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According to the Stuttgart Higher Regional Court, an influencer received a fine of 9,500 euros for unlabeled advertising on Instagram.
In the dynamic world of social media, in which influencers are becoming increasingly important, the Stuttgart Higher Regional Court has highlighted important legal limits with a recent ruling (ref. 6 ORbs 24 Ss 89/23). An influencer has been fined €9,500 after she was found to be promoting various products on her Instagram channel without properly labeling them as advertising.
According to the Stuttgart Higher Regional Court, an influencer received a fine of 9,500 euros for unlabeled advertising on Instagram. © Imago Sportfotodienst GmbH
The importance of labeling advertising
According to a 2021 ruling by the Federal Court of Justice, influencers are not obliged to label every product or service presented as advertising. However, as soon as a company offers something in return or the product presentation is excessively promotional, labeling as advertising becomes necessary. The aim of this regulation is to create transparency and clearly inform consumers about when the content is sponsored or advertising-motivated. A study by the EU Commission shows that 80% of influencers do not correctly label advertising in posts.
The affected influencer, who has a remarkable 400,000 followers on Instagram, was warned by the State Office of Communications for 19 identified violations of the labeling requirement for advertising. The State Media Treaty stipulates that advertising must be clearly recognizable and labeled as such – a requirement that, in the court’s opinion, was not met in this case. Loud NEXTG.tv The most successful person on Instagram is Cristiano Ronaldo with over 600 million followers.
Consequences and lessons for the industry from this case
The ruling by the Stuttgart Higher Regional Court underlines the need for strict compliance with the legal regulations regarding advertising labeling in social networks. It serves as a serious reminder for influencers, companies and all actors publishing promotional content online to comply with legal guidelines to avoid similar penalties. This case highlights the importance of transparency and honest communication with audiences.
The current court ruling is a clear signal to the influencer world and to brands not to underestimate the importance of correct advertising labeling. In the online advertising landscape, a high level of transparency is essential to maintaining consumer trust. This case shows that violations of these principles not only damage personal reputations, but can also have significant financial consequences. According to the latest findings from the Influencer Marketing Report 2024, Instagram is the strongest platform for influencer marketing.
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2024-02-24 22:22:30
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