Are there specific rules for advertising on social media?
December 30, 2023 | 30,00 EUR | answered by Greta Kleine
Dear lawyer,
My name is Felix König and I run a small business that is active on social media platforms such as Instagram and Facebook. Lately, I have heard more and more about specific rules and laws that apply to advertising on social media. I am uncertain about the exact regulations in place and how I can ensure that my advertising is legally compliant.
Currently, I design my advertisements and posts on social media to the best of my knowledge and belief, but without having precise knowledge of the legal framework. I want to avoid violating any laws and potentially being fined. Therefore, I am concerned that I may be making mistakes unknowingly and facing legal consequences as a result.
Could you please provide me with information on the specific rules for advertising on social media? Are there specific labeling requirements that I need to adhere to? How can I ensure that my advertising complies with legal requirements?
Thank you in advance for your support and guidance.
Best regards,
Felix König
Dear Mr. King,
Thank you for your inquiry regarding the legal framework for advertising on social media. It is understandable that you are concerned about potential legal pitfalls and want to ensure that your ads and posts comply with legal requirements.
Generally, the same legal regulations apply to advertising on social media as to other forms of advertising. However, there are some specific rules and laws that need to be considered, especially when it comes to advertising on social media. One of the most important regulations is the transparency requirement, which states that advertising must be clearly identifiable as such. This means that you must label your ads and posts as advertising so that consumers are aware that they are paid or sponsored content.
To ensure that your advertising is legally compliant, please consider the following points:
1. Labeling requirement: As mentioned before, you must clearly label your ads and posts as advertising. For example, use the label "Advertisement" or "Ad".
2. Transparency: Clearly indicate if the content is sponsored or if you have been paid to promote a product or service.
3. Avoid misleading information: Your advertising must not contain false or misleading statements. Make sure that your advertising statements are truthful and not deceptive.
4. Youth protection: Note that advertising targeting children and adolescents is subject to special legal requirements. Ensure that your advertising does not contain content that is harmful or misleading to young audiences.
It is advisable to consult with a competition law attorney to ensure that your advertising complies with legal requirements. An expert can provide you with individual advice and specific recommendations on how to create legally compliant advertising.
I hope this information is helpful to you and that you now have a better understanding of the legal framework for advertising on social media. If you have any further questions or would like personal advice, please feel free to contact me.
Best regards,
Greta Kleine
Competition Law Attorney
