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Timing of Mandatory Information in Car Advertising Videos
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The question of from what point in time legally required mandatory disclosures must be presented in audiovisual advertising media was specified by the judgment of the Lübeck Regional Court of 20 July 2023 (Case No. 13 HKO 36/21). The court had to decide a case in which the mandatory information in an advertising video for an automobile was displayed only 17 seconds after the start.
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Requirements for Advertising Measures Under the Passenger Car Energy Consumption Labelling Regulation (Pkw-EnVKV)
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The focus was on the provisions of the Energy Consumption Labelling Regulation (Pkw-EnVKV), which, for advertising measures, requires the immediate and clearly perceptible inclusion of certain information—including fuel consumption and CO₂ emissions. In the view of the Lübeck Regional Court, such information must be provided at the beginning of the audiovisual advertisement. A time-delayed notice was deemed insufficient, since the advertising impact is decisively triggered in the first seconds and any information deficits for the consumer at that point can no longer be compensated.
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Immediacy and Perceptibility as Decisive Criteria
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In its decision, the court emphasized in particular the necessity that mandatory information be displayed “immediately\” and not merely later in the course of the advertising video. The benchmark is an averagely informed target audience that is appropriately attentive in the given situation. Consumers should not have to obtain essential information only through their own actions or by waiting. Delayed overlays of 17 seconds, in the court’s view, are not suitable to meet the statutory requirements.
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Consequences for the Design of Audiovisual Advertising
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The decision of the Lübeck Regional Court shows that immediacy is of central importance for the legally compliant design of audiovisual advertising. Companies are obligated to present mandatory disclosures at the same time as the advertising address to the target audience. Subsequent insertion—even with a comparatively short delay—can ultimately constitute an infringement of unfair competition law and trigger unfair-competition claims by third parties.
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\nFor more in-depth questions regarding the legally compliant design of digital advertising measures, in particular with regard to the placement and design of mandatory information, it is advisable to engage an experienced partner in the field of IT law. Further information can be found via the following link: Legal advice in IT law.
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