What do I need to consider when I advertise on my Instagram account?
January 21, 2022 | 50,00 EUR | answered by Edith Fischer
Dear Media Law Attorney,
my name is Martina Krause and I run an Instagram account where I regularly post content on various topics. Lately, I have been considering running advertisements on my account to earn some money. However, I am unsure about what I need to consider to avoid any legal issues.
The current situation is as follows: My Instagram account has a steadily growing number of followers and I have already received inquiries from companies interested in collaborating. While I have already published some posts recommending products or services, I have not yet run any paid advertisements.
My concerns are that I may potentially be violating laws or guidelines if I run advertisements on my account. I want to ensure that I do everything correctly and do not have to worry about receiving warnings or facing legal consequences.
My question to you is: What legal aspects do I need to consider when running advertisements on my Instagram account? Are there specific labeling obligations that I need to adhere to? How can I ensure that my advertisements are transparent and legal?
Thank you in advance for your help and guidance.
Sincerely,
Martina Krause
Dear Ms. Krause,
Thank you for your inquiry regarding advertising on your Instagram account. It is understandable that you are concerned about potential legal issues and want to ensure that you comply with all necessary guidelines and laws. Below, I will explain the key legal aspects that you should consider when running advertisements on your account.
First and foremost, it is important to know that advertising on social media platforms like Instagram is subject to legal requirements. This means that as an influencer, you must adhere to certain rules to ensure transparency and fairness towards your followers. One of the most important regulations is the clear labeling of advertisements. This means that you must label every post that was created as part of a paid collaboration or as a sponsored post as advertising. This can be done, for example, through the hashtags #ad, #sponsored, or #advertisement. The labeling must be clearly visible and unambiguous so that your followers can recognize that it is a paid collaboration.
Furthermore, it is important that you remain honest and authentic in your advertising posts. You must not make false or misleading statements and should always clarify if you have been compensated for promoting a product or service. Additionally, you should ensure that your advertising posts comply with legal requirements regarding youth protection, health protection, and consumer protection.
To ensure that your advertising is transparent and legal, I recommend familiarizing yourself with the relevant laws and guidelines in advance. Additionally, you should clearly define in your cooperation agreements with companies what obligations you have as an influencer and how the advertising should be labeled. If in doubt, you can also seek advice from a media law attorney who can provide comprehensive guidance.
Lastly, I advise you to always act in the best interest of your followers and your own credibility and to comply with legal requirements. Only then can you ensure that your advertising is legal and transparent, and you do not have to fear legal consequences.
I hope this information was helpful to you. If you have any further questions, I am at your disposal.
Sincerely,
Edith Fischer, Media Law Attorney
