Paid content must be clearly separated from editorial content. The labelling “Anzeige” (advertisement) is the safe standard.
Legal framework
- State press laws (e.g. § 10 LPresseG BW): paid publications must be labelled “Anzeige”
- § 5a(4) UWG and Annex No. 11: no concealed commercial purpose, no advertorials disguised as information
- Interstate Media Treaty: separation and labelling in broadcasting and telemedia
Case law
- CJEU, 17 Oct 2013, C-391/12 and BGH, 6 Feb 2014, I ZR 2/11 – paid editorial content must be labelled “Anzeige”; “sponsored by” is not enough
- BGH, 9 Sept 2021, I ZR 90/20, I ZR 125/20, I ZR 126/20 – influencer posts with consideration must be labelled
Case examples
“Sponsored by”
A magazine article paid for by a car manufacturer carries only “sponsored by”. Not sufficient.
Affiliate guide
A news site’s “best mattresses” guide earns commission on every link without disclosure. Concealed commercial purpose.
