Page 54 - index
P. 54
LEGISLATION
What is allowed and ‘legal’ in
Influencer Marketing?
With the increase in user numbers on social media, ad- influence for his/her photos - and "advertising" messag-
vertising effectiveness on these platforms increases sim- es – can be enormous, making them interesting for
ultaneously, opening up a new advertising channel - the brands that see a chance to spread their marketing
so-called "Influencer Marketing". However, since the messages through them to their appropriate target
Internet isn’t a right-free area, the question arises of re- group.
spective legal risks when earning money as an influenc-
er on a commercial level. Of course, the influencing pattern does not only work
with Instagram, but with all social media. For instance,
Influencer Marketing = surreptitious adver- within the video platform YouTube it is also very suc-
tising? cessful. The clips, in which Influencers introduce prod-
ucts are placed purposefully in front of videos of the
In contrast to other marketing measures, Influencer Mar- same interest areas.
keting isn’t addressing the entire market and all potential
online consumers, but a certain target group, namely the Influencers are paid for this kind of product placement,
followers of the influencer. Another, and quite significant, depending on the range of their accounts with money,
difference to conventional marketing is that advertising free products or discounts, but in the fewest cases
measures are no longer recognizable as such at first these advertising measures are marked as advertising.
sight. The question is now: Is this allowed or where does the
legal limbo begin?
The "random" placement of product names or brands
(e.g., cars, smartphones, tablets, etc.) under the slogan Legal risks when using Influencer Market-
"surreptitious advertising" is well-known, like the use of ing 2.0
"celebrities" from sports, society or cinema, as an adver-
tising medium for certain products, which are also Influencer Marketing is a relatively new phenomenon in
aligned to a defined target group through their "fan the marketing field, therefore, the legal standpoint is still
base". Hence, the use of celebrities as "brand ambassa- vague. But as in the case of many recent legal develop-
dors" can generally be regarded as the kick-start of influ- ments in the field of social media, there is not neces-
encer marketing the way it has emerged in recent years. sarily a new right to seek or create, rather first to exam-
ine whether existing legal regulations are also applica-
Instagram - as an example of modern "Influencer Mar- ble to this new development.
keting" - is one of the most popular social media plat-
forms for this form of marketing. Users can upload imag- Starting point is for sure the ‘law against unfair competi-
es, which can then be seen, commented and "liked" by tion’, which regulates the misleading behavior of adver-
other users. If a user has a lot of followers, the range of tisers, besides trademarks and copyrights infringe-
54 March 2017 - Social Media & Influencer Marketing
What is allowed and ‘legal’ in
Influencer Marketing?
With the increase in user numbers on social media, ad- influence for his/her photos - and "advertising" messag-
vertising effectiveness on these platforms increases sim- es – can be enormous, making them interesting for
ultaneously, opening up a new advertising channel - the brands that see a chance to spread their marketing
so-called "Influencer Marketing". However, since the messages through them to their appropriate target
Internet isn’t a right-free area, the question arises of re- group.
spective legal risks when earning money as an influenc-
er on a commercial level. Of course, the influencing pattern does not only work
with Instagram, but with all social media. For instance,
Influencer Marketing = surreptitious adver- within the video platform YouTube it is also very suc-
tising? cessful. The clips, in which Influencers introduce prod-
ucts are placed purposefully in front of videos of the
In contrast to other marketing measures, Influencer Mar- same interest areas.
keting isn’t addressing the entire market and all potential
online consumers, but a certain target group, namely the Influencers are paid for this kind of product placement,
followers of the influencer. Another, and quite significant, depending on the range of their accounts with money,
difference to conventional marketing is that advertising free products or discounts, but in the fewest cases
measures are no longer recognizable as such at first these advertising measures are marked as advertising.
sight. The question is now: Is this allowed or where does the
legal limbo begin?
The "random" placement of product names or brands
(e.g., cars, smartphones, tablets, etc.) under the slogan Legal risks when using Influencer Market-
"surreptitious advertising" is well-known, like the use of ing 2.0
"celebrities" from sports, society or cinema, as an adver-
tising medium for certain products, which are also Influencer Marketing is a relatively new phenomenon in
aligned to a defined target group through their "fan the marketing field, therefore, the legal standpoint is still
base". Hence, the use of celebrities as "brand ambassa- vague. But as in the case of many recent legal develop-
dors" can generally be regarded as the kick-start of influ- ments in the field of social media, there is not neces-
encer marketing the way it has emerged in recent years. sarily a new right to seek or create, rather first to exam-
ine whether existing legal regulations are also applica-
Instagram - as an example of modern "Influencer Mar- ble to this new development.
keting" - is one of the most popular social media plat-
forms for this form of marketing. Users can upload imag- Starting point is for sure the ‘law against unfair competi-
es, which can then be seen, commented and "liked" by tion’, which regulates the misleading behavior of adver-
other users. If a user has a lot of followers, the range of tisers, besides trademarks and copyrights infringe-
54 March 2017 - Social Media & Influencer Marketing
