Online personalities face allegations of violating advertising guidelines due to sponsored product promotions on their platforms
The Advertising Standards Authority (ASA) in the UK has been enforcing strict guidelines for influencers advertising on Instagram, emphasising the need for clear, upfront, and prominent disclosure of any commercial relationships. The rules aim to protect consumers from covert advertising and ensure truthful representation of promoted content.
Clear Identification of Advertising Content
All influencer marketing content, regardless of the format—be it posts, stories, reels, or any other promotional material—must be clearly identifiable as advertising. This means that influencers must label their posts that feature brand promotion with unambiguous identifiers such as #ad or #advert, ensuring these disclosures are not hidden or buried among other hashtags or content [1].
Prominent and Upfront Disclosure
The labeling or disclosure must be prominent and upfront, not hidden in descriptions or masked among many hashtags, to avoid misleading consumers. This transparency is mandatory whenever the influencer receives payment, incentives, or has any commercial or personal connection to the brand featured [3][5].
Enforcement and Consequences
Influencers and brands must comply with consumer protection law enforced by bodies including the CMA. The ASA is empowered to take action where editorial control by a brand exists or rules are breached. Both the influencer and brand may be named in rulings if guidelines are violated [1].
Clear contractual agreements between brands and influencers should explicitly outline compliance with ASA disclosure requirements, content guidelines, approval processes, and other campaign terms to protect all parties and ensure regulatory compliance [2].
Recent ASA Rulings
In a recent case, the ASA upheld complaints against Julie Haynes and Sarah O'Connor, two influencers who failed to make it clear that posts promoting BPerfect Cosmetic products were advertisements. The ASA also found that on-screen notices for BPerfect Cosmetic promotions had text that was partly obscured, making it not instantly clear to viewers that it was an advertisement [6].
Another complaint was upheld against Ryanair for a "big summer sale" promotion that included the claim "prices will rise", as the price of some flights actually went down afterwards and a month later, the purchased flight was still available for a lower price online [7].
Health Claims and the CAP Code
Health-related claims made by influencers on Instagram must comply strictly with the CAP Code. Unsubstantiated or unauthorized health claims can lead to ASA rulings for misleading advertising [4].
Other Notable Rulings
The ASA upheld a complaint against a television advertisement for the Dacia Sandero car, as it contained depictions of the vehicle being driven without due care and attention, at speed, and by people who seemed distracted as they were pictured singing [8].
The ASA also upheld a complaint by Aldi against Lidl for a social media and press campaign that featured a rosette with the wording "Ireland's best value supermarket" and a subsequent claim that "The results are in. Lidl is Ireland's best value supermarket". The ASA found that the advertising was likely to mislead consumers due to insufficient information provided [9].
Final Thoughts
In an effort to maintain transparency and protect consumers, the ASA's influencer advertising rules stress the need for clear upfront disclosure of commercial relationships and truthful representation of promoted content on Instagram. Influencers and brands should use clear hashtags like #ad or #advert prominently visible in their posts and ensure compliance with all relevant sections of the CAP Code [1][3][5].
- In the realm of social media, it's crucial for influencers to label their promotional content clearly, using visible and unambiguous identifiers like #ad or #advert, to prevent misleading consumers about their commercial relationships with brands.
- The enforcement of truthful representation extends beyond just advertising disclosure; health-related claims made by influencers on Instagram must comply strictly with the CAP Code to avoid misleading consumers about the products they're promoting.
