If a picture caption in Instagram for a lot longer than the pictures above, then you know: Here is someone is upset. Fiona Erdmann, who participated some years ago in “Germany’s Next top model” and “Fitness Influencerin” works, writes recently in a very long captions. She’s upset, maybe a little bit about yourself: Because you has not featured advertising on Instagram.

you have been warned by the Association of social competition (VSW), which specializes in “Influencer” and your advertising to keep track of activities exactly. Cathy Hummels has already made acquaintance with the Association, the fashion bloggers Farina Opoku and Vreni Frost are on his Radar. Some of them pay the penalties, others will make their Anger about it in public – so as Fiona Erdmann, writes in one of her long captions, the Association wants to make “money. As much as possible.“

Erdmann, for example, is to pay 6000 euros, because it has highlighted a photo of a fitness Studio, the brand of the leggings she’s wearing and the photographer of the image, without having to write the word “advertising”. They argued that there was no advertising: you’ve got no money, call in the Rest of often the brands she is wearing, and see it as a Service for their Fans. After all, the following questions frequently, which products are using your favorite“Influencers“. The VSW is not argued (a question remained unanswered), but has been given elsewhere to the Protocol, one is interested in a “clarification of open legal questions”.

This may sound in the ears of some of the “Influencer” to be cynical, but this is long overdue: It must finally be determined, which falls on Instagram under advertising. It is advertising when a product is recommended? Or it counts only then, when money is gone? In “Influencers” simply everything advertising? After all, you are earning your living by and with Instagram and advertise so, but somehow always, whether for brands or just for yourself.

The German Council for Public Relations (DRPR) takes just attempt to offer some guidance. In a new Directive (found here), it is determined that the sender is advertising a (-) message must always be clearly visible. “The identification should be done about the indication of source. The in Instagram in the caption,“ explains Uwe Kohrs, Chairman of the Association of the DRPR, on request. Therefore, it is not enough to tag another Account, as Erdmann in the disputed Post has done.

Also, gifts are “contributions”

the DRPR speaks Also for advertising will be marked with the word “advertisement”, the English “Ad” be in “appropriate environments” but also clear and understandable, adds Kohrs. Exciting is that the Council use for the marking of gifts and PR Samples. Something that is not, or hardly addressing many of the “Influencer” so far. However, according to Kohrs, there is also a “donation”. 

Final clarity brings the for Erdmann, and others. “100 percent legal certainty, there is not, unfortunately, here. The DRPR is a voluntary body of self-control in the industry, thus, no legal authority,“ says Kohrs. Nevertheless, the Directive was reviewed in law and “thus, a good base to protect against warnings.”

More and more “Influencers”-cases end up in court. Cathy Hummels scored in their method a partial success. A judge at the Munich regional court in Hummel’s Job holds for “unnecessary as a goiter”, she argues, however, that So long as no one has been paid for, there is no advertising. The Berlin and the osnabrück country court saw differently, according to their Judgments, it is quite of advertising, when products to be priced in, regardless of whether it is only to personal recommendations. It is crucial in such cases, whether it be a private or a professional Instagram Account. Also, Erdmann’s case is currently the subject of negotiations, in November, it could give a judgment.

That new obscurities, is also on Instagram and his numerous, confusing functions. So you can’t identify in a Instagram Story in a post as “Paid partnership”, in the case of a normal post in the Feed but. In addition, the contract conditions are possible: You can link next to the place where you have a photo taken, friends and brands. The caption offers space for all sorts of Hashtags and sources, and content information. There are many ways to draw something.

What is the correct? Not cleared. For “Influencers” who have no desire to warnings or litigation, applies to: Better times, in the “display” below. Also, if you do not consider it a.

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