The Advertising Standards Authority (ASA) is the UK’s advertising regulator ensuring ads across UK media stick to the advertising rules. Since Influencer Marketing has evolved immensely over a short period of time, brands and creators need to ensure that advertising is clear and we understand it can be difficult to stay updated with the regulation changes.

This year, new rules were introduced to make advertising even clearer to the consumer. Here’s what you need to know:

Disclosing commercial intent

Falsely presenting yourself to your audience by failing to show commercial intent behind a social media post or omitting ‘material’ information goes against Consumer Protection Rules (CPRs).

To avoid this, the new regulations state that whenever you have received any sort of incentive from a brand e.g., money, gifting, an exclusive discount or commission, trip accommodation/services/travel, you disclose this as advertising. Using the term #gifted is no longer compliant.

This also applies if you are an owner, employee, shareholder, director or have any other commercial or personal interest (i.e. family and friends).

Affiliate marketing

Affiliate-linked products and services must also be clearly labeled with #Ad due to the ambassador or affiliate relationship between brands and creators.

Be clear!

Audiences must be able to see the label clearly at first glance, Be sure that the text is prominent in plain sight. To simplify it for creators, the ASA advises to ‘just say it how it is’ by using the following labels; #Ad, #Advert, #Advertising, #Advertisement or #AdvertisementFeature.

A new self-help tool for influencers is also available for advice for advertising across multiple platforms. See more here.

The consequences

The regulatory board has implemented the following sanctions to ensure creators comply with the rules:

• Creators who fail to follow the new rules will be added to a ‘Non-Compliant Social Media Influencer’ page for three months. Followers will also be exposed to the ASA’s targeted ads which alert them that Ads have failed to be disclosed.
• This can also apply to brands.
• You may run the risk of social media platforms removing your content or deleting your account.
• The CMA may also take formal action against you.

If you are working with us, reach out to our Creator Voices team for free support and guidance.