The Berlin-based Association of Social competition against possible subliminal advertising from Influencers. Against Instagram-celebrity Pamela Mature he has obtained in three cases, injunctive relief. The dispute before the regional court of Karlsruhe has Mature to be lost now. You may not link the brands to their photos, without the contributions marked as advertisements. the
Pamela Mature celebrities in Instagram is one of the German famous. In the social media, the 22-year-old Karlsruherin has more than four million Followers. With photos and Videos, you can these to your life, Fitness and nutrition advice, and presented their Outfits. In order to earn your money, it is a so-called Influencerin. However, where the creep begins with the work of Influencers advertising? This question currently has several courts in Germany. The Association of Social competition (VSW) goes against the Instagram sizes. Ripe has now lost a case before the regional court in Karlsruhe.
you can put on your photos, no so-called Tags to brand manufacturers, without this marked as advertisements, decided by the judge. In three cases, the VSW had obtained an injunction against the 22-Year-old.
Commercial purpose
During the trial in January had rejected Pamela Mature the allegation of surreptitious advertising. From their perspective, it was only to advertising, if you get paid for the presentation of the clothes. Appropriate advertising agreements you signed, were you at that time. The presiding judge had held, the Instagram presence of such a well-known Person between business and private. “Anyone who decides to earn with Instagram money, is deprived of the opportunity to be there for private on-the-go,” he said.
On Thursday he reiterated that the commercial purpose is always aware to make. Especially the mostly young people who belong to ice followers are easily influenced and need to be protected. The court ruled that ice action as a breach of competition law. Your posted photos aroused the interest of the carried-out clothes and accessories. “By which users can reach by just two clicks on the manufacturer page, Image and paragraph of the respective manufacturer sponsored”, tells the court.
ice lawyer announced to go to the next instance before the higher regional court. Because it was one of the first decisions in such a main thing, could leave the matter up to the Federal court of justice, in order to clarify open questions, the judge said.
in addition to Mature, and other Influencers are involved, because of possibly a lack of Advertising labels in legal disputes. The Association of Social competition has to be pronounced according to its own figures for 2017 individual warnings, together in the low double-digit range. In Munich, for example, at the end of April, it is expected a decision in a procedure with the participation of Cathy Hummels.
another principle is missing from a judgment of the Supreme court on the subject. In 2014, the Karlsruhe judges had decided in the case of a print medium, the additional “sponsored by” is not a substitute for the identification of an advertisement as a “display”.
