The fine print: at least that's how big it should be
The small print is a popular means of hiding terms and conditions in advertising. But does it have to be so small? We have found out for you how big the conditions for advertising on TV should be at least.
The fine print on TV: how big should it be?
The law does not provide for an absolute font size or display duration for the small print. Rather, it is important that the viewer can see that there are conditions. We asked the Wilde Beuger Solmecke law firm what requirements there are for advertising:
- In principle, false statements in advertising are prohibited. In the case of semi-true statements, i.e. if they require further explanation or limitation, there must be clearly visible labeling. This marking must be clearly recognizable so that the viewer is aware that there are restrictions in the offer.
- If an asterisk is necessary, you decide in individual cases how clearly the corresponding note must be recognizable. Specifically, it depends on the level of attention of the viewer: With expensive products or contracts, a potential buyer takes a closer look than with cheap goods that lead to impulsive purchases.
- It must also be clear where the viewer can find the information about the offer. It is impossible to read the fine print on the screen within seconds, but if, for example, there is a clear link to the website for the offer, the advertised can read the conditions there.
- Conclusion: It must be clear that there is fine print and where you can read it.
Size and fade-in time for small print are still relevant
Although there is no clear rule about the size and duration of the small print, judgments have shown that both play a role:
- The Hamburg Higher Regional Court (OLG) decided on an Internet contract for 1 & 1 advertising that the duration of the display was not sufficient to take advantage of the terms of the offer. The viewer is distracted from reading the large information. The footnote text could not be noticed in the short time.
- Another judgment deals with information about test judgments that were shown in an advertisement. Background information on the tests "must be easy and clearly verifiable", according to the OLG Frankfurt. Details of the test were only shown for two seconds for the relevant advertisement. In addition, the reference to the website is illegible due to the small font size, the court said.