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On 6 May, the Advertising Standards Authority (ASA) upheld a ruling on a social media advert that was not identifiable as a commercial marketing communication. The social media post advertised a specific product together with a link that allowed its purchase, and was published by a commercial partner of the advertised brand. When the advertiser has a commercial relationship with the advertised product/brand, the commercial intent of the social media post must be clearly identifiable.
Companies are reminded that promoting a product, where a trader has paid for the promotion, without making it clear in the content, or by images, or sounds clearly identifiable by the consumer (advertorial) is against the law. Falsely claiming or giving the impression that an individual is acting outside of their business purposes, or falsely representing themselves as a consumer failing to identify a commercial intent behind a social media post is also unlawful.
More information can be found on the ASA advice online. Companies can also gain a better understanding of these rules by registering for the CTPA webinar on Social Media Advertising and Working with Influencers running on 9 June at 10.00-11.00.