If you follow me on social media, you might know I’ve been trying to educate PR teams/brand ambassadors of small business in the stationery world. This is somethng that I have been doing for years now. I wanted them to understand how to comply with the UK’s advertising rules, which came into effect in January 2019.
But to be honest I got a lot of shit for harping on at people about actually disclosing when they had been given something to the promote. Or that they may have a discount code to buy stuff from the business to then share with their followers.
Back then, the Competition and Markets Authority (CMA) and the Advertising Standards Authority (ASA) published a list of ‘things influencers need to do.’ I shared this with a lot of people across multiple platforms from Instgram stories to Facebook Groups. A few of the things on that list included:
- Say when you’ve been paid, given, or loaned things. In other words, if you received anything of value (money, free products, discounts, a hotel stay, etc.), you need to declare it.
- Be clear about your relationship with brands. This covers any material connection – whether you’re paid, gifted, an employee, a share-holder, or even if it’s your own brand or a friend’s business. If there’s a tie to the brand, be upfront about it.
- Don’t be misleading. Never make it seem like a genuine, unbiased opinion if it’s actually part of a commercial deal.
- Disclose in a way that is honest, transparent, easy to understand, and unambiguous. No jargon or confusing terms – your audience shouldn’t need a decoder to know it’s an ad.
- Make sure the disclosure is prominent and upfront. The notification that it’s an ad should be immediate – people shouldn’t have to click ‘See more’ or hunt through hashtags to find it.
Since then, I’ve done my best to show what’s acceptable and what’s not. Because I still see people burying things in hashtags, comments or not disclosing at all. But the inverse is also true. There are more people actually doing it correctly and I’m always super happy when I see an influencer that I love actually disclosing correctly. Yes I’m a nerd, get over it, those things do make me happy.
Quick note: this isn’t legal advice – I’m not a lawyer, just a marketer familiar with these rules. And it’s accurate to the best of my knowledge in May 2025. It turns out plenty of shops and influencers don’t think about these requirements, or aren’t even aware of them.
As an influencer, you usually create advertorial content – posts you make for a brand and share on your own channels to your own audiece. The ASA counts it as an ad when two things happen:
- The brand has paid you, either in money or ‘in kind’ (free products, gifts, discounts, a free trip, etc.).
- The brand has some control over the content (for example, they dictated when/how often you should post, required specific hashtags or messaging, or insisted on approving content before you publish).
If both those apply, it’s officially an advertisement in the eyes of the ASA/CAP Code. You might be thinking, What does control look like in practice?’ It could be as simple as the brand telling you when to post, or how many times. They might ask you to include certain hashtags. Or request a specific type of post—like an unboxing or a haul. If they shape your content in any way, that counts as control. All of that counts as editorial control.
So how should you disclose ads? The CMA/ASA guidelines say your disclosure should be:
- Transparent (nothing hidden or sneaky),
- Easy to understand (crystal clear to the average person),
- Unambiguous (no doubt that it’s an ad),
- Timely (as soon as someone sees the content, they know it’s an ad), and
- Prominent and upfront (hard to miss, at the beginning of the content).
According to the CAP Code (the UK advertising rulebook), an ad ‘must be obviously identifiable as such.’ That makes sense – anyone looking at your post should instantly recognize it as advertising. Don’t tuck the disclosure behind a ‘See more’ cut, bury it at the end of a caption, hide it in the comments, or lose it in a wall of hashtags. In short, no hiding the label – it needs to be the first thing people notice.
That’s the crash course on the rules that govern influencer marketing content. Yes – if you’re promoting products to others, you are an influencer (even if you don’t have millions of followers), and these rules apply. Since January 2019, I’ve gotten a lot of comments and questions about being a PR person/team member/ambassador for a smaller business. Let’s go through some of those FAQs and how you can comply with the law under the latest guidelines.
‘The business is not in the UK. I don’t have to mark my posts!’
Well, yes, you do. Live in the UK or aim your content at UK consumers? Then UK law controls your advertising—no matter where the brand comes from. You must make it instantly clear to your followers that the post is an ad. Just because the shop is overseas does not exempt you from following UK advertising laws. In the ASA’s view, a UK influencer promoting something is subject to UK rules on advertising disclosure.
Side note: If you’re outside the UK, check your own country’s influencer laws. Most places have them.
