UK ad disclosure: what the CAP Code and ASA require

What to take away

How the CAP Code applies to UK influencer content

The CAP Code is the rulebook written by the Committee of Advertising Practice and enforced by the ASA. Its non-broadcast section covers most influencer marketing, including posts on Instagram, TikTok, YouTube and blogs, because those count as ads when they are paid for or controlled by a brand.

The Code does not set out a single mandatory phrase for ads. Three rules carry the duty. Rule 2.1 requires that marketing communications are obviously identifiable as such. Rule 2.3 requires that they make clear their commercial intent where that is not obvious from the context. Rule 2.4 requires that advertorials are labelled as marketing communications.

That is where the practical duty sits for a UK creator: a follower must be able to tell, instantly, that a post is advertising. A paid label has to land before the reader opens the caption, so #ad at the start, with the platform's paid partnership tag alongside it, is the pattern that works.

Three conditions usually bring a post inside the Code. First, payment or equivalent value passes between brand and creator. Second, the brand exercises control over the content, whether over wording, timing, imagery or approval. Third, the post promotes a product or service in the course of business.

Any one of these can be enough; together they make the case clear.

Gifted items count. A hotel stay, a free skincare set, a discounted rate or a loaned car creates the same labelling duty as cash, because the creator has received something of value in return for coverage.

Affiliate links are covered too. If you earn commission on a sale, the post is advertising even when no brand has paid you directly and no contract exists. The commission is the commercial incentive, and readers are entitled to know about it.

Tools on the platform are of help, yet they do not settle the matter. Instagram's paid partnership tag and TikTok's branded content toggle are useful signals, yet the ASA assesses the whole post: the label, its position, the surrounding language and whether a reasonable viewer would understand the commercial relationship.

Financial promotions sit under a separate regime. If your content promotes investments, credit or insurance, the Financial Conduct Authority's rules may also apply, and the brand usually needs to approve the wording. That sits alongside the CAP Code rather than replacing it.

Data protection runs in parallel. If a campaign involves collecting emails or running a giveaway, the Information Commissioner's Office expects a lawful basis and a clear privacy notice. Disclosure of the ad does not cover that obligation.

For campaigns that run across several nations, a creator contracts disclosure policy helps you keep one labelling standard rather than rewriting it per market. It also gives the brand a document to point to when a post is queried.

What counts as an ad label under ASA guidance

The ASA's own guidance on recognising ads on social media sets out what it expects to see. It is written for creators and brands, and it is the first place to check before you agree wording with a sponsor.

Short, familiar labels work best. The ASA has accepted #ad, #advert, "Advertisement" and "Ad" when they appear clearly. It has also accepted longer forms such as "Advertising" or "Paid ad" where the meaning is unmistakable. What matters is that the average follower reads it as a commercial label, not as part of the caption's personality.

Some labels fail. #sp, #spon, #collab, #partner and #gifted have all been treated as unclear on their own, because many viewers do not know what they mean. A brand name in the handle, or a thank-you to a company, is not a label either.

Language matters as much as the tag. "Thanks to X for the freebie" may disclose a gift, but it does not tell the reader the post is advertising. The ASA wants the commercial nature stated, not merely hinted at.

Placement rules follow from the same principle. The label must be in the post itself, not only in a bio, a link, a hashtag wall or a comment added later. On a video, it should appear in the video or in the caption where it is visible without expanding the text.

The label should also come before or at the point of engagement, not after. A viewer who sees the product shot and the call to action before the label has already been misled, even if the label appears further down.

Repeated content needs repeated labels. Each separate post, story frame, reel or short is assessed on its own. One label on the first story of a series does not cover the rest.

The ASA guidance is not a list of approved hashtags to copy blindly. It is a test of whether the commercial relationship is obvious to the audience. When in doubt, use plain words: "Ad" or "Advertisement" leaves no room for confusion.

Prominent disclosure placement on each major platform

Prominent disclosure placement is the rule that catches most creators out. The label has to be seen before the viewer takes in the promotional content, and each platform hides content in a different way.

On Instagram, the label belongs in the first two lines of the caption, before the "more" cut-off, or on the image itself. In Stories, put it on the frame where the product appears, using text that stays on screen long enough to read. A paid partnership tag alone has not always satisfied the ASA.

On TikTok, the label should be in the video, in the caption's opening words, or both. Captions truncate quickly, so a label at the end of a long caption is effectively hidden. The branded content toggle is a helpful addition, not a substitute.

On YouTube, disclose in the video itself, ideally in the first seconds and again in the description's opening line. A description-only label sits below the fold and below the player, which weakens prominence. Spoken disclosure plus on-screen text is the safest pattern.

On blogs and newsletters, the label belongs above the content, before the reader reaches the recommendation. A disclosure at the foot of a 2,000-word review is not prominent. The same applies to affiliate links: say they are affiliate links before the first one appears.

On X and Threads, put the label in the post text, not in a reply. Threads are read in sequence, so a label in a later post may be missed by anyone who stops at the first.

On Twitch and live streams, state it at the start and repeat it periodically, plus a pinned notice. Live content is consumed in fragments, so a single mention at minute forty reaches almost nobody.

On Pinterest and Snapchat, the same principle holds: label in the pin description or on the creative, and in the snap or story frame where the product is shown, not in a separate message.

