The legal requirement to identify advertising content on social media is clear: any post with commercial intent must be immediately recognizable as advertising. This applies whether the creator is a professional influencer or a business promoting its own products. The decisive question is whether the post pursues a commercial purpose — including product placements in exchange for free goods or other consideration (not just cash payment). Violations can lead to cease-and-desist letters from competitors and fines. The platforms' own disclosure tools are a starting point but do not guarantee legal compliance.
Content posted on social media is subject to copyright just like content published in any other medium. Using third-party images, music, videos, or text without authorization infringes copyright. Particular care is required with background music in videos — the licensing regime for commercial use differs from personal use. The embedding of third-party content (iframes, shares) raises complex questions of whether a 'communication to the public' has occurred. Platform terms of service typically grant the platform a broad license to use uploaded content but do not authorize third parties to use it.
Social media accounts and handles are valuable business assets that can be the subject of legal disputes. Domain and handle squatting — the registration of a brand name by an unauthorized third party — can usually be addressed through trademark-based claims and platform dispute procedures. Hacked accounts can sometimes be recovered through platform security procedures or, in serious cases, through legal action. Business account agreements with the platforms should be reviewed to understand the platform's rights to suspend or terminate accounts and the appeal procedures available.
Social media platforms enforce their community guidelines through content moderation, account suspension, and permanent bans. A suspension or ban can have significant commercial consequences for businesses that rely on social media for marketing. Understanding the platform's enforcement procedures and the available appeals mechanisms is important. Businesses affected by unjustified account suspension may have legal claims against the platform under contract law or the Digital Services Act (DSA). The DSA creates new obligations for platforms regarding transparency, appeals, and out-of-court dispute resolution.
Content must be disclosed as advertising on social media whenever it pursues a commercial purpose. This is clearly the case when a payment is made by a brand for a promotional post. But it is also the case when products are received for free in exchange for coverage, when a link directs to the poster's own commercial offering, or when a brand with which the poster has a commercial relationship is mentioned positively without meaningful critical distance. Disclosure must be immediate and unambiguous — not hidden in hashtags or at the end of lengthy captions.
Not without permission. Photographs published on Instagram are protected by copyright, and reposting them without the photographer's authorization constitutes infringement — regardless of whether you use a repost app or screenshot the image. The fact that the image is publicly visible on Instagram does not create a license to use it. To repost legally, you need the rights holder's express permission, which can be given via a comment, direct message, or formal license agreement.
If your social media account is suspended, begin by using the platform's own appeals process immediately — many suspensions result from automated errors that can be reversed. If the internal appeal fails, review the platform's terms of service to understand the legal basis for the suspension and whether it was properly applied. In cases of clear contractual violations by the platform, legal action may be available. Under the Digital Services Act, platforms are obliged to provide an effective internal complaints mechanism and access to out-of-court dispute resolution.
The use of music on TikTok is subject to copyright regulations. TikTok offers a music library with licensed tracks that can be used within the platform. However, it's important to note that these licenses often do not cover commercial use by business accounts! Anyone who integrates music from outside the platform into videos needs the appropriate usage rights. The platforms' automatic filtering systems can detect copyright infringements and block content. Special caution is advised with popular songs, as rights holders are particularly vigilant about violations in these cases.
Liability for content on social media depends on the role of the respective parties. Platform operators are generally privileged under the TMG (Telemedia Act), but can become directly liable if they adopt content as their own. Influencers are liable for their own posts, and companies for content on their official channels. Anyone who shares or comments on third-party content can, under certain circumstances, adopt it as their own and also become liable. Liability extends to copyright infringements, violations of competition law, and infringements of personal rights.
