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Paid influencers must label some posts as ads, German court rules

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Re: Paid influencers must label some posts as ads, German court rules

#81
post #44

US law already requires influencers to disclose ads. (And the FTC says that US law includes foreigners whose audience is reasonably likely to include Americans) https://www.ftc.gov/tips-advice/business-center/guidance/dis...

The law is gutless. Spend like 30s on any Youtube channel.

I really wish they'd actually enforce this one.

Re: Paid influencers must label some posts as ads, German court rules

#82

Why does YouTube or Instagram tolerate sponsored content? They don't get a cut from a sponsored video or product placement, and their dominance in the advertising space means this is also cutting into their ad revenue.

Youtube and instagram still place their own ads on sponsored content. I see it as youtube and instagram saving on labor costs since the sponsored posts are paying the influencer who ultimately drives engagement to the actual first party advertisements that make these platforms their real money. Just look at what gets posted as a sponsored post vs a first party advertisement and you can see its an entirely different ballgame being played and orders of magnitude different levels of ad spend. Sponsored posts might have some weird energy drink you've never heard of with vague promises of virility or other typical snakeoil features. The first party ad on the other hand will be from coca cola.

Re: Paid influencers must label some posts as ads, German court rules

#83
post #61
post #57

Earlier quoted context omitted.

This is enormously surprising to me. I can't seem to find any links to official legal code or documents on that page (seems to be a guide for influencers). What I'm specifically interested in, is what happens when as an influencer you _don't_ disclose an ad? Are there fines? Is it a series of "stern warnings", akin to the Comcast emails you'd get for pirating big Hollywood studio movies from public trackers on a home…

>What I'm specifically interested in, is what happens when as an influencer you _don't_ disclose an ad? Are there fines? Of course, not everyone is caught and punished but if you're big enough to attract the scrutiny of the FTC, they do issue fines for not disclosing ad sponsorship. Example: https://www.marketingdive.com/news/ftc-fines-detox-tea-compa...

Thanks for link! In that case, fined the company, but not the influencers?

I mean, it makes sense, the influencers are small potatos in many cases just hustling to get by.

But... the company probably just takes the risk as a potential cost of doing business (especially when enforcement is so rare; in this case they were fined $1 million which isn't peanuts, but I wonder what % of their profits it was...), and the influencer has no incentive to worry about it at all unless the company paying them tells them to.

Re: Paid influencers must label some posts as ads, German court rules

#84
post #44

US law already requires influencers to disclose ads. (And the FTC says that US law includes foreigners whose audience is reasonably likely to include Americans) https://www.ftc.gov/tips-advice/business-center/guidance/dis...

How exactly do they go about enforcing this?

Two recent possibilities:

Steve Harvey randomly changing his twitter icon to an nft: https://twitter.com/IAmSteveHarvey

-Seems somewhat likely to me somebody paid him to do this in order to pump the NFT release

Steph Curry tweeting about crypto advice and then the next day announcing he's been hired as a 'brand ambassador' for FTX: https://twitter.com/StephenCurry30/status/143504771695066726...

- Obviously was all set up as a marketing reveal

Re: Paid influencers must label some posts as ads, German court rules

#85

Earlier quoted context omitted.

And make money how? Creators are dependent on platforms to get and monetize attention. People aren't going to stop using Instagram and YouTube because a few superstars only post content on TikTok.

Even moderately successful YouTubers rely on sponsorship and because there's competition for creators between platforms it would take illegal coordination to present a united front and ban it

Right... Like how Google and Apple and Steam and Microsoft and Playstation compete on transaction fees for their stores?

If the platforms wanted to come after the money, they could. I suspect they're still in the growing phase. But I imagine in the near future, they'll start demanding all ads go through their platforms.

Re: Paid influencers must label some posts as ads, German court rules

#86

I just assume that any time any product is promoted, that the person is a potential shill. It may be a cynical view, but I find it a cleaner metric than trusting the poster to disclose whether they are getting compensated for mentioning a product.

Its Germany. They dont make assumptions about anything unless its in the rule book, as a rule.

Re: Paid influencers must label some posts as ads, German court rules

#87

Earlier quoted context omitted.

Sponsored content is the main income for creators, so if a platform banned it there would be a mass exodus and they'd lose their dominance.

But they would earn more money from regular ad revenue, presumably. You're painting a rather bleak picture -- that the majority of creators/influencers' content is advertising. If that's the case, I'm not sure why Youtube/Instagram should also tolerate that -- it's basically spam on their platform they haven't curated through their ad network.

Youtube et al tolerate it because these influencers posts ultimately mean more eyes are fixed on the platform to watch the actual first party advertisements. Having these influencers rely on third party sponsored posts for their funding means that youtube doesn't have to pay them very much at all.

Re: Paid influencers must label some posts as ads, German court rules

#89
post #44

US law already requires influencers to disclose ads. (And the FTC says that US law includes foreigners whose audience is reasonably likely to include Americans) https://www.ftc.gov/tips-advice/business-center/guidance/dis...

It seems to be WILDLY unenforced then, no? In the USA, it doesn't seem to be done. I was actually shocked -- and then realized how naive I was -- when i was talking to someone at a party who had a tiktok where she reviewed garden products, to find out that it wasn't just "free product", she was literally getting paid by the companies to give them good reviews, and from the tiktok you wouldn't know she wasn't just rev…

Most of the statutes that can only be enforced by the federal government are like this: it's not just the FTC.

Federal law enforcement is a teensy tick on top of an enormous dog which is crime. The FTC is really small compared to its purported bailiwick. It would need more lawyers than the largest law firms in the US to accomplish anything close to its responsibilities, and it would need to duplicate the FBI to act as its enforcement/investigation arm. Most of the jobs at the FTC aren't even lawyer jobs, but are in more analytical roles.

Re: Paid influencers must label some posts as ads, German court rules

#90
post #86

I just assume that any time any product is promoted, that the person is a potential shill. It may be a cynical view, but I find it a cleaner metric than trusting the poster to disclose whether they are getting compensated for mentioning a product.

Its Germany. They dont make assumptions about anything unless its in the rule book, as a rule.

> They dont make assumptions about anything unless its in the rule book, as a rule.

I'm curious. Is this in any German rulebook? (I secretly want it to be).

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