Following the wave of warning letters and court proceedings regarding surreptitious advertising, the increasing popularity of influencer marketing also reveals the legal dimension of this topic. The lack of legal certainty in this area results from trade association activities, such as the Association for Social Competition which systematically sue many influencers and collaborating companies for disguising the promotional nature of paid contributions on social platforms such as Instagram.
Against this background, this dissertation examines in further detail the controversial scope of labelling and disclosure obligations for influencers in social media such as Instagram and considers the associated issue of "credibility of influencer-marketing" and potential effects on consumer-behaviour. This assessment is further supported by empirical data collected which is carried out with qualitative and quantitative research methods in order to establish (tentative) hypotheses based on research phenomena and consumer-behaviour pattern.
In summary, mandatory labelling and disclosure requirements do not seem to "ruin" the credibility of influencer-marketing and do not take a major influence on consumer acceptance and -behaviour. Acceptance and market behaviour rather seem to be driven by other factors, including the character of the products and the company involved and the personal fit with the profile of the respective influencers. The research-project is limited to the consideration of influencer-marketing and compliance with legal obligations in Germany.
Table of Contents
1 Introduction and Research Purpose
1.1 Problem Statement
1.2 Aims and Objectives
1.3 Research Questions
1.4 Chapter Outline
1.5 Limitations
2 Review of Current Thinking
2.1 Insights into the Review of Current Thinking
2.2 Literature Review Methodology
2.3 Thematic Classification within Marketing
2.3.1 Definition of Influencer
2.3.2 Definition of Influencer Marketing
2.3.3 Influencer Marketing and Companies
2.3.4 The Theory of Influencer Marketing
2.3.5 Classification and Delineation of Influencer Marketing
2.3.6 The Psychology of Following
2.3.7 Critiques and Consequences of Influencer Marketing
2.4 (Media-) legal framework
2.4.1 General Classification
2.4.2 Principle of Separation
2.4.3 Law Against the Unfair Competition (UWG)
2.4.4 Infringing Acts/Individual Standards
2.4.5 Legal Consequences
2.4.6 European Directives
2.5 Summary of Literature Findings
3 Research Design and Methodology
3.1 Research Methodology Theory
3.1.1 Research Philosophy
3.1.2 Research Approach
3.1.3 Research Strategy
3.1.4 Research Choices
3.1.5 Time Horizon
3.1.6 Summary
3.2 Data Collection and Analysis
3.2.1 Data Collection Techniques and Procedure
3.2.2 Evaluation of Current Jurisdictions
3.2.3 Development of Interview Guideline
3.2.4 Development of Survey/Questionnaire
3.3 Ethical Considerations
4 Results
4.1 Archival Research Results
4.1.1 Key arguments of Current Court Decisions
4.1.2 Evaluation of Current Jurisdictions
4.2 Interviews
4.3 Survey
5 Discussion and Evaluation
5.1 Archival Research
5.2 Interviews
5.3 Survey
5.4 Answers to Research Questions
5.5 (Tentative) Hypotheses
5.6 Reliability/Validity/Generalization
6 Conclusion, Limitations and Suggestions
6.1 Conclusion
6.2 Limitations of the Research
6.3 Suggestions for Future Research Projects
Research Objectives and Themes
This dissertation examines the current legal situation surrounding influencer marketing in Germany and analyzes how mandatory labeling requirements influence consumer acceptance and purchasing behavior. It bridges the gap between legal compliance in digital media and practical marketing applications.
- Current legal landscape and regulatory challenges for influencers in Germany.
- The impact of disclosure and labeling obligations on content credibility.
- Analysis of consumer behavior and reactions to sponsored influencer content.
- Integration of empirical data from expert interviews and a consumer survey.
Excerpt from the Book
1.1 Problem Statement
Smartphones have evolved over the last years from simple communication devices into a digital all-rounder. According to a 'Global Mobile Consumer survey' by Deloitte (2018), German consumers between the ages of 18 and 24 use their smartphone 56 times a day. Remarkably the focus does not longer seem to exclusively concentrate on telephone communication but on using social media platforms.
