The latest news from the ASA, Advertising Standards Authority, is that they are to name influencers who repeatedly violate the rules. If you are paid or promote items that have been given to you, known as gifted, this needs to be declared. However, the rules are not always followed. As such, the ASA name and shame influencers who repeatedly break the rules.
Earlier this year, the ASA revealed the widespread failures of influencers. And, as someone who knows the legislation, it infuriates me when I can see products being promoted and the advert not revealed. Or it is hidden or put in the wrong place.
Let’s recap. What are the rules?
Just in case you don’t know. Using social media and Instagram is a great way to make money on Instagram. Above all, it is essential to appropriately disclose sponsorship or affiliate links. The ad rules are clear: it must be obvious to consumers before they read, ‘like’, or otherwise interact with the social media post. The most straightforward way of communicating the commercial nature is to use the below as the first word of the post. Alternatively, you can use the platform’s tools, such as Instagram’s Paid Partnership, to help distinguish advertising.
Ad
#Ad
Advert
Advertisement
Ad | Affiliate
This post contains affiliate links
#Ad #Affiliate
Highlighting individual influencers
A dedicated page on the ASA’s home website has been set up to highlight individual social media influencers who have continued to break the rules. This is after being put on notice after repeatedly failing to disclose when their Instagram posts are ads.
The posts need to be appropriately disclosed on stories, posts and reels. In the latest influencer monitoring report, the rules are only being followed 35% of the time. That number is ridiculously low! The first four to be added to the list are Chloe Ferry, Chloe Khan, Jodie Marsh and Lucy Mecklenburgh. Meaning they either failed to provide assurance or subsequently broke their word. Other influencers will be added over time.
The named influencers will be on the webpage for three months and subject to a period of enhanced monitoring. If they continue to break the rules, the ASA has said they will take ads against them. I personally think this is the wrong thing to do, as it will give them further PR. Some brands will even want to jump on the back of this. The people who buy the products they are promoting don’t really care that the influencers haven’t declared properly.
Other sanctions will include working with social media platforms to get their content removed. Or referring them to statutory bodies for possible fines. This is more like it! If your pocket is being hurt, you’re going to follow the rules.
ASA Chief Executive, Guy Parker says:
“We prefer to work with influencers and brands to help them stick to the rules, but the first influencers to be named on this list have been given every opportunity to treat people fairly about their ads. It’s not difficult: be upfront and clear when posts and Stories are ads. If this doesn’t bring about the changes we expect, we won’t hesitate to consider further sanctions.”
What about micro-influencers?
For instance, whilst I’m glad the ASA are moving in the right direction, they are focusing on celebrities. Any of us could log onto Facebook or Instagram now and see a series of micro-influencers doing this incorrectly. As they don’t have serious numbers and tabloid headlines, they can slip under the radar.
I know why they do it too. Many influencers see their engagement rates lower when they use Ad. So, will push the rules and put the disclosure in the wrong place, or not at all. It is easy to get away with non compliance.
Of course, if you have been paid for the campaign, you want the post to perform well. I often feel guilty if a collaboration doesn’t do as well as some of my other posts. However, brands and marketing or PR companies know this will be the case and have booked you anyway. It’s all about awareness and reaching a wider audience.
Do you follow the rules?
In conclusion, I’m glad there has been progress. Hopefully, the ASA name and shame influencers who repeatedly break the rules going forward. But, there is some way to go.
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