Media law for influencers: imprint, media state treaty and livestreams
If you publish content regularly, you are legally a media provider. We ensure that the imprint, advertising, youth protection and live streams meet the requirements of the media supervisory authority.
- Imprint for Instagram, TikTok, YouTube and Twitch
- Proceedings before the state media authorities
- Protection of minors and journalistic care
Influencers are media providers
Media law regulates which broadcasting and telemedia obligations have providers. Influencer accounts are regular telemedia. Anyone who offers journalistic and editorial content, such as news, comments or reports, must also observe journalistic due diligence obligations. Anyone who streams linearly and regularly live can even fall under the regulations for radio.
The state media authorities are responsible for the supervision. In particular, they check advertising labeling, imprint and youth protection and can issue complaints and impose fines. As specialist lawyers for copyright and media law, we accompany you in these procedures and set up your channels in such a way that it doesn’t even happen in the first place.
Typical situations in which we help
- You want to know what a correct imprint looks like on Instagram or TikTok.
- The State Media Authority wrote to you or initiated proceedings.
- They regularly stream live and wonder if they need a broadcasting license.
- They report on politics, celebrities or companies and want to avoid liability risks.
- Your content is aimed at young target groups or contains problematic topics.
- A medium demands a counter-statement from you or you want one.
Legal basis at a glance
Imprint obligation (§ 5 DDG, § 18 MStV)
Business telemedia must keep the name, address capable of being charged, quick electronic contact and, if applicable, register and sales tax information (§ 5 DDG). The imprint must be easily recognizable, immediately accessible and constantly available. On social media, a clearly designated link in the bio is usually sufficient, which leads to the imprint with a maximum of two clicks. For journalistic-editorial offers, a person responsible according to § 18 Para. 2 MStV must also be named.
Advertising in the Media State Treaty
The State Treaty on Media requires that advertising be easily recognizable and separate from the editorial content (§§ 8, 22 MStV). Surreptitious advertising is not permitted, product placements are permitted under conditions and are subject to labeling. The media institutions have published a guide for this, which in practice serves as a benchmark.
Live streams and radio
Streams that are distributed linearly, i.e. according to a broadcasting plan, can be broadcast. However, Section 54 MStV provides for freedom of admission for programs with a low reach, especially with an average of less than 20,000 concurrent users in the last six months. For large streams, the classification should be checked.
Protection of minors and journalistic care
Content that can affect the development of children and young people is subject to the Youth Media Protection State Treaty (JMStV). The recognized journalistic principles apply to journalistic-editorial offers: before their distribution, messages must be checked with the necessary care for the content, origin and truth (§ 19 MStV).
Practical examples: typical scenarios
We regularly meet the following scenarios in the consultation. They are anonymized and simplified and show how such cases are typically classified. They do not describe any specific mandates and do not promise a specific result.
Fines proceedings due to a lack of imprint
Situation: A creator with an online shop does not have an imprint in the profile. The state media authority initiates a procedure, and a competitor also warns.
Legal assessment: The missing imprint is a violation of § 5 DDG and can be warned under competition law. The media institution can impose a fine.
Our approach: We immediately set up a correct imprint, comment on the authority and negotiate the cease-and-desist letter.
Political Comment Channel
Situation: A YouTuber comments on current political events weekly and spreads unchecked claims. The media institution complains about a contribution.
Legal assessment: The channel is a journalistic editorial offer. The journalistic due diligence obligations of § 19 MStV apply.
Our approach: We represent the creator in the process and develop a research and correction procedure that avoids future complaints.
Big gaming stream with broadcast schedule
Situation: A streamer broadcasts daily on a fixed plan and regularly reaches over 30,000 viewers at the same time.
Legal assessment: The limit of freedom of admission can thus be exceeded. The question arises as to a broadcasting license.
Our approach: We check the key figures, coordinate with the responsible media institution and, if necessary, accompany the approval process.
That’s how we go
- 1
Initial assessment
You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.
- 2
Secure evidence and deadlines
We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.
- 3
Set strategy
Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.
- 4
Implement and enforce
We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.
Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.
Common mistakes to avoid
- Imprint only on the website, but not accessible via the profile.
- Specify the mailbox instead of a loadable address.
- Present unchecked claims about third parties as facts.
- Leave the letter from the media institute unanswered.
Frequently asked questions about media law
Do I have to state my private address in the imprint?
A chargeable address is required. A pure mailbox is not enough. Many creators use a business address or an imprint service that accepts mail that can be delivered. We check which solution is allowed.
Who is the responsible media institution?
As a rule, the state media authority of the federal state in which you have your place of residence or place of business.
Do I need a broadcast license for Twitch?
Mostly not. However, this should be checked for linear streams with a very long range.
Deepening: Further information
The media law in the field of influencer is that Rules of Public Communications. Ensures that content True, transparent, youthful and lawful be spread. For influencers, this means that whoever publishes also bears media law responsibility – from the labeling requirement to broadcasting issues to the protection of minors.
The Media law is particularly important in the influencer area, because influencers in the core Media actors Are: You publish, distribute and design content that reaches a large public. Different sub-areas of media law apply – from press law to radio and platform regulations.
Here are the most important aspects:
1. Publication & Responsibility
- Influencers carry the Legal responsibility for your content – Whether text, picture, video or live stream.
- Media law are relevant, among other things:
- Duty of truth (no spread of untrue facts)
- Protection of third-party personal rights (no slander, insults, inadmissible use of images)
- Copyright and trademark limits when creating content
2. Broadcasting & Streaming Law
- Who regularly Live streams organized (e.g. gaming, talk formats, shows), may be “Broadcaster” apply.
- That means: can License Obligations In the state media authorities, there are, depending on the range, regularity and journalistic character.
- Platforms such as Twitch or YouTube live streams are moving in a legally sensitive area.
3. Advertising Regulation & Transparency
- Media law overlaps with that Competition law: Advertising must be clearly recognizable as such.
- In addition, there are media law regulations Separation of advertising and editorial content.
- Violations can not only be warned, but also sanctioned by media supervisory authorities.
Do you bear legal responsibility for your content? We are specialist lawyers and advise you as media players.
4. Platform Regulation & Liability
- Influencers are subject to the rules of the platforms (YouTube, Instagram, TikTok, etc.), which sometimes have to implement media law requirements.
- Topics like Hate speech, youth protection, disinformation or algorithmic transparency are increasingly regulated by media law.
- Influencers must note that violations Blocking, content deletion or even legal procedures can lead.
5. Youth protection & age ratings
- Content may not contain any illegal content for children and young people (e.g. violence, pornography, gambling).
- Advertising for alcohol, tobacco or certain financial products is strictly regulated.
- Youth protection authorities and media institutions are increasingly controlling influencer content.
Related Topics
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