Scrolling, liking and sharing – these are now the basics of the smartphone generation and social media platforms gain more relevance than ever before. Almost all citizens in Germany under the age of 40 use social media platforms, YouTube (96%), Facebook (59%) and Instagram (73%) are the most popular platforms according to a current study by PricewaterhouseCoopers (PwC) (2018) called 'Between Entertainers and Advertisers: How to influence our buying behaviour'. Bullwinkel (2018) draws the attention to the point that these platforms are accessed on a daily basis by many people searching for news, connecting to friends, relatives and even screening advertising content on products and the respective companies. From this perspective, classic advertising measures are becoming increasingly meaningless (FH Mainz - University of Applied Sciences, 2010). In order to transport the image of their own brand and products to the desired target group, more and more companies are looking for new individual ways (Laoutoumai & Dahmen, 2017).
Summary of Chapters
1 Introduction and Research Purpose: This chapter introduces the research context, outlines the problem statement regarding influencer marketing, and defines the research goals and objectives.
2 Review of Current Thinking: This chapter establishes the theoretical foundation by covering marketing definitions, the psychology of following, and the complex legal framework governing commercial communication in Germany.
3 Research Design and Methodology: This chapter details the research philosophy, strategy, and data collection methods, including both archival legal analysis and primary empirical research via interviews and surveys.
4 Results: This chapter presents the empirical findings gathered from the archival research of court decisions, expert interviews, and the consumer survey data.
5 Discussion and Evaluation: This chapter synthesizes the findings to answer the research questions, evaluates the (tentative) hypotheses, and discusses the validity and reliability of the study.
6 Conclusion, Limitations and Suggestions: This chapter summarizes the main outcomes, reflects on the limitations of the current research, and suggests pathways for future studies.
Keywords
Blogger, Costumer, Credibility, Influencer, Influencer-Marketing, Marketing-Mix, Instagram, Labelling Requirements, Legal Grey Zones, Marketing, Opinion Leader, Surreptitious Advertising, Unfair Competition Law
Frequently Asked Questions
What is the core focus of this dissertation?
The dissertation focuses on the intersection of influencer marketing and German competitive law, specifically examining how labeling requirements for sponsored content affect brand and influencer credibility.
What are the primary research areas?
The work covers legal regulations (UWG, TMG, RStV), marketing strategies, consumer psychology, and the specific impact of transparency mandates on social media platforms like Instagram.
What is the main objective?
The goal is to assess the current legal uncertainty in Germany and analyze through empirical research whether mandatory labeling significantly harms consumer trust and acceptance.
What methodology is used?
The study utilizes a pragmatic, mixed-methods approach, combining archival research of German court decisions with qualitative expert interviews and quantitative consumer survey data.
What is addressed in the main section of the dissertation?
The main sections evaluate the "legal-free space" debate, analyze specific court cases (such as the Cathy Hummels lawsuit), and interpret survey data regarding how followers perceive "Ad" or "Sponsored" tags.
Which keywords best characterize the research?
Key terms include Influencer Marketing, Credibility, Unfair Competition Law (UWG), Surreptitious Advertising, Consumer Behavior, and Labeling Requirements.
What is the significance of the "Cathy Hummels" case for this research?
This case serves as a prime example of the legal tension between personal freedom of expression and the obligation to label content as advertising when products are displayed.
How do influencers feel about the current legal situation?
Based on the expert interviews, influencers express extreme uncertainty and often opt for "inflationary labeling" of all posts as advertising to avoid the risk of warnings from competition associations.
- Quote paper
- Laura Larissa Klempt (Author), 2019, The Credibility of influencer marketing and mandatory labelling.The legal situation in Germany and its influence on acceptance and consumer behaviour, Munich, GRIN Verlag, https://www.grin.com/document/494775
