Developments in the regulation of digital advertising - #ad

12 minute read
22 April 2024


During our advertising law seminar in January 2024, the team discussed some of the latest developments in the regulation of digital advertising – starting with the regulator's position when it comes to influencer marketing and the need for #ad. 

Historically, the Advertising Standards Authority (ASA) did not require influencers to label their content as #ad if the brand didn't have control over the content. For example, if a brand sent an influencer a gift or free products with the hope they would post about it, but with no strings attached, then that content would not need to be labelled as #ad.

The Competition and Markets Authority (CMA) has now closed that loophole with renewed guidance. Now – whenever a brand incentivises an influencer to promote its brand or products or an influencer is otherwise personally or commercially connected to the brand, then that content must be labelled as advertising.

Listen in to find out more about the changes, what happens if an influencer fails to use #ad and what brands can do.

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