Denmark’s influencers voice concerns over advertising regulations following Consumer Ombudsman statement

A number of Denmark’s largest influencers are expressing serious concerns and confusion following a recent statement by the Consumer Ombudsman, which emphasized that all content shared on social media falls under advertising law. This implies that posts can be considered advertisements if a company’s products are featured, regardless of whether the influencer received payment or gifts.

Influencers fear they may need to label much more of their content as “advertisement,” including material they feel does not qualify as advertising. Consequently, 120 prominent influencers have sent a letter to Business Minister Morten Bødskov and the Consumer Ombudsman, voicing their concern that distinguishing between true advertisements and “regular content” will become increasingly difficult.

The Consumer Ombudsman, Torben Jensen, clarified that it is a misunderstanding to believe all future content must be labeled as advertising. He noted that the prohibition against hidden advertising remains unchanged. Jensen explained that if influencers share experiences like visiting Tivoli and gain no benefits from it, such as free services, then it does not need to be marked as an advertisement. However, if there are benefits received, labeling is required.

The influencers have raised questions about whether they can share personal experiences, like enjoying a glass of wine, especially if their audience includes minors. Jensen warned that posting such content could contravene laws protecting children and teenagers from alcohol marketing.

The influencers described the situation as a “restriction of their freedom of expression,” but Jensen emphasized that those choosing to monetize their activities must comply with relevant regulations. To address the confusion, the Consumer Ombudsman has scheduled an informational meeting for influencers on November 25.