Fake advertising on social media

Why fake advertising is a growing problem

Fake advertising on social media is one of the biggest challenges in digital marketing today. Social media platforms in particular feature ads that use well-known personalities to promote products without their consent.

The consequences: damage to reputation, misleading users, and massive legal violations.

A current case before the Bonn Regional Court shows how clearly courts are taking action against such forms of fake advertising on social media.

The court case: Illegal advertising featuring Hendrick Streeck

The company Meta Inc. had placed several advertisements on its Facebook platform containing images and alleged statements by the well-known virologist Hendrik Streeck. Streeck objected to this and successfully took legal action against it by means of a preliminary injunction.

Legal assessment of the case

1. Violation of the right to one’s own image (Section 22 of the German Art Copyright Act (KunstUrhG))

The use of the image without consent constitutes a clear violation of the law. An exception under Section 23 of the German Art Copyright Act (KunstUrhG) does not apply here.

2. Interference with general personal rights

The advertisement portrayed Streeck in a context that did not correspond to his actual public and professional image. General personal rights protect individuals from being misrepresented in this way. What makes this particularly serious is that he was attributed with a recommendation that he had never made.

3. Misquotations and exploitation of his fame

The advertisement attributed statements to Streeck that he never made, while at the same time exploiting his fame to lend the product greater credibility. This created a completely false impression that damaged his reputation and amounted to a form of reputation exploitation.

Furthermore,
doctors and medical professionals are prohibited by professional law from advertising certain medical products. The advertisement therefore gave the false impression that Streeck was violating his professional duties, which further jeopardized his reputation.

The verdict

The court upheld the preliminary injunction and prohibited Meta Inc. from further publication. Any violation is punishable by a fine of up to €250,000.

How can you recognize fake advertising on social media?

Follow this checklist