Pamela is Ripe for a lot of young people to be a Star on Instagram. But rather than feeding its more than four million Followers with photos of the latest fashion or Fitness tips, she sits on this cold Thursday in the district court of Karlsruhe and is defending itself against the allegation of surreptitious advertising. The 22-year-old Karlsruherin takes the clear position that the only advertising is what you’ll get the money. Everything else, you don’t need to draw accordingly. The Association of Social competition, based in Berlin, sees it differently and obtained an injunction, which is now before the chamber for commercial matters has been negotiated.
Instagram is not an innocent Medium more
The presiding judge said that the Instagram appearance is a well-known Person, how Mature is between business and private. This is similar to the Chancellor, who could not make to the marketplace and say something, in order to emphasize afterwards, it was private. “Anyone who decides to earn with Instagram money, is deprived of the opportunity to be there for private on-the-go,” said the judge. Instagram is not an innocent Medium, there are billions of sales would be made. However, Influencer (opinion makers) should draw the consequence, in the future, everything you publish, as an advertisement. A decision on the 21. March.
Ripe is the only Influencerin, which is because of possibly a lack of Advertising markings to court is not. In Munich, a corresponding civil process begins with the participation of Cathy Hummel in February. The Berlin court of appeal ruled in the case of the Influencerin Vreni Frost, that Links to the instagram pages must be marked as advertising, unless the Posts were constitutionally protected editorial.
principle of judgment is missing
Probably will deal soon, the Federal court of justice with the question of advertising in social media. A principle lacks the judgment to this issue. In 2014, the judges in Karlsruhe had ruled, however, in the case of a print medium, the additional “sponsored by” is not a substitute for the identification of an advertisement as “advertisement”.
Influencer can literally with influencers translated. In fact, there are people in social media such as Instagram, Facebook, or Youtube, there are a large number of friends or followers, and certain issues of opinion leadership and exemplary function.
On Instagram, Cathy Hummels, Sophia Thomalla, the celebrity women fight back against advertising requirements
the basis of the injunctions of the law against unfair competition. In Paragraph 5a, in paragraph 6 it is said: “Unfair, who the commercial purpose of a business action are not indicated, unless this results directly from the circumstances, and not make it recognizable is suitable to allow the consumer to take a transactional decision that he would not have taken otherwise.”
Lisa and Lena have with Instagram ahead of
Ripe is not now belongs to the top group of Influencers in Germany, but the highest amounts of followers in Instagram. Among the front-runners of the football world champion Toni Kroos, with more than 20 million followers, and Bastian Schweinsteiger, who comes on more than 9 million. Under the influencer of the interior, Stuttgart’s twins, Lisa and Lena in Germany, with more than 14 million followers, ahead of the game.