ASA and CMA's Updated Influencer Guide Addresses More Nuanced Disclosure Scenarios
Source: Advertising Standards Authority
The Advertising Standards Authority (ASA), in collaboration with the Competition and Markets Authority (CMA), has released the third edition of their Influencers' Guide to Making Clear That Ads Are Ads, a guide that helps influencers understand how to disclose sponsored content properly. This edition incorporates feedback from various stakeholders, including with highlights being:
Reinforcement that #AD is the best form of disclosure.
Disclosure is required for paid partnerships, gifted experiences, products, ambassadorship (paid and non-paid), affiliate links, and when there is a commercial connection to a brand (shareholder, director, owner), as well as for brands with personal connections, such as friends and family.
A flowchart takes influencers through different types of scenarios for when they may or may not need to disclose content, along with links to relevant resources.
The updated guidelines take a more aggressive approach towards when, what, and how influencers should use disclosure. It addresses nuanced situations, such as when creators promote their own companies or companies in which they have equity, reflecting the growing list of creator-brand relationships. While the guide is primarily directed towards influencers, brands, agencies, and talent managers should also take the time to review it, especially since the guidelines can vary by region and are frequently updated as the industry evolves.
Although the guidelines make sense, enforcement at scale remains a question. The ASA has sanctioned influencers for not following guidelines, but without the assistance of social media platforms, it will be challenging to enforce them widely.
