The Content Creator’s Guide To Advertising Compliance In The UK

If you are a content creator, including a blogger, influencer, streamer, celebrity or social media personality, and you promote products or services online, the statements you make may be regulated by advertising and consumer protection laws. In the UK, content creators who fail to comply with these rules may be publicly named by the Advertising Standards Authority (ASA), which can cause lasting damage to their reputation and credibility. It can lead to platform penalties, regulatory scrutiny and in some cases personal liability and fines. 

In this article, we outline the key legal obligations content creators need to be aware of when promoting products or services online and set out the practical steps you can take to make sure your content is compliant.

What rules apply?

There are a number of rules that may apply to your content, depending on the circumstances. Two in particular are worth knowing about.

The first is the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing, known as the CAP Code. This is enforced by the ASA and applies to most forms of influencer marketing. The Code is divided into sections covering different topics: Section 2 deals with how ads must be recognisable as ads, and Section 3 sets out certain rules advertisers must follow.

The second is the Consumer Protection from Unfair Trading Regulations 2008, enforced by the Competition and Markets Authority (CMA). These regulations make certain unfair commercial practices unlawful. In the context of influencer marketing, this includes, for example, using content to promote a product where payment has been made for that promotion without making it clear to the audience, falsely giving the impression that you are acting as an ordinary consumer when you are in fact acting for commercial purposes, or hiding material information, such as failing to mention that you are a brand ambassador for a product you are posting about.

These rules apply across all content formats, including photos, videos, reels, stories, carousels, podcasts and any other online posts.

Who do these rules apply to?

The rules apply to any content creator who has been incentivised in any way to promote a brand or product. Being incentivised includes any of the following:

• Paid posts and sponsored content
• Gifted products or services, even where there is no obligation to post
• Discount codes, affiliate links and commission arrangements
• Event invitations, press trips and PR stays
• Promoting your own brand or one owned by a family member or friend
• Product loans or leases on favourable terms

This means that when a brand gives you any form of payment, any posts you then make promoting that brand or its products and services become subject to the CAP Code and consumer protection law, and will be considered advertising. As noted in the examples, payment is not limited to money, and also includes a free loan of a product or service, a free product or service whether you requested it or it was sent to you unsolicited, and any other incentive of any kind.

Can your audience tell it’s an ad?

Because influencers and content creators regularly post about their lives and day to day activities on social media, commercial content can easily blend in with ordinary posts. This makes it less likely that your audience will recognise when something is an ad from context alone, which is why you need to make a deliberate effort to make it obvious.

The rules are clear: your audience must be able to tell that something is an ad without having to click on it, interact with it or do any work to figure it out. If it is not obvious, a clear and prominent disclosure is required. Both the ASA and the CMA advise using labels that say what they mean in a way consumers will understand. Acceptable labels include:

• Ad
• Advert
• Advertising
• Advertisement
• Advertisement Feature

The label must be visible from the moment someone engages with your content. They should not need to scroll, resize their screen, or visit your profile to find it.

For videos and podcasts, disclosure must come at the beginning, not the end. For carousels, each slide containing promotional content needs its own label. A single disclosure on the first slide is not enough.

Labels to avoid

Some labels are riskier and we generally recommend avoiding them. Although it will always depend on the wider content and context, the following are usually considered unclear or ambiguous and are not an acceptable substitute for proper disclosure:

• #gift / #gifted
• #spon / #sponsored
• #aff / #affiliate
• #collab
• #PRTrip / #PRStay / #PR Haul
• “Funded by” / “In association with” / “Supported by” / “Made possible by”
• Simply tagging the brand
• “Thanks to [brand] for making this possible”

If you are in any doubt, use “Ad.”

Accuracy and honesty

Obviously, the content must also be honest and accurate. You should not claim to have used a product you have not, or make claims you cannot personally verify. Environmental claims such as “eco-friendly” or “sustainable”, or other performance or technical claims, must be capable of being substantiated and can be challenged by both regulators and competitors.

Making false or unsubstantiated claims can expose you under both the CAP Code and consumer protection law, regardless of whether the content was properly labelled as an ad.

What about platform rules?

As well as the CAP Code and consumer protection law, major platforms have their own disclosure requirements.

Instagram and Facebook require creators to use the “Paid Partnership” label for sponsored content, activated through the branded content tool. However, the ASA has noted this label alone may not always be sufficient, so you should also include a written “Ad” disclosure in a clear, prominent position.

TikTok has a built-in “Branded Content” toggle that must be switched on for any paid or gifted posts. Its community guidelines also have specific rules, including requiring clear disclosure of any commercial relationship.

YouTube requires creators to tick a disclosure box in video settings and include a verbal or on-screen disclosure at the start of the video.

Non-compliance can result in content being removed, your account being restricted, and, depending on the severity, referral to regulators.

What happens if you get it wrong?

Enforcement in this area has increased in recent years. Failure to comply can result in:

• Enforcement action by the CMA or local Trading Standards authorities
• Personal liability for the creator, including fines
• Being publicly named by the ASA for breaches of the CAP Code

Platforms can also remove or restrict content, limit your reach, or suspend your account entirely, which can have a serious impact on your income and audience. In parallel, brands can hold creators contractually liable for non-compliant content, meaning you may face a claim even if no regulator or platform takes action.

Practical Checklist

Before you post any promotional content, ask yourself:

• Have I received any form of incentive in connection with this post, including payment, a gift, commission, a discount or a product loan?
• Is the word “Ad” or “Advert” visible immediately when someone opens or plays this content?
• Is the label prominent and not buried among other hashtags or hidden behind a click?
• If this is a video or podcast, did I include the disclosure at the start?
• If this is a carousel, does each promotional slide carry its own label?
• Have I switched on the relevant platform disclosure tool?
• Are all the claims I am making ones I can honestly and personally verify?

If the answer to any of these is no, you should revise the content before publishing.

How We Can Help

Our team advises businesses and individuals on advertising compliance, from reviewing campaigns before publication to responding to ASA complaints. If you need advice or guidance, we would be glad to help. Please get in touch.