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Online content creators, such as bloggers, influencers, online streamers, celebrities and social media personalities, can have a big impact on a customer鈥檚 buying behaviour.聽

If you use hidden ads or otherwise engage in misleading practices, you may be in breach of consumer protection law and face a substantial fine. It may also mean you could be breaking industry rules on advertising, which are enforced by the . Non-compliant content creators鈥痗an be for not abiding by advertising rules.

If you鈥檝e been incentivised in any way to promote a brand or product in your social media content, it鈥檚 important that all this content is clearly identifiable as an ad (or advertising), and reflects your genuine experience.

This rule applies to any content including:

• photos (including carousels)聽
• 惫颈诲别辞蝉听
• 谤别别濒蝉听
• 蝉迟辞谤颈别蝉听
• 辫辞诲肠补蝉迟蝉听
• other posts online

This includes where you鈥檝e been paid to post content, received a gift, or posted content about your own business.聽

If you鈥檙e creating content for an online audience, whenever you鈥檝e been incentivised to post, it must be clearly labelled as an advert or ad, and be based on your genuine experience.

This includes:聽

• 补诲蝉听
• 别苍诲辞谤蝉别尘别苍迟蝉听
• commercial relationships, including sponsorships聽
• competitions, prize draws or giveaways聽
• affiliated links or programmes聽
• discount codes聽
• business partnerships聽
• own brand promotions聽
• product placement聽
• 谤别惫颈别飞蝉听
• content about gifts received for 鈥榝ree鈥�

Working with others

This guidance applies to both formal agreements, such as written contracts or other agreements, and to more informal arrangements, including verbal or other situations where you鈥檝e been incentivised to promote, endorse or review a product.

It also includes businesses sending products or invites to events without asking for anything in return (鈥榝reebies鈥� or 鈥榞ifts鈥�). It also applies where you post content about your own business too.聽

Everyone involved in creating content like this on social media must take responsibility to ensure all ads are labelled correctly.

Any form of incentive or reward 鈥� including money, commissions, discounts, leases or loans free of charge or in more favourable terms than those offered to the general public, gifts of any products 鈥� is payment.

Avoid misleading your audience

Hidden ads are illegal and harmful as they can persuade people to buy things they might not usually buy if they鈥檇 known that the content was not a non-biased opinion, review or recommendation.聽

Posting about products or brands without labelling them as an ad can mislead your audience if you give the impression that you:

• are a consumer when in fact you鈥檙e acting for your own businesses鈥� purposes, or on behalf of a brand (Brand Ambassador)聽

• have bought something, when this was given to you as a gift or on a loan聽

• have used the product yourself when you haven鈥檛聽

• have claimed something in the content that you don鈥檛 know is true

It鈥檚 a problem, and illegal, if you give the impression that any results you鈥檝e claimed on social media are ones you鈥檝e achieved or experienced first-hand when you鈥檝e in fact been paid in some way to say it.

The content must also not make false or unsupported statements. For example, do not say that something tastes good, washes well, etc if you have not tried it.聽聽

Don鈥檛 claim something is eco-friendly if you can鈥檛 prove it. If you are trying to demonstrate the benefits of a beauty product don鈥檛 exaggerate the results through a video or photo filter on the platform.

Labelling ads

All commercial content must be correctly labelled and clearly identifiable as an ad. This also includes where you post about any gifts you鈥檝e received, even if there鈥檚 no obligation for you to do anything with it.聽

To do this, all labels must be clear, prominent and easy to understand. It is not enough just to tag a brand in your post, use discount codes or affiliate links.

Easy to understand and easily defined (transparent and unambiguous)

You should use a label that clearly identifies your content as an ad, or advert, such as:聽

• ad
• 补诲惫别谤迟听
• 鈥楢顿鈥櫬�
• 补诲惫别谤迟颈蝉颈苍驳听
• advertisement

The above image is an example of a post, which in the CMA鈥檚 view, would likely comply with the requirements of consumer protection law.聽

Some platforms have tools to label content automatically, like 鈥榩aid partnership鈥� or 鈥榖randed content鈥�. You can also use these provided the label is clear and easy to see or access.聽

You should consider whether the labelling tool clearly conveys that the content is an ad; if not, you should include the label #Ad in a clear, upfront position.

Words to avoid

You should avoid unclear or ambiguous terms such as:聽

• 鈥�#驳颈蹿迟鈥�
• 鈥�#驳颈蹿迟别诲鈥櫬�
• 鈥�#补蹿蹿鈥櫬�
• 鈥�#补蹿蹿颈濒颈补迟别鈥�
• 鈥�#肠辞濒濒补产鈥櫬�
• 鈥�#笔搁罢谤颈辫鈥櫬�
• 鈥�#蝉辫辞苍鈥櫬�
• 鈥�#蝉辫辞苍蝉辞谤别诲鈥�
• 鈥楩unded by鈥櫬�
• 鈥業n association with鈥櫬�
• 鈥榤ade possible by鈥櫬�
• 鈥榤y products鈥櫬�
• 尘测产谤补苍诲鈥櫬�
• 鈥榦飞苍产谤补苍诲鈥櫬�
• 鈥楶R Haul鈥櫬�
• 鈥楶R Stay鈥櫬�
• 鈥榯hank you鈥櫬�
• or just naming the brand

Clearly shown in posts (prominent)

Your audience should be able to understand that your content is an ad, as soon as they access or engage with it, regardless of the format or media used.聽

Disclosure labels should not be hidden or buried in many other hashtags or poorly contrasted with the content background.聽

It must be immediately clear that your content is an ad. Your audience should not have to:

• scroll or select the link for more information聽
• re-size the screen on a device to access the content聽
• study the content carefully to see the disclosure聽
• access your profile page or bio聽
• already be aware of previous content you鈥檝e posted

If they do, you will need to adjust or edit your content to ensure your audience can recognise it鈥檚 an ad.

Ad is obvious from the first interaction (timely)

All promotional content should be labelled as advertising, and this must be obvious as soon as anyone engages with the content.聽

This includes content such as podcasts or videos, where the disclosure for ads must be given at the beginning of the ad.聽

If you use carousels (video or photos), or sequences where your audience can access individual posts: you must also label each item that contains promotional messaging.

Working with multiple brands

You should be clear which brands you鈥檙e advertising for in your post.

Your own brand or products

If you own (in full, co-own or in part), or are employed by or otherwise connected with a brand and use your social media account to promote it or its products, you must make this known and clearly label these posts as ads. If you are promoting any brand that you, your family, or your friends own, it needs to disclosed as advertising.

You should not rely on your bio, previous posts or selecting links for more information for your followers to discover what relationship you have with the brand you鈥檙e promoting or advertising. This should be clear from the face of the content.

The above image is an example of a video endorsement, which in the CMA鈥檚 view, would likely comply with the requirements of consumer protection law.

More information

You could face enforcement action from the CMA, local authority Trading Standards Services, or the Department for the Economy in Northern Ireland if your content misleads consumers.

For more guidance, see:

• CMA guidance collection on聽online reviews and endorsements and the CMA鈥檚 case finder, for detail on previous and ongoing casework

• CMA guidance on unfair commercial practices

• CMA guidance on fake reviews

• The Committee of Advertising Practice (CAP) and CMA 聽explains how to comply with consumer protection law and the Advertising Codes enforced by the ASA. You can also visit on this topic.

• ASA research on聽

These materials do not constitute legal advice and should not be relied upon as such.