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Legal, decent, honest and truthfulAn Influencer’s Guide tomaking clear that adsare ads
Legal, decent, honest and truthfulTable ofcontentsWho are you?What are the rules?What counts as an ad?- Affiliate marketing- AdvertorialWhat counts as ‘payment’ for advertorial content?What counts as ‘control’ for advertorial content? What if there’s ‘payment’ but no ‘control’?How do I make clear that ads are ads?What are the CMA’s requirements?What else do I need to remember?Infographic: Is my post an ad and do I need to label it?What happens when someone complains to the ASA?Where can I get help?– CAPWhere can I get help?– CMAWhere can I get help – More12345678911121314161718
Legal, decent, honest and truthful1Whoare you? The Committee of Advertising Practice (CAP), whose members represent advertisers, media owners and agencies, is responsible for writing the Ad Codes.The Advertising Standards Authority (ASA)is the UK’s advertising regulator. The ASAmakes sure ads across UK media stick to the advertising rules (the Ad Codes).The Competition and Markets Authority (CMA)is the UK’s primary competition and consumer authority. We are an independent non-ministerial government department with responsibility for carrying out investigations into mergers, markets and the regulated industries and enforcing competition and consumer law.If we have concerns that a market or business practice may be harming consumerswe can investigate and take legal action to stop it.For more information on the CMA see our homepage.Together, we work to make ads responsible. We do this by taking action against misleading, harmful or offensive advertising and providing advice and training to help businesses get their ads right.
Legal, decent, honest and truthful2What are the rules?There are lots of rules that could apply, depending on the circumstances, but it’s worth paying particular attention to the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing(the CAP Code) and the Consumer Protectionfrom Unfair Trading Regulations 2008 (CPRs). This makes ‘unfair commercial practices’, including using ‘editorial content in the media to promote a product where atrader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial)’ againstthe law. Other practices which may break the law are falsely claiming or giving the impression that an individual is acting outside of their business purposes orfalsely representing themselvesas a consumer; failing to identifya commercial intent behind a social media post; and omittingor hiding ‘material’ information.The CAP Code, enforced by the ASA, applies to most forms of influencer marketing. Just because an ad is covered by the Code, this doesn’t mean it’s a problem – it just needs to follow the rules. The Code is broken up into sections containing rules that relate to different subjects.

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