For example, the FTC in the US has clear rules on how to label sponsored posts. Norway even requires you to disclose if you’ve Photoshopped images of people. The principles are similar: transparency is key.
‘I mark my post in the comments as an #ad so I am covered.’
No, you are not. Putting ‘#ad’ in a comment (or anywhere that’s not immediately visible) is incredibly misleading. Why? It tricks people into thinking your post is just a regular, organic post. When in fact it’s advertising. Both the CAP Code and consumer protection law say that ads must be obviously identifiable as ads. If someone has to click ‘See more’ or dig into the comments to find a disclosure, then it’s not compliant. The ad declaration needs to hit the viewer before or at the same time as they see the promotional content – not afterward.
Think of it like this—if a magazine disguised an ad as an article and only revealed it with a tiny ‘advertisement’ tag after you turned the page, that would be a problem. It’s the same on social media. Always put your #Ad in the caption or content itself, where it’s upfront. Don’t rely on writing ‘#ad’ as a comment, in a subtitle, or anywhere that isn’t immediately visible without extra clicks.
The ASA has explicitly ruled that a disclosure that only appears after a user clicks ‘See more’ is not adequate. So make sure that label is right at the start of your post caption or clearly on the image/video.
‘I have marked my posts/stories as #PR – that’s fine’
No, that’s not sufficient in the eyes of the ASA or CMA. Using #PR, #gifted, or similar terms isn’t clear enough. Most people won’t recognise that as an ad. Not everyone knows the lingo. Some might think #PR just means you’re sharing press work. Others won’t know what it means at all. The ASA only recognizes a few specific labels as clearly indicating an ad, and ‘PR’ isn’t one of them.
Updated guidance warns against vague labels. Phrases like ‘In partnership with…’, ‘Spon/Sp’, ‘Aff’, or ‘Gifted’ don’t cut it. Most people won’t realise those mean the post is paid for. If you’re advertising for a shop – even if the product was just gifted – you still need to mark it as an ad.
The best practice (and ASA’s preference) is to use clear, explicit labels such as ‘Ad’, ‘Advert’, ‘Advertisement’, or ‘Advertising Feature’. Simply sticking #ad at the start of your caption is often the easiest way to meet the requirement. If you have access to a platform’s built-in partnership tool, you can also use that – more on this below – but you should still ensure the content itself clearly says it’s an ad. The goal is that no viewer is left guessing.
Bottom line: Don’t try to disguise or soften the disclosure with niche terms. A straight-up ‘Ad‘ label is king.
(For example, some influencers used to tag posts with #gifted when they got a free product. But the ASA has said that by itself, ‘gifted’ isn’t clear – people might not immediately get that it’s advertising. It’s safer to say ‘Ad – gifted by [Brand]’ or something along those lines, as long as ‘Ad’ is prominent.)
‘But I have a business banner or logo on my pictures – that shows it’s for the shop.’
I actually encountered this scenario, and even the ASA representative I spoke with was a bit surprised by the idea – but they confirmed that this is not enough to disclose your post as an ad. For instance, you might overlay the shop’s name or a ‘brand ambassador’ badge on your photo. That alone doesn’t cut it. Why? If taken out of context, the image wouldn’t obviously look like an advertisement. Viewers might just think you like the brand.
You still must have ‘#Ad’ (or ‘Ad’) at the start of your caption (or clearly on the content) to make it unambiguous. People can easily overlook a small logo in the corner, and most won’t see a banner as a clear sponsorship disclosure. Remember, the point is to make the promotional nature of the post unmistakable. Relying on a logo, watermark, or banner is too subtle. Treat those graphics as supplementary; your caption should still lead with something like ‘Ad:’ to clearly signal the post is advertising.
‘But I only have xxx amount of followers – do I still need to do all this?’
Absolutely. An ad is an ad regardless of the number of followers you have. There is no ‘minimum follower’ rule that exempts you from these requirements. Whether 5 people see it or 5 million, if you’re advertising for a company, you still have to mark it as an ad and follow the rules. The ASA/CMA’s regulations apply to nano-influencers just as much as to mega-celebrities. Even if your audience is small, those viewers deserve to know when they’re looking at paid-for content.
