Steven Mather Solicitor in Leicester

#ad Influencer Marketing – Advertising Standards clamping down on rule breaking

Young female vlogger recording content for her online fashion channel on social media, giving fashion advice

On 18 March 2021, the ASA published a report entitled Influencer Ad Disclosure on Social Media, which sets out the findings of a three-week compliance monitoring exercise undertaken in September 2020. The ASA monitored the accounts of 122 influencers it had previously contacted, assessing over 24,000 Instagram stories. It found that nearly one in four stories was advertising, but only 35% of them were clearly labelled and obviously identifiable as such. This was despite the ASA’s efforts to educate the industry. Particular issues were:

The ASA has put the influencers and some of the brands they promote on notice that if future checks on any platform reveal problems, it will take enforcement action. This may include promoting such non-compliance on a dedicated page on its website, or through its own targeted paid search ads on platforms. The ASA also intends to work directly with the Competition and Markets Authority (CMA) on further enforcement action. The CMA’s own work in this area includes securing undertakings from Facebook (the owner of Instagram) that it will do more to prevent “hidden advertising” being posted on its Instagram platform.

If you’re an influencer seeking legal advice on influencer advertising, or just a lawyer to help your business with issues you face, get in touch.

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