The world of influencer marketing can be both exciting and challenging. If you're considering turning your passion for Instagraminto a source of income, it is crucial to understandthe rules and regulations, especially regarding the labeling of advertisement. In this guide, I will explain what the labeling obligationentails, which content you need to label, and how to do it correctly.
Main insights
The labeling obligation only applies when actual remuneration or intent to profit is evident. Private recommendations without intent to profit do not need to be labeled as advertising. Pay attention to clear information about advertising content that is embedded directly in the post or in videos. Ambiguities can have legal consequences, which is why it is important to take the topic seriously and act accordingly.
Step-by-step guide
Step 1: Understand the basics of advertising
Before you create content, you should be clear about the basics of the labeling obligation. What counts as advertising? Advertising is generally defined as any type of content intended to promote a sale for a product or service. This includes paid partnerships, sponsored posts, and affiliate links.
Step 2: Private recommendations vs. paid partnerships
It is important to distinguish whether you are acting as a private individual or as an influencer. If you love a product and post about it without being paid, it is not advertising. A simple example is mentioning your favorite phone without aiming for profit. In this case, you do not need to label it as advertising.
Step 3: Identify advertising in influencer content
Once you plan to collaborate with companies or brands and receive remuneration for it, you must label your posts as advertising. It is not enough to simply enjoy the partnership; viewers must also clearly recognize that this is a sponsored post.
Step 4: When is labeling necessary?
You must label advertising when it falls into the following categories:
- Paid partnerships
- Product presentations or tests, even if the product is simply provided for free
- Affiliate links
These contents require clear labeling to be legally secure.
Step 5: How do I label advertising?
The labeling should be prominently placed. Start your post with "Advertisement:", followed by the content. For stories and videos, it is important to make the advertising clearly visible, ideally at the top of the image. Avoid using the term "Ad" or "Anzeige", as this can be misinterpreted.
Step 6: Legal situation in Germany, Austria, and Switzerland
The labeling obligations may vary from country to country. It is crucial to regularly stay updated on the developments in the respective countries. While different regulations apply in Austria than in Germany, you as a Swiss citizen should also keep an eye on Swiss law. Direct links to relevant information are often helpful to stay informed.
Summary – Monetizing through Instagram: Understanding labeling obligations
In the social media landscape, compliance with labeling obligations is essential to avoid legal problems. There are clear rules about when and how advertising must be labeled. Private recommendations are usually exempt from this obligation. Stay informed about the specific regulations in your country to ensure that your activities are both legally and ethically sound.
FAQ
What is the labeling obligation for advertising?The labeling obligation states that content that represents advertising must be clearly labeled as such to ensure transparency for viewers.
Do I need to label my private recommendation as advertising?If you report on a product as a private individual without intent to profit, you do not need to label it as advertising.
Where should the labeling be placed in a post?The labeling should be placed visibly at the beginning of the post or stories and videos.
Does the advertising obligation apply to all social networks?Yes, the labeling obligation applies to all social networks, including Instagram, Facebook, and YouTube.
How often should I stay informed about changes?It is advisable to check the current regulations every three to six months or to follow recommendations from some institutions.
