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On 4 November 2020, the Advertising Standards Authority upheld a ruling against an influencer social media post that was not clearly labelled as marketing communication. Despite the brand not having editorial power on the social media post and the influencer not getting paid for the promotional advert, the influencer and the brand were under a legal contract detailing the partnership and the content of the social media posts. The ASA deemed the legal contract and its details enough to classify the social media post as an ad that has to be labelled according to the CAP Code.
Companies are reminded to keep the social media labelling rules in mind, when advertising outside of their branded website or social media account, and when working with influencers.
