In a dispute over the labelling on Instagram has won the Influencerin Vreni Frost is a part of success. In its appeal to an injunction, the 5 decided. The Senate of the Berlin court of appeal on Wednesday that this will be repealed in one of three cases. In the case of the links in a earlier by the Association of Social competition (VSW) warned party contribution it is not, therefore, to surreptitious advertising. The reasoning of the decision is still pending, the presiding judge stated at the hearing on Tuesday, the points on which it matters most to him.
Differently than before the regional court of Berlin and the VSW, he is not of the view that every Link, the Influencer, is advertising. Here you “could just go with the Scythe.” He rejected the view of the VSW that frost’s Account with more than 56,000 followers, “come as private hence” and the commercial intentions of the user are not immediately recognizable. Instead, one must examine each case individually.
in the Post, a reference to the Link?
One of the offending Posts may fall, therefore, under the editorial freedom, to the Frost and your lawyer Sebastian Gorski claim. On the corresponding photo Frost had linked to the brand of a jumper she is wearing. The sweater she had bought, according to their own information. You presented the receipt and was assured on oath that the linked company is in no shape to cooperate.In two other cases, the judge, the editorial context was missing a Link. So it could be for the user, why Frost have linked a shampoo manufacturer on the photo visible air balloons. As the Influencerin said, did you get the balloons at an event for the company and it is, therefore, linked. She had been there while before, as a speaker, it has, however, been no agreement for a relevant Post. According to the judge, Frost should have the connection for an editorial context, however, the Link is likely to draw the particular interest of the user, and to induce you to click. “Therefore, I would not have written too much about the company, but too little,” said Frost in surprise.
Overall, she was satisfied with the course of the negotiation. With the individual assessment you’ve already achieved a lot, said her lawyer Gorski.
specialist lawyer Martin Gerecke, of the law firm CMS in Hamburg evaluates the decision as a “good sign” for Influencer. “We have to wait and see the reasons for Judgment. But if it comes to that, then that would be a Link from the brands with which no cooperation, but to which the Post exclusively for editorial reference, not advertising, and not to draw.“ The note of the Senate, that the left can be without any reference in the Post, however, for the purpose of advertising, not be dismissed out of Hand. Gerecke welcomed it, that not everything that should be Influencers, such as Frost items, advertising.
against Cathy Hummels runs a method
The first decision against Frost and other warnings had led to great uncertainty with regard to the promotional labeling on Instagram. Even digital Minister Dorothee Bär is concerned with the topic. Many Influencers have moved in the meantime to each Post as an advertisement. The state media authorities criticise, therefore, the definition of Advertising would be diluted in this way. In the sense of the broadcast state contract, a promotional label with the self-purchased products, it was not necessary.