Identifying and Marking Advertisements in Social Media Platforms: Guidelines Explained
In the digital age, where influencers wield significant sway over consumer decisions, the UK has introduced stringent advertising disclosure guidelines to protect consumers from misleading marketing practices. These regulations, enforced by the Competition and Markets Authority (CMA) and the Advertising Standards Authority (ASA), aim to ensure that influencer content is transparent and compliant with consumer protection law[1][5].
Since 2019, the regulatory framework has grown more detailed and stricter, with a stronger emphasis on transparency to safeguard vulnerable groups such as children and teenagers from deceptive advertising[3]. The 2024 Digital Markets, Competition and Consumers Act introduced new rules to combat unfair commercial practices in influencer marketing[3]. Despite this, the Advertising Standards Authority (ASA) reported that disclosure rates remain below expectations, with just 57% compliance in 2024, albeit an improvement from previous years[3].
The CAP Code now covers all forms of influencer marketing, including paid ads, advertorials, affiliate marketing, and self-promotion. Advertisements must be obviously identifiable, and if brands exercise editorial control over influencer content, they share liability for compliance breaches[5].
Platforms like TikTok enforce their own content disclosure policies, but influencers themselves are responsible for legal compliance. Platform rules focus on content moderation rather than contract enforcement between creators and brands[2].
On Instagram, the 'Ad' label should be placed at the start of the caption, and the 'Paid Partnership' tag should be used if possible. An 'Ad' label should also be added as a text sticker on the story image/video itself on Instagram Stories to ensure no one misses it[4]. On TikTok, the disclosure should be integrated into the video, with a text overlay in the first seconds saying '#Ad' or verbally stating 'I've partnered with [Brand]...' at the start[4].
On YouTube, both the built-in disclosure and verbal or visual disclosure within the video are necessary. A note should also be included in the video description[4]. Using vague labels like 'In partnership with...' or 'Spon/Sp' or 'Aff' or 'Gifted' is not clear enough and does not meet the requirements[4].
Influencers must be clear about their relationship with brands, disclosing any material connection (paid, gifted, employee, shareholder, or even if it's their own brand or a friend's business)[4]. Affiliate links or discount codes should also be disclosed clearly, as they are considered advertising, and the influencer has a material connection to the brand[4].
The disclosure should be transparent, easy to understand, unambiguous, timely, and prominent and upfront. The notification that it's an ad should be immediate, and people shouldn't have to click 'See more' or hunt through hashtags to find it[4]. If an influencer is promoting something and lives in the UK or aims their content at UK consumers, they must make it instantly clear to their followers that the post is an ad, even if the shop is not based in the UK[4].
Even if an influencer has a small number of followers, they are still required to mark their posts as ads and follow the rules[4]. Influencers promoting products to others, regardless of their follower count, are subject to UK advertising laws[4]. The principle of disclosure applies across all social media platforms, including Instagram, Facebook, TikTok, YouTube, Twitter, Snapchat, Twitch, blogs, forums, and even Facebook Groups[4].
In conclusion, the UK's advertising rules for influencers have evolved towards increased transparency, stronger enforcement by the ASA and CMA, and broader coverage of various influencer marketing formats, reflecting growing regulatory attention and consumer protection priorities in the UK[1][3][5].
References: [1] Competition and Markets Authority. (2019). Influencer marketing: A guide for advertisers and influencers. Retrieved from https://www.gov.uk/government/publications/influencer-marketing-a-guide-for-advertisers-and-influencers/influencer-marketing-a-guide-for-advertisers-and-influencers [2] TikTok. (n.d.). Branded content policies. Retrieved from https://advertise.tiktok.com/brand-safety/brand-safety-policies [3] Advertising Standards Authority. (2021). Influencer marketing: ASA launches new guidance to tackle misleading ads. Retrieved from https://www.asa.org.uk/news/influencer-marketing-asa-launches-new-guidance-to-tackle-misleading-ads.html [4] The Drum. (2021). ASA issues new guidance on influencer marketing as disclosure rates remain low. Retrieved from https://www.thedrum.com/news/2021/01/15/asa-issues-new-guidance-influencer-marketing-disclosure-rates-remain-low [5] Committee of Advertising Practice. (2019). CAP Code. Retrieved from https://www.cap.org.uk/policy-and-advice/about-cap/cap-code-summary
- In the digital age, businesses must ensure that their brand's influencer marketing practices adhere to UK advertising disclosure guidelines, as regulated by the Competition and Markets Authority (CMA) and the Advertising Standards Authority (ASA).
- Transparency is crucial in influencer marketing, as it helps prevent companies from deceiving consumers, particularly vulnerable groups like children and teenagers.
- The 2024 Digital Markets, Competition and Consumers Act introduced new rules aimed at combating unfair commercial practices in influencer marketing, ensuring that influencer content is transparent and compliant with consumer protection law.
- On popular social media platforms like Instagram, TikTok, YouTube, and others, influencers must clearly disclose their relationship with brands, whether they are receiving payment, gifts, or if the brand is their own or a friend's business.
- Health-and-wellness brands, entertainment industries, and any other business utilizing influencer marketing in the UK must prioritize disclosure, ensuring that ads are easily identifiable, timely, and prominent to maintain consumer trust while staying compliant with UK law.
