A recent decision of the Ad Standards Community Panel (case number: 0055-21) has reinforced the need for influencers to clearly identify when a social media post is an advertisement.
Then back to my PJs I go! Wearing: @runawaythelabel.
The thrust of the complaints was that there was no transparency in the post regarding the sponsorship by Runaway The Label.
Advertising shall be clearly distinguishable as such.
These rules were tightened in February 2021 to ensure that advertising content was not disguised as news, independent market research, user-generated content, private blogs or independent reviews.
In short, the panel considered that the advertisement did breach section 2.7 of the Code.
if the answer to the first issue was “yes”, then was the advertising material clearly distinguishable as such.
How does the code define advertising?
That draws the attention of the public in a manner calculated to promote or oppose directly or indirectly a product, service, person, organisation or line of conduct.
Did the material constitute an “advertising or marketing communication”?
The Panel considered that the clear placement of the product in the advertisement and the use of the brand name runawaythelabel did amount to material that would draw the attention of the public in a manner designed to promote the brand. On the issue of whether the advertiser (i.e. Runaway The Label) had a reasonable degree of control, the advertiser did not respond. Nevertheless, the Panel proceeded on the presumption that the post was authorised by the advertiser because Ms Heinrich was a well-known influencer who would be likely to post such material under a commercial arrangement.
Was the material clearly distinguishable as advertising?
The Panel considered the Practice Note to section 2.7 and concluded that while some followers of the influencer may be able to recognise that the post was most likely advertising, there was nothing in the wording of the post and no hashtags which clearly demonstrated that it was advertising material. The Panel considered that tagging the brand on its own was not sufficient to clearly and obviously show that there was an arrangement between the brand and influencer.
What are the key actions to take?
To clearly identify that a paid post is advertising – merely mentioning or tagging the brand will not be sufficient. They must include a tag such as #sponsored, #ad, #advert, #advertising, #brandedcontent, #paidpartnership or #paidpromotion.
To protect brand integrity, businesses should include a requirement in their agreements with influencers that they comply with the Code and specifically the requirement to ensure that each paid post is clearly identified as advertising by using clear language (such as #sponsored, #ad, #advert or #advertising).
