation exists, if the Posts were to promote the sales of Goods of the linked company.

Purely editorial Posts that solely or primarily of Information and opinion-formation of the Followers were not to be labelled.

Instagram-posts marked?

it is Crucial that the commercial purpose of the contribution is recognizable at first glance. "A General note 'Account includes advertising' at the top of the Instagram profile in the personal biography is not enough," says Leeb. "Rather, it is necessary for every promotional post manually as advertising to identify - whether on the image itself or at the beginning of the accompanying text."

the terms of advertising or display. For easier retrieval of the best with a Hashtag (#), in square brackets, with an asterisk (*) in capital letters or a different Font than the rest of the Text. The English words #ad or #sponsoredby plus brand name by far were the courts, at least in the midst of hashtag clouds. Therefore, one should use German terms.

to prevent warnings against users that has Instagram for the Influencer created in the meantime, the possibility of "paid to the partnerships" on the respective picture to view. Whether that meets the legal requirements, has not yet been clarified in court. the

Atlas |Germany |Karlsruhe

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