As of: February 24, 2024, 8:47 p.m
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Press
Split
An influencer receives a fine of 9,500 euros for unlabeled advertising on Instagram, according to the Stuttgart Higher Regional Court.
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 was fined €9,500 after it was discovered that she was advertising various products on her Instagram channel without properly labeling them as advertising.
An influencer receives a fine of 9,500 euros for unlabeled advertising on Instagram, according to the Stuttgart Higher Regional Court.
© Imago Sportfotodienst GmbH
The importance of labeling advertising
According to a 2021 ruling by the Federal Court of Justice, influencers are not obliged to mark every product or service presented as advertising.
However, as soon as there is a consideration from a company 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 content is sponsored or motivated by advertising.
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 number of 400,000 followers on Instagram, was warned by the State Office for Communications due to 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 the present case.
According to
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 emphasizes the need for strict compliance with the legal regulations regarding advertising labeling in social networks.
It serves as a serious reminder to influencers, companies and all actors who publish promotional content online to follow legal guidelines to avoid similar penalties.
This case highlights the importance of transparency and honest communication with audiences.
The current court ruling sends 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 in order to maintain consumer trust.
This case shows that violations of these principles can not only damage one's personal reputation, but can also result in significant financial consequences.
According to the latest findings from the 2024 Influencer Marketing Report, Instagram is the strongest platform for influencer marketing.