What must be labelled as advertising in influencer marketing within the German market? The separation and labelling of advertising is regulated in the Telemedia Act (TMG) and the Interstate Broadcasting Treaty (RStV). Supervision lies with the state media authorities and also includes websites and social media. The competent authority is always the media authority in whose federal state the operator of the Internet service is based.
Basic training in journalism includes knowledge transfer in this field. However, newcomers to the site, such as influencers and bloggers, have to make sure that they inform themselves – because ignorance does not protect them from sanctions.
Many Influencer or Blogger will surprise, how strictly the rules are for advertising marking
For example, the guide says:
The mention or presentation of products, brands, services, companies, regions, events, travel etc. based on an agreement/cooperation is always advertising. It is irrelevant whether the mention or representation is against
or a similar consideration. A consideration (monetary advantage) also consists, for example, in the assumption of travel expenses or invitations to events.
The new guidelines of the State Media Authorities provide information on the legal situation.
The advertising labeling matrix for all relevant social networks
… such as YouTube, Instagram, Facebook, Twitter and blogs provide valuable clues. The matrix makes it clear whether the respective offer requires labelling and how this is to be carried out. In addition to the matrix, there are explanations that specify and explain terms and delimitation cases.
The media companies check compliance with legal regulations and can initiate supervisory proceedings and impose fines in the event of violations. The regulations result primarily from the Interstate Broadcasting Treaty, which is itself strongly influenced by European law, in particular the Audiovisual Media Services Directive (AVMD Directive).
How must advertising content be labelled in the web and social media?
The labelling matrix can be downloaded from the German media authorities.