Just for reference, people often categorize influencers into levels by follower count:
- Nano – less than 1,000 followers
- Micro – roughly 1,000 to 100,000 followers
- Macro – 100,000 up to around 1 million
- Mega – over 1 million followers
These are informal categories, but the key point is that none of these levels get a pass on disclosure. Even if you’re ‘nano’ and only influencing a few friends or a niche community, the law applies. (In fact, many ASA enforcement actions have involved micro-influencers – the rules aren’t just for big names.) So don’t fall into the trap of thinking ‘Oh, I’m small-time, this doesn’t matter.’ It does. Honesty and transparency with your audience are required no matter the size of your account.
‘I have the ‘In Paid Partnership’ tag on my Instagram posts’
You’re on the right track! Using Instagram’s ‘Paid Partnership’ tool (or similar branded content tags on other platforms) is a great step towards transparency. Initially, this area was a bit of a grey zone, but the ASA has since clarified their stance.
The updated guidance indicates that using a built-in disclosure tool can be sufficient if the label is upfront, clear, and prominent on your content. In other words, if your post clearly says at the top ‘Paid partnership with [Brand]’, an average user will immediately understand it’s an ad – which is exactly the goal.
However, the cautious advice (and what I still strongly recommend) is to belt-and-braces it: use the platform’s tool and include a #Ad in your caption. The reason is that not all users may notice the small ‘Paid Partnership’ sub-header, or they might not understand what it means. A big ‘#Ad’ at the start of your caption ensures nobody misses it. The ASA itself suggests that while these tools are helpful, the responsibility is on us (brands/influencers) to make sure the disclosure is unmissable. There’s no harm in doubling up.
So, by all means, do use the ‘Paid Partnership’ feature – it’s an official indicator and lends credibility to your disclosure. Just make sure the end result is crystal clear. On Instagram, that tag appears right below your username at the top of the post, which is good. Newer platforms like TikTok offer ‘Sponsored’ or ‘Promotion’ labels you can turn on—and that’s a win because they show up prominently.
One more thing: To use Instagram’s paid partnership tag, you need a Creator or Business account, and you’ll have to get the brand to approve the partnership (they’ll receive a notification and have to confirm you as a partner). It’s worth that extra step so that your posts display the official label. It adds an extra layer of transparency and compliance. Still, always include a clearly visible ‘Ad’ in your content. Especially if there’s any chance viewers might miss the platform’s built-in label.
(TL;DR – The ‘Paid Partnership’ tag is a useful tool and, when used properly, may be enough on its own to meet the rules if it’s clearly visible. But to be safe and super clear, also put ‘#Ad’ at the start of your caption. It’s about making the disclosure idiot-proof.)
‘Does this cover Stories?’
Yes, absolutely. It covers Stories, Reels, TikToks, snaps, live videos – every format of social content. A common misconception was that ephemeral content (like a 24-hour Story) might not need an ad label, but that’s not true. An ad is an ad, whether it’s a fleeting Instagram Story or a permanent feed post. The ASA specifically includes Stories in these requirements.
If you post an ad on Instagram, Snapchat, or Facebook Stories, you need to clearly mark it—just like you would with a regular post. This means ideally having a textual indicator like ‘Ad’ or ‘Advertisement’ visible on the story frame itself, since stories don’t have a visible caption by default. For example, you might place a text box in the corner of your story that says ‘#AD’. Use a contrasting color so it’s easy to spot. Don’t hide it behind a sticker or in super tiny font – it should be as obvious as any other text on the story.
Instagram’s built-in ‘Paid Partnership’ label will also appear at the top of your story (if you use it and the brand approves you). That’s helpful, but sometimes viewers tap through stories quickly and might not notice that small print. So I recommend both: use the Paid Partnership tool and put an ‘Ad’ label on the story itself. TikTok, YouTube Shorts, or any short-form videos—if captions don’t show upfront, put the disclosure inside the content itself, spoken or on-screen, right from the start.
A good rule of thumb: If someone can see the content, they should simultaneously see (or hear) the disclosure. In stories, that usually means the first story panel needs to have the label (and ideally all subsequent panels should have some reminder, especially if people might skip to the middle of your story sequence).
