top of page

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.


https://www.asa.org.uk/static/uploaded/3af39c72-76e1-4a59-b2b47e81a034cd1d.pdf


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


What are the key points?

  • 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?

  • 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.








bottom of page