In the past 20 years, social media has gone from niche “computer stuff” that confused your parents to some of the world’s most valuable companies. Once businesses tapped into the commercial potential of these websites, their influence on our daily lives exploded. Toilet breaks haven’t been the same since!
Influencer marketing is a significant aspect of this and the industry is booming. But despite the ease of influencer marketing, there are still pitfalls that can derail even the most viral of posts. Disclosure issues, misleading claims or even offensive ads still reach our inbox on a daily basis. Avoid your ad trending for the wrong reasons with our top tips and advice.
#ad does a lot of heavy lifting
It doesn’t matter how many likes, upvotes views or comments your post gets. If it’s an ad, disclosure is vital because consumers have the right to know when they are being advertised to.
However you disclosure your ads, the key principle is that the post needs to make clear to consumers that the content they are viewing is marketing material. Whilst '#ad' isn't the only way, we recommend it as it’s the easiest way and simplest way to go about this.
Don’t try and be sneaky - sticking disclosure at the end of the post so consumers can only see it once they’ve interacted with your ad isn’t acceptable. #Gifted, #aff or affiliate or “I work with them” have all been ruled to be inadequate as labels. The disclosure can’t be hidden or in tiny font or obscured so consumers will struggle to see. CAP has boatloads of advice and guidance for influencers regardless of how many subs or followers they have. Repeatedly failing to #ad can escalate into a whole heap of issues.
Disclosure needed? Yes. No. Maybe. I don’t know. Can you repeat the question?
If #ad is the ‘how’, lets discuss the ‘when’. Free gifts and samples are classic promotional techniques, and just because you’ve been given a something for free, it doesn’t always mean you need to disclose any consequent posts as an ad.
The ASA deploys two tests that must both be met. Payment and editorial control. Payment, seemingly straightforward and obviously includes free gifts and money. However, it may also include discounts, referral code payments or even potentially any conferred benefits such as guaranteed access to limited edition products, tickets to an event or even a donation to charity in your name. Editorial control depends on the specifics, but if a brand has any control over the post, the post needs to be labelled. If brands have final approval of a post, the right to edit posts, a script to follow or a specific slogan or hashtag for example, that is likely enough to satisfy the test.
Brand ambassadors should be especially vigilant. A contractual agreement will almost always involve an agreement to post content in return for some form of payment which satisfies both tests. Disclosure is like an umbrella; it’s better to have it and not need it than be left standing in the rain!
There's nothing on Earth like a genuine, bona-fide, electrified, six-car monorail!
Budding influencers may have their advertising disclosure up to snuff, but all the other rules still apply too! Your own monorail ad might have ‘#ad’ upfront and prominent, but the rest of the ad must comply with the CAP Code generally.
A common issue that leads to derailments is misleadingness. Though the rules on this can be complex, the general spirit comes down to not misleading your customers. Omitting material information, making unsubstantiated claims and showing misleading comparisons with competitors are all common issues at the CAP offices. You might not end up like Lyle Lanley, but misleading advertisers face a wide range of sanctions; including potential referrals to Trading Standards.
There’s misleading ads and then there’s illegal ads
It may seem obvious, but influencers must follow all UK laws, not just the advertising rules. Here at CAP, we often see influencers market prescription-only medicines (POMS). Not only is this a breach of the CAP Code, advertising POMs is also a breach of the Human Medicines Regulations 2012 (HMRs). Botox, B12 Injections, Weight-loss injections are all common ads for influencers to promote on social media despite the advertising of POMs being illegal.
Influencers promoting vapes or other tobacco-adjacent products need to be careful to avoid their ads going up in smoke. Promoting e-scooters on public roads quickly drain your ads batteries. Ads for unlicensed medicines will make your followers feel under the weather. Influencers promoting products in relation to cancer treatment risk prosecution and a criminal record. Anyone looking to keep their follower count healthy should check our website and guidance to keep their ads from becoming front page news for all the wrong reasons.
“Be sure to tune in next time by hitting that subscribe button”
Invite our Copy Advice team into your next post. Filled with expert help and guidance, our team can help with the positive vibes. The ASA website is bursting with other advice and guidance for any budding or established influencer. With our help, you can keep up the #fyp without needing to #apologyvideo.
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