"A distinction according to the subject matter of editorial reporting or the expression of opinion is not compatible with freedom of expression and freedom of the media. Reports on fashion trends are no less worthy of protection than reports on social and day-to-day political issues"[1] - with these and other remarks, the Berlin Court of Appeal ("KG") has now established competition law limits for bloggers and influencers. Even if the court judged two of the three posts at issue in the action to be advertising, the judgment nevertheless provides indications on the basis of which a post could or could not be qualified as advertising.

Please find the article here (German only).

Jacqueline Bichler / Arthur Stadler

[1] Urteil KG Berlin 8.1.2019, 5 U 83/18, 3) dd).