Identifying Advertisements on Social Media: Guidelines for Proper Identification and Marking
In the ever-evolving landscape of social media, the importance of transparency in advertising has never been more crucial. The Advertising Standards Authority (ASA) and the Competition and Markets Authority (CMA) in the UK have ramped up their enforcement efforts to ensure that influencers and brands adhere to strict guidelines when it comes to disclosing sponsored content.
The ASA actively monitors influencers, naming repeat offenders on its Non-Compliant Influencers page for public shaming. They even run ads targeting followers to call out lack of disclosure. The CMA, with real legal power, reminds brands they are on the hook too. By 2025, there will be zero tolerance for nondisclosure, with tighter scrutiny and faster consequences for anyone who breaks the rules.
To avoid breaching these rules, influencers must explicitly disclose paid partnerships or advertisements in social media posts, using clear and unambiguous labels such as "ad," "sponsored," or "paid partnership." This applies across all popular platforms like Instagram, YouTube, TikTok, and Twitch.
The ASA's requirements cover all formats of social content, including Stories, Reels, TikToks, snaps, and live videos. For instance, on Instagram, Snapchat, or Facebook Stories, a textual indicator like 'Ad' or 'Advertisement' should be visible on the story frame itself. On Twitter, a tweet should start with 'Ad:' or '#Ad' if it's promotional.
On YouTube, it's good practice to put a note in the video description (right at the top before any links) like 'Ad | This video includes a paid partnership with [Brand]...' and to verbalize or visibly disclose in the video itself. TikTok, YouTube Shorts, or any short-form videos should have the disclosure inside the content itself, spoken or on-screen, right from the start if captions don't show upfront.
Affiliate links or discount codes need to be disclosed as advertising, just like any other ad. The commission or reward earned from affiliate links is considered a form of payment. Using #PR, #gifted, or similar terms is not clear enough to indicate an ad. A disclosure that only appears after a user clicks 'See more' is not adequate. Disclosures must be immediately visible, not hidden behind 'See more' or buried in hashtags.
The built-in 'Paid Partnership' label on Instagram stories may not be noticed by viewers who tap through stories quickly. Therefore, it's recommended to use both the 'Paid Partnership' tool and put an 'Ad' label on the story itself. A shop's logo or banner on a picture does not count as a clear disclosure of an ad.
The ASA's latest guidance is crystal clear: if you have a relationship with a brand, whether it's paid, gifted, affiliate, ambassador, or even your own product, you must label the content as an ad. No more vague hashtags - clarity is key. This rule applies for up to 12 months after the relationship ends whenever you post about that brand to account for lingering associations.
Compliance with these guidelines is not only essential for avoiding sanctions but also for maintaining trust with followers. The responsibility is on influencers to make sure the disclosure is unmissable, even for nano-influencers with a small number of followers. If an influencer promotes products to UK consumers, they must comply with UK advertising laws, regardless of the shop's location.
Regulators have made it clear that from Instagram to TikTok to whatever the next big app is, if you're posting marketing content, you need to disclose it properly. Influencers should not be misleading, never making it seem like a genuine, unbiased opinion if it's actually part of a commercial deal. Adhering to these guidelines not only ensures compliance with advertising standards and data protection laws but also fosters a more honest and transparent social media landscape.
- Transparency in advertising is crucial on social media platforms like Instagram, YouTube, TikTok, and Twitch, as the Advertising Standards Authority (ASA) and the Competition and Markets Authority (CMA) enforce strict guidelines for disclosing sponsored content, with zero tolerance by 2025.
- To avoid breaching these rules, influencers must use clear and unambiguous labels such as "ad," "sponsored," or "paid partnership," and applying these labels consistently across different formats of social content, including Stories, Reels, TikToks, snaps, live videos, and tweets.
- For example, on Instagram, Snapchat, or Facebook Stories, a textual indicator like 'Ad' or 'Advertisement' should be visible on the story frame itself, while on Twitter, a tweet should start with 'Ad:' or '#Ad' if it's promotional.
- Affiliate links or discount codes must also be disclosed as advertising, and disclosures must be immediately visible rather than hidden behind 'See more.' Compliance with these guidelines is essential to maintain trust with followers, ensuring honesty and transparency within the social media landscape.
