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Instagram tag advertising
Court ruling decides what must be labeled as advertising
Flag Instagram advertising – at what point is something advertising? A recent court ruling answers this question. We explain this to you in the video and derive from it when a post must be marked as advertising. All this in our Instagram tutorial.
Flag Instagram advertising - At what point is it advertising?
A week ago, there was a new court ruling on this issue. The BHG ruled in this that not everything shown by influencers in pictures must also be labeled as advertising across the board. In this case, influencer Cathy Hummels was accused of sharing and tagging products without identifying an advertisement. However, the influencer had not advertised the products, but only wanted to share with your followers what the products were. She herself commented on this issue by saying:
“If I’m going to spend money on a product, which is my own money, which I’ve also paid taxes on, I want to be able to recommend that freely.” The verdict was subsequently in your favor.
The court decision
The Federal Court of Justice ruled that if an influencer does not receive money for something and there is also no exaggerated product presentation in the caption, then this does not have to be marked as advertising. Thus, not every post on Instagram in which a company or brand is tagged has to be blanket marked as an advertisement. Only if there is an “exaggerated promotional” product presentation for which a consideration has been received must it be labeled as advertising. According to the Federal Court of Justice, this is mandatory. More precisely it means:
If a product plays the main role in one of your posts, then the word advertising, commercial partnership or advertisement must appear at the beginning of the caption. However, if it plays a supporting role, then the beginning of the caption must say “Supported by product placement”. The same is true if there is a call-to-action in the caption, like “Make sure you buy this sweater.” This type of post must also be marked as advertising.
Tag Instagram ads - What is "overly promotional product presentation"?
Let’s take another look at the point of exaggerated promotional product presentation. You must be particularly careful here, because it can be assumed that you are advertising for a company or a product, even though you have no advertising relationship with them, i.e. you do not receive anything in return for your advertising. If you report extensively about a product simply because you are so enthusiastic about it or want to recommend it, you may still end up with a warning. So if you do a detailed product review, be sure to mark it as advertising, even if it’s not actually advertising. Also, make sure that when you show products for free, you don’t use promotional language or go into too much detail about the product. We hope we could avoid with this video that you will be warned sometime on Instagram.
If you want to become active yourself, we have already explained how to set up reels ads or find an influencer who fits perfectly to your company. We at eBakery are happy to take care of everything else as your social media agency. Make an appointment directly.
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