An Influencer's Guide to Making Clear That Ads Are Ads
AdvertisingStandard Authority. (2023).
This guide, produced by UK regulatory bodies ASA, CAP, and CMA, outlines legal and ethical requirements for influencers to ensure transparency in advertising. It emphasizes the principle that all ads must be “legal, decent, honest, and truthful,” with specific focus on making commercial content clearly identifiable. The guide clarifies what constitutes an ad, including paid-for placements, affiliate marketing, and advertorials where both payment and brand control are present. Even in cases of sponsorship or gifted products without editorial control, CMA rules still mandate disclosure to avoid misleading consumers.
The document stresses that labels such as “Ad” or “Advertisement Feature” should be used prominently at the beginning of posts, avoiding vague terms like “sponsored” or mere brand mentions. Influencers are advised to ensure disclosures are upfront, visible across devices, and not buried in hashtags. Beyond labeling, the guide notes that broader CAP Code rules apply, such as substantiating claims, following restrictions for age-sensitive products, and complying with promotional marketing standards.
The ASA highlights shared accountability between influencers and brands, with potential consequences for failing to disclose properly, including public rulings. The CMA also enforces consumer protection laws, with the ability to pursue legal action for misleading practices. An infographic included in the guide provides influencers with a step-by-step decision tree to assess whether a post qualifies as an ad and whether labeling is required.
Overall, this guide serves as a regulatory benchmark for influencer marketing practices in the UK, ensuring consumer protection through transparency and setting clear standards for both influencers and brands.
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