Denmark’s consumer ombudsman reports influencers to police over new marketing guidelines

In early October, Denmark’s Consumer Ombudsman took a firm stance on influencer marketing by reporting several influencers to the police and suggesting a new interpretation of the marketing law. Under this interpretation, all content from influencers would be subject to marketing regulations, not just paid partnerships. This means that posts may be deemed advertisements even if influencers do not receive payment or gifts for featuring a company’s products.

Influencers are expressing concern that these new guidelines create confusion. In response, 120 leading Danish influencers sent a letter to the Minister of Business, Morten Bødskov, and the Consumer Ombudsman, highlighting their worries about distinguishing between promotional content and non-commercial posts. For instance, they fear that sharing a personal visit to an amusement park with friends could erroneously be classified as advertising due to the park’s presence in the post.

Rasmus Kolbe, known as Lakserytteren, noted that the new interpretation complicates how influencers can share their lives without drawing regulatory scrutiny. He emphasizes that trying to comply with these guidelines leads to an increase in labeling posts as advertisements, potentially diluting the meaning of such markings.

The Consumer Ombudsman is scheduled to hold an information meeting on November 25 to clarify these new marketing law rules for influencers. They assert that while individual influencers should be aware of the specific regulations, the delineation between personal and commercial content remains unclear.

Additionally, concerns have been raised regarding potential restrictions on influencers’ expressions about personal behaviors, such as enjoying a glass of wine, due to regulations on advertising unsuitable products for minors. Experts recognize the challenges posed by influencer marketing, particularly its effect on vulnerable audiences like children and teenagers.