“Advertising” Decision from the German Court Against Phenomena

It was decided by the German court to specify the conditions under which the products suggested by social media phenomena are advertisements. According to the decision, an advertisement tag should be placed on posts that are a source of income for the phenomenon or that are clearly understood to be advertisements.

Along with the change and development of technology, the internet, and therefore social media, there have been unusual changes in some related fields. One of these areas was undoubtedly advertising. The advertisements that we used to see years ago only on the radios, on the billboards, and later on the televisions are now including social media always in front of us.

After starting to use social media, there are users who become phenomenal with a spontaneous process, as well as users who are especially phenomenal because it is an income tool. Products they use or discover via social media The influencers and influencers who share with their followers are an important advertising door for companies.

Not every product recommendation needs to have an ad tag

Germany has important decisions regarding social media. One of these decisions is for social media phenomena. In the decision of the German court, the products suggested by the phenomena on social media under what conditions the boundary of what needs to be specified has been drawn. According to the decision, if the shared product has a return to the phenomenon or if it is clearly understood that it is an advertisement, it must put an advertising tag on the post.


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Accordingly, phenomena will be able to tag the brand of the product in the photos they share on Instagram and direct them to the product’s Instagram account. In the decision, it was stated that there is no obligation to mark social media content containing product suggestions, images and tags as advertisements. It was stipulated that the tags in question should not direct users to companies’ websites or directly to the link of the product.

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