Social media – are annoying company posts just advertising?

Companies post daily on social networks like LinkedIn, Instagram, or Facebook. On LinkedIn, you see the most ridiculous posts about your own achievements and excessive self-praise every second.

But why don’t these posts always have to be marked as “advertisement” or “advertisement”?

Company postings are not considered surreptitious advertising

Business posts from companies that present their own products or services generally do not need to be marked as advertising.

The reason: The advertising nature is clearly recognizable to users from the outset. As long as there is no consideration from third parties, it is not advertising that requires labeling.

This means:

◉ A company may report on its own offers without the addition of “advertisement”.

◉ The labelling requirement only applies if financial or material benefits flow from outside.

When labeling is mandatory

The situation is different when companies, brands or Influencers receive compensation for their contributions. In these cases, clear advertising labeling is required.

➡️ Paid collaborations: When companies publish content for which they receive money or other benefits.

➡️ Product sponsorships: If products are provided free of charge and advertised in return, this is considered cooperation.

➡️ Brand tagging: Linking to partners or sponsors can also trigger a labeling requirement.

Clear terms such as “advertisement”, “advertisement” or Platforms like Instagram the note “Paid partnership with…” can be used.

Legal basis

The legal framework arises from the State Treaty on Media (Section 22 MStV) and the Act against Unfair Competition (UWG).

These rules are intended to prevent consumers from perceiving commercial content as neutral content.

However, pure self-promotion by companies does not fall under this obligation, as the commercial purpose is obvious to the user.

Companies may apply – without labeling

As long as companies only promote their own content and services on social media, there is no obligation to label them.

Only when third parties are involved – for example through cooperation, sponsorship or contractual agreements – does the post have to be clearly recognizable as advertising.

If there are like LinkedIn annoying, it's best to simply hide the profiles with the most ridiculous posts about your own achievements and excessive self-praise...

Sierks Media / © Photo: Camden & Hailey George, Unsplash