A simple test before posting: cover everything below the first screen. If the label has disappeared, the placement is not prominent.

Where ad disclosure goes wrong in practice

The ASA rulings database is public, searchable and free. It is the best source of precedent for UK creators, because each ruling names the advertiser, the platform, the date and the case reference, and sets out the exact failure.

One recurring pattern is the buried label. A platform's paid partnership tag has not, on its own, been enough to make a post obviously identifiable. The ASA looks for wording in the post that states the commercial nature. When a complaint is upheld, the ruling records that the ad must not appear again in that form.

Another pattern is the vague label. Rulings have upheld complaints where a creator used a brand thank-you or an ambiguous hashtag instead of a clear advertising label. The ASA's reasoning is consistent: the label must be understood by an ordinary viewer, not by someone who already knows the jargon.

A third pattern is the missing label on gift-based content. Where a creator received free products or a free experience and posted positively, the ASA has treated the post as an ad and upheld complaints about the absence of a label. The absence of an invoice does not matter.

A fourth pattern is the label that appears only in the comments or only in a bio link. The ASA has treated those as insufficient, because a viewer scrolling the feed never sees them.

A fifth pattern involves claims as well as labels. Rulings have upheld complaints where an influencer made health or beauty claims that the advertiser could not substantiate, even though the post was labelled. Disclosure does not cure a misleading claim.

A sixth pattern is repetition across a series. Where a campaign ran over several posts and only some carried labels, the unlabelled posts were still ads. Each post stands alone.

Reading rulings is worth the time because they show the reasoning, not just the outcome. Search by platform, by sector or by the word "influencer" and you will find cases close to your own campaign. Treat the outcomes as precedent when you draft your next agreement, rather than treating advertising rules as boilerplate.

Affiliate links, gifts and editorial control

Affiliate marketing disclosure under the ASA follows the same logic as paid posts: if you earn from a link, the reader should know. Commission is a commercial incentive, and hiding it makes the content misleading.

The Competition and Markets Authority has published its own guidance for influencers on social media endorsements, and it takes a similar line. The CMA's interest is consumer protection law, which sits alongside the CAP Code. It can act separately where hidden advertising misleads a buyer into a purchase. In practice, a clear label satisfies both.

Editorial control cuts the other way. If a brand approves your script, dictates the shot list or requires specific claims, the content is advertising regardless of payment. Control is the test, and it can exist without money changing hands.

Loans and trips count. A borrowed outfit for an event, a press trip with flights paid, or a complimentary meal in exchange for coverage all create the same duty.

Employee and ambassador posts are covered too. If you work for the brand or hold an ongoing ambassador role, your posts about it are ads, and a simple "I work for X" line may not be enough on its own.

One practical habit: keep a campaign log. Note what you received, from whom, what you agreed to post and where the label went. If a complaint arrives months later, the log is your evidence. It also feeds neatly into a wider set of rules and ethics that should sit behind every brand deal.

Sanctions, Trading Standards referrals and non-compliant advertisers

The ASA has no power to fine. Its range of sanctions against advertisers is reputational and practical, and it escalates when an advertiser ignores a ruling.

The first step is the published ruling itself, which names the advertiser and the ad. The ASA also publishes a non-compliant online advertisers list for advertisers that repeatedly break the rules on their own websites and social channels.

Further sanctions include asking search engines and social platforms to remove or block paid ads, and working with partner bodies where the advertiser is a member of a trade association. For influencers, the practical effect is that a ruling stays searchable under your name.

The strongest lever is a Trading Standards referral. Where an advertiser persistently refuses to comply, the ASA can refer the matter to Trading Standards, which enforces consumer protection law — principally the Consumer Protection from Unfair Trading Regulations 2008 — and can, in serious cases, seek a court order. That is the point where a labelling habit becomes a legal risk.

The ASA also names brands that fail to engage. Some of the highest-profile rulings in recent years have involved well-known companies whose ads were found to be misleading, and the resulting coverage did more damage than the campaign was worth.

For creators, the practical lesson is that the brand carries much of the risk but the creator carries the reputational cost. A ruling naming your account is permanent and easy to find.

If a brand asks you to leave the label off, treat that as a red flag. The request puts you in breach, not them alone, and it is worth documenting in writing.

Drafting ad disclosure wording into your sponsorship agreement

Your contract is where disclosure stops being a vague duty and becomes an instruction. Put the label, its wording, its position and its timing in the agreement itself.

A workable clause does four things. It names the exact label, says where it must appear, sets out who approves the final caption or video, and confirms that the creator will not remove the label at the brand's request.

Here is a worked example you can adapt.

The Creator will label all content produced under this Agreement as advertising. The label shall read '#ad' or 'Advertisement' and shall appear in the first two lines of the caption, on the video itself within the first five seconds, or both. The label shall not be placed only in hashtags, comments, a bio or a link.

The Advertiser shall not request removal or concealment of the label. The Creator shall retain final editorial control over the wording of the label.

Then add the operational detail:

Before you sign, run this checklist:

A final point on records. Keep the signed agreement, the approved captions and screenshots of the published posts. If the ASA receives a complaint, that file answers most of the questions quickly. It also helps with HMRC if the payments are trading income, and with Companies House if you operate through a limited company.

Common questions