Advertising on Social Media

If a statement on Social Media contains advertising, this must be mentioned. Whether a statement is advertising is judged on the basis of the entire statement. Whether there are continuously or at certain moments in the statement commendable announcements, makes no difference.

According to the Dutch Advertising Code Committee, a statement in which the brands and logos of a company and its products are clearly and frequently depicted, is considered advertising.

In this context it is also important whether a ‘Relevant Relation’ exists between the distributor and the advertiser. This means - in short - that the relationship is aimed at distributing advertising via Social Media, in return for payment or any advantage, which may influence the credibility of advertising via Social Media. In such a case, it should be explicitly stated in the statement that the distributor receives a remuneration, in cash or in kind, from the advertiser.

If it appears that the efforts of a distributor are clearly aimed at drawing attention to a product in return for payment, then it is certain that there is a Relevant Relation. If the public is aware that there is a fee in return for the placement of the statement, then they can value it. It does not matter what the fee is intended for.

Incidentally, an advertiser has his own duty of care or responsibility when it comes to compliance with the relevant legislation, in the case of Social Media the Advertising Code Social Media. Inexperience with Social Media is no reason for a company not to comply with its duty of care.

Read the statement in which a vlogger and an advertiser are addressed for non-conform advertising in a vlog here (only available in Dutch).