So yes, cover your bases on Stories just like you would on posts. It’s still an ad, and your followers still see it—the law doesn’t care if it vanishes in 24 hours. While it’s live, it must comply. I often will caption my story with something like ‘Ad – [Brand] gifted me this product and I’m reviewing it here’ right on the story itself, to be very clear. Do whatever makes the message obvious.
‘Is this for all platforms, or just Instagram?’
It’s for across ALL social media platforms. These advertising disclosure laws aren’t limited to Instagram. They apply to every platform – Instagram, Facebook, TikTok, YouTube, Twitter (X), Snapchat, Twitch, blogs, forums – you name it. If it’s social media (or anywhere you might influence people online), the same principles hold. Even a Facebook Group post promoting a product needs to follow the rules. The form the content takes (text, image, video, story, tweet, etc.) doesn’t matter – an AD must be identifiable as an AD, everywhere.
That said, the way you disclose can vary slightly by platform due to technical differences. Here are some platform-specific tips to ensure your disclosure is prominent and upfront.
No character limit, so put ‘Ad’ right at the start of your caption. Don’t let ‘Ad’ hide behind a ‘… more’ cut—put it right at the start. If it’s a video (Reel or IGTV), superimpose ‘Ad’ on-screen or say it out loud at the beginning, since captions might not show until viewers tap. Use the Paid Partnership tag as well if you can.
Instagram Stories
Since stories are visual and often viewed quickly, it’s best to add an ‘Ad’ label on the story itself (e.g. as a text sticker) right away. If you have multiple story slides, make it clear from the first one (and ideally periodically throughout if it’s a long sequence). The built-in ‘Paid Partnership’ label will appear at the top, but it can be small – so adding a bold #AD tag or ‘Advertisement’ text on the story image/video itself ensures no one misses it.
TikTok
TikTok captions are short and might not always be immediately visible when people are swiping through videos. Plus, videos autoplay. So, it’s wise to integrate the disclosure into the video. You can do this by adding a text overlay in the first seconds saying ‘#Ad’, or verbally stating ‘I’ve partnered with [Brand]…’ right at the start.
Also put #ad (and any other relevant tags like #Sponsored) in the video’s caption — but assume viewers might not read the caption, so make sure the ad is clear within the video itself. TikTok now has a ‘branded content’ toggle that will add a small label, which you should use, but again, don’t rely on just that if it’s not obvious enough.
Twitter/X
With the character limit, simplicity is key. A tweet should just start with ‘Ad:’ or ‘#Ad’ if it’s promotional. Example: ‘Ad: Loving the new snacks from XYZ Brand…’ This way, even in a retweet or if text gets cut off, the ‘Ad’ is upfront. If the tweet is extremely short, putting ‘#Ad’ at the very end can work too, but only if it’s still immediately visible (and not buried among other hashtags).
YouTube
YouTube offers a built-in disclosure – you can check a box that says ‘includes paid promotion,’ which will display a brief overlay at the beginning of the video saying the content has paid promotion. Definitely use that. However, you should also verbalize or visibly disclose in the video itself. For instance, many YouTubers will say in the first 30 seconds, ‘This video is sponsored by [Brand]’ or ‘I’m working with [Brand] on this video.’
Additionally, it’s good practice to put a note in the video description (right at the top before any links) like ‘Ad | This video includes a paid partnership with [Brand]…’. For extra clarity, you might even label the video title with ‘[AD]’ or ‘[Sponsored]’ if you can fit it, especially if the entire video is an advertisement. The key on YouTube is that a viewer should know it’s an ad before they click or as soon as they start watching – sometimes a clear thumbnail or title indication can help achieve that.
Twitch / Live streams
If a brand’s paying you to live stream, say so right at the start. Tell your viewers, ‘Just so you all know, this stream is sponsored by…’ and repeat it throughout for anyone joining late. Some platforms allow a ‘sponsored stream’ label – use it if available. And maybe have it in your stream title too (e.g. ‘[Ad] Playing XYZ Game with viewers’).
Blogs/Websites
Clearly mark sponsored posts as advertisements at the top of the post. For example, put ‘AD‘ or ‘Sponsored‘ in the title or right before the content. And if you use affiliate links in a blog, label them (more on affiliate links in a moment).
Whatever the platform, the guiding principle is: make sure people know it’s an ad before they engage with it. If the format is new or quirky, apply that same principle. There’s no platform or format where these rules ‘don’t apply’ – regulators have made it clear that from Instagram to TikTok to whatever the next big app is, if you’re posting marketing content, you need to disclose it properly.
