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Date Posted: Friday 28th February 2020
The UK's primary competition and consumer authority, the Advertising Standards Agency (ASA) has issued an abridged version of its guide to ad labeling and disclosure on social media platforms, in collaboration with the Competition and Markets Authority (CMA).
The ASA doesn't present any material updates to the current rules, instead, it directs influencers towards a host of resources. These include simplified flowcharts and infographics, encouraging influencers to present content correctly from the beginning to avoid regulatory action.
Make it Clear
Read the ASA guide to what counts as an ad and making it clear.
Is my post an ad and do I need to label it?
Review this flowchart and follow the relevant steps, by asking appropriate questions.
Also, understand when ASA and CMA get involved.
The influencer's cheat sheet
Some top tips for declaring ads on social media and the key things to bear in mind.
Affiliate marketing infographic
Four key things brands and influencers need to know about disclosing affiliate marketing.
What is affiliate marketing?
Affiliate marketing is a way for a business to sell its products by signing up individuals or companies, aka affiliates, who market the business's products for a commission. Affiliates typically place ads, promotional codes and links online that direct consumers to the website of a company.
How does the UK Advertising Codes apply to affiliate marketing?
The advertising rules say that:
In instances where there is an affiliate marketing arrangement in place, you need to make it clear whether parts of all of the content is an ad.
CAP Insight - News-style advice written by the experts
#Ad(vice) - Making clear that an ad is an ad
Influencers, if they mention a brand resulting from a commercial relationship, need to make this clear to avoid misleading the audience.
The CAP Code specifically refers to “Advertisement Feature” as an appropriate label for ‘advertorial’ content and “Ad”, “Advert”, “Advertising”, “Ad Feature” and similar are all very likely to be considered acceptable by the ASA (with or without a ‘#’, brackets or similar – though this might, in some contexts, make it stand out better).
The ASA has set out guidelines for what falls under its jurisdiction, across paid for space, advertorial and directly connected content. Find out more here.
The ASA also points out that influencers need to be aware of age-restricted products and act in a socially responsible way by making adverts clear and transparent. This also applies to medicines and specific rules have been set out in regard to posting about medicines. The rules apply to marketing communications and not the products, which are regulated by health regulators such as the Medicines and Healthcare products Regulatory Agency (MHRA), Veterinary Medicines Directorate (VMD), the European Medicines Agency (EMA), and the Department of Health. Marketing communications for those products must comply with the rules and professional codes of conduct of relevant professional bodies.
Influencing Responsibility - Webinars
In this webinar, the ASA focuses on busting some of the myths around ad labelling and disclosure. View the tutorial here.
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