Rules and ethics
Part of ASA influencer disclosure rules: what UK creators must label, with a ruling
ASA influencer disclosure rules: what UK creators must label, with a ruling
What UK creators must label under CAP Code rules 2.1 and 2.3, how the ASA ruled on unlabelled TALA posts, and the CMA power to fine, with a label checklist.
What to take away
- Make every paid post obviously identifiable as an ad, so that a reader recognises it as marketing.
- Put a label such as #ad upfront, where it is clearly and prominently displayed.
- Gifted products and affiliate links need a labelling decision too, not only posts paid for in cash.
- Separate action under consumer law is possible, including fines issued directly.
Who enforces the labelling rules
Two regulators matter, and they work in different ways. The table sets out each route. Consumer protection law is a separate route from the CAP Code. Hidden advertising can fall under either, so a creator can face both.
| Regulator | Tool | What it looks at |
|---|---|---|
| ASA | CAP Code, recognition rules 2.1 and 2.3 | Whether a post is obviously identifiable as a marketing communication |
| CMA | Consumer protection law | Whether hidden advertising misleads people |
Hidden advertising is harmful and illegal, and fines and directions can be issued directly to those who break consumer protection law (see the hidden ads principles).
What a breach looks like
A worked ruling shows how the recognition test applies in practice.
In the TALA ruling, 51 complainants challenged whether posts for We Are TALA Ltd were obviously identifiable as marketing communications, six ads breached CAP Code rules 2.1 and 2.3 (Recognition of marketing communications), three TikTok posts carried no ad label such as #ad, and the complaints were upheld although the brand argued followers knew the creator owned the business.
The lesson for creators is simple. Audience familiarity with the brand is not a substitute for a label at the point of viewing.
How to label a paid post
The label should be obvious to someone scrolling past, without opening the caption or watching to the end. Five steps cover the common cases.
- Decide whether the post is an adpayment, a commission or a brand that controls the content all point to yes.
- Put the label at the start of the caption, not at the end of a hashtag block.
- Use plain wording such as #ad. Vague tags and abbreviations are easy to miss.
- Repeat the label inside the video or image where the platform layout hides the caption.
- Keep a dated screenshot of the live post for your records.
Platform tools such as a paid partnership label help, but they do not replace wording in the post itself where that wording is needed. Our creator contracts advertising rules guide covers what to fix before you sign.
Gifted items, discounts and affiliate links
A free product given with no conditions may not be an ad. Where the brand expects coverage, or you would not have featured the item otherwise, treat it as an ad and label it.
Our gifted items disclosure rules guide sets out when #gifted is enough and when #ad is safer. A discount code handed over with conditions attached works the same way.
Affiliate links carry the same duty. A commission arrangement is a commercial relationship, so the disclosure belongs before the click, not in a footnote afterwards.
What the contract should say
Put the wording in the agreement, not in a direct message. A good disclosure clause names who writes the label, where it appears and who corrects a post that misses it.
Add two more points to the same clause. Give the creator the right to walk away if a brand asks for a hidden ad. Then set out who pays if a ruling goes against the campaign. The influencer contract clauses checklist covers approval rights and exclusivity as well.
Checklist before you post
- Decide whether the post is an ad, and write down why.
- Place #ad or the platform label upfront, where it is seen at once.
- Check that the label survives a crop, a story format or a muted video.
- Follow your written disclosure policy for corrections.
- Save a dated screenshot of the live post.