In summary: All platforms, all media – if it’s promotional, label it clearly. Adapt the disclosure to fit the medium, but never omit it. And don’t think a platform’s relative newness or features give you a loophole; they don’t.
‘Do I need to disclose affiliate links or discount codes too?’
Yes. This is a super important one that many people misunderstand. If you share an affiliate link or discount code that benefits you, it counts as advertising—and you must disclose it clearly. In the eyes of the ASA and CMA, whenever you have a ‘material connection’ to a brand – and earning a commission on sales absolutely counts – you are effectively acting as an advertiser for that brand.
Put simply, an affiliate link post is you doing marketing, and the rules apply the same way as if you were paid a fee to post. Even if the brand didn’t hand you cash upfront, the commission or reward you get from that link is a form of payment (payment ‘in kind’ or performance-based pay). So you need to treat those posts just like any other ad: make it obvious from the start that it’s promotional.
What does that mean in practice? Let’s say you’re posting a photo of an outfit and you include swipe-up or bio links to the items with your affiliate tracking. You should start your caption with something like ‘Ad’ or ‘Ad – affiliate link:’ so that viewers know right away.
For example: ‘Ad – Outfit gifted by XYZ and links are affiliate – I earn a commission if you purchase via these links.’
You don’t have to spell out all that every time, but the main thing is the ‘Ad’ needs to be prominent, and if you want to clarify that it’s via affiliate, you can. The ASA’s latest guidance warns against using vague terms like ‘affiliate’ or ‘aff’ alone—most people don’t realise that means you’re getting paid. In a recent case, tagging a story with just ‘#affiliate’ wasn’t enough. It was hard to spot, and the audience didn’t understand what it meant.
So, the safest approach? Use ‘Ad’ for affiliate content, too. You can accompany it with a note (e.g. ‘Ad – affiliate link’) but make sure ‘Ad’ is in there so there’s no ambiguity.
Don’t rely on a vague disclaimer like ‘Some links may be affiliate’ buried in your bio or at the end of a post—it’s not enough. The ASA expects you to clearly label each post or story that contains affiliate links. A blanket statement that occasionally you use affiliate links (or a tiny ‘affiliate links included‘ note at the bottom) fails the ‘prominent and upfront’ test. Each piece of content that contains an affiliate promotion needs its own disclosure.
For instance, on YouTube, if you include affiliate links in your video description, you should put an ‘(AD)’ or ‘(affiliate link)’ note right next to those links (and mention in the video if possible). On a blog, open with a line like: ‘This post contains affiliate links, marked with an asterisk (*) and bolded—it’s an ad feature with [Brand].’ Then each affiliate link marked accordingly. The key is transparency wherever that content appears.
Think of it from the follower’s perspective: If your friend gives you a discount code ‘JOHN20’ for 20% off a product, and you share it, your followers should know if you stand to gain from them using it. Maybe you get a commission or a free gift or just the glory of helping generate sales. Regardless, that potential benefit is a material connection that should be disclosed clearly. It’s about trust – your audience has a right to know you’re not just sharing out of pure love, but also because you have a partnership interest.
So yes, always disclose affiliate deals. A good simple label is something like: ‘Ad (affiliate link)’ or ‘Ad – I earn a commission from these links.’ And remember: using ‘#aff’ or ‘#afflink’ alone isn’t sufficient – many people might not decode those. Stick to plain ‘Ad’ for clarity, and then explain if needed. When in doubt, err on the side of over-clarifying.
I hope this helps clear things up! I know that UK influencer marketing rules can feel a bit annoying or confusing at times, but at the end of the day, it is the law and it’s there for a reason – to keep advertising honest and consumers informed. As a PR rep or brand ambassador, you have a responsibility to follow that law and uphold transparency with your audience.
If you ever catch yourself thinking, ‘It’s just a bit of fun for me and my followers, do I really need to label this?’, I’m sorry but the ASA will definitely not see it that way. They take undisclosed ads seriously. You could face a formal complaint, get publicly named and shamed by the ASA, or even end up fined by trading standards.(Yes, the ASA has a webpage where they list non-compliant influencers as a warning, