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Guide to
making clear
that ads
are ads
contents
What are the rules? 2
- Affiliate marketing 4
- Advertorial 5
the rules?
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 Protection
from Unfair Trading Regulations 2008 (CPRs).
as an ad?
When your content promotes Obviously, if all of the content
particular products or services is about affiliate-linked
and contains a hyperlink or products, the whole thing’s
discount code that means an ad and you’ll need to make
– Affiliate
you get paid for every ‘click- clear upfront that the whole
through’ or sale that can be of the content is advertising.
tracked back to your content, For affiliate ads, you are
this counts as advertising. effectively acting as a
secondary advertiser so you
marketing
If there are affiliate links or need to make sure that your
discount codes for only some content follows all of the
of the products mentioned relevant rules, not just the
in your content, and the rest ones on making clear that
you’ve mentioned in a purely it’s advertising.
editorial capacity (i.e. there’s
no affiliate link), then only the
bits of the content that relate
to affiliate-linked products are
For affiliate ads, ads, rather than the post as a
you are effectively whole. In that case, you only
acting as a secondary need to make clear that those
bits are advertising.
advertiser so you need
to make sure that your
content follows all of
the relevant rules...
But this isn’t the only type There’s nothing wrong with
of arrangement that counts. getting paid to create content
...products, gifts, services, trips, hotel If you have any sort of and this alone doesn’t make
commercial relationship with it an ad for the purposes of
stays etc. for free, this is all likely to the brand, such as being the CAP Code; the brand also
qualify as a ‘payment’ paid to be an ambassador, needs to have some sort of
or you’re given products, gifts, control over the content.
services, trips, hotel stays
etc. for free, this is all likely to
qualify as ‘a payment [or other
reciprocal arrangement]’.
counts as
influencer’s post will usually depend on the
agreement you have with them. As a rule of
thumb, if you weren’t completely free to do and
‘control’ for
say whatever you wanted whenever you wanted,
then there could have been some level of editorial
‘control’ by the brand.
advertorial
The simplest way for a brand Requiring you to post a specific
to ‘control’ the content is by number of times, on certain
telling you what you have to dates or at particular times
content?
say, e.g. if there are particular could also count as ‘control’.
words, phrases, themes or
‘key messages’ you need to If a brand reserves the right
include, or you have to use to check/approve the content
a particular hashtag. before it’s posted and/or to
ask you to change it, this could
This doesn’t just apply to text similarly count as ‘control’.
or words – if the brand has They don’t need to actually
specified what needs to be ask for changes – if they could,
in an image, required you to and you would have to do it
include a specific action in a (e.g. they could stop you from
video or specified the type of posting), that’s enough.
content you need to create (e.g.
‘unboxing’ the featured product),
this is likely to count as ‘control’.
but no
gifts/freebies), but it isn’t as part of an affiliate
arrangement and the brand doesn’t have any
‘control’ of what (or even if) you post, it’s unlikely
‘control’?
that the content will count as advertising under
the CAP Code.
I make it
identifiable as such’. This means that consumers
should be able to recognise that something is an
ad, without having to click or otherwise interact
clear that
with it. Since it needs to be ‘obvious’, consumers
shouldn’t have to work too hard to figure it out.
AD
mean in the title, thumbnail or
on an image (if that’s all people
see at first).
START
Is the post advertising Y
your own products,
services or events?
N
Y
Does the brand have It's an ad under the Is it clear that it's an
final approval before UK advertising rules! ad (whether 'affiliate'
you post it or have they Y Is it immediately obvious or 'native'), rather
It sounds unlikely than just sponsored
reserved the right to that it's an ad, before
the post will be
tell you to change it? people click on it? editorial content?
considered an ad under
the Code, so you N N N Y
probably don't need
to label it.
www.cap.org.uk
13 Legal, decent, honest and truthful
What happens
when someone
complains Every complaint the ASA receives is assessed
against the Ad Codes. Many don’t raise any issues
to the ASA?
or give the ASA a reason to contact you or to
investigate further, and in those cases they just
dismiss the complaint. If they need more information
in order to work out whether there’s a problem,
someone will get in touch with you and the brand.
I get help?
There’s loads of free advice Fancy receiving topical tips
on our website. Why not and guidance updates direct
try searching our Advice to your inbox? Go ahead
Online database? We’ve got and sign up to our Insight
– CAP
guidance on various topics e-Newsletter.
– from alcohol to weight loss
claims and everything
in between.
Tailored Advice
Want to ask a question or
sense-check your idea or
Online & Face-to-face content before you post it?
Training Contact our Copy Advice
We offer Advice:am seminars team, either on 020 7492
and eLearning modules on a 2100 or through the website.
wide range of topics, including It’s free and usually takes
social media. Keep an eye out 24 hours.
for our webinars too!
You can also follow us (@CAP_UK) on Twitter for the latest news
and guidance updates.
I get help?
– CMA For more advice and information from the CMA, see the resources below;
– More
Bureau (IAB) UK, the of British Advertisers
trade association for digital (ISBA), the organisation
advertising representing that represents major
brands, media owners, brands, has created a set
technology providers and of template contractual
agencies has created Good terms for the industry
Practice Guidelines and that influencers and
an infographic to help you brands alike can use to
work out when and how ensure proper commercial
to disclose content-based relationships including
and native advertising; clauses that address
labelling of content;
Content & Native Disclosure
Good Practice Influencer Marketing
Management Resources
‘Do I Need to Disclose?’
Infographic