Influencer disclosure UK 2023 - ASA / CMA guidelines

Influencer marketing has grown notably in recent years.

With it has come demands, loud and quiet, for enhanced regulation. Recently the ASA & CMA have issued combined guidance for the first time.

Why does the ASA / CMA guidance matter for influencers and brands?

The new guidance has legal force, as well as the risk of reputation shaming (the ASA’s tool, previously).

Influencers need to be careful...

What are the key points of the ASA / CMA guidance?

• Everyone in the process (brand, agency, influencer) has responsibility for compliance

• Every piece of communication needs to say ‘advert’ or ‘ad’ - there’s no scope for paid partnership tags, “ambassador”, “gifted” etc

• It is all encompassing… anything you are gifted, or experience - let alone paid to participate in - has to be disclosed

• If you’ve previously had a relationship, you should disclose it

What are the implications for brands, creators and influencers?

• People have long utilised the ‘grey areas’ of previous legislation / guidance… this makes it more explicit, especially around the use of ‘advert’

• However, we are already seeing influencers find new ‘grey areas’, using text on stories which obscures the “ad” tag, etc…

• Reputable brands will follow to the letter. Bad actors will not - exactly the people who circumvented reasonable behaviour previously

• The same applies to influencers - the disreputable will continue to be so

The clarity provided is welcome.

Does it drive meaningful change for the public? Probably not. They’re already highly media-literate when it comes to influencer endorsement, it cannot address those sitting outside UK jurisdiction, and those intent on deceit will continue.

We can expect to see a flurry of citations from the ASA to influencers and marketing campaigns as they demonstrate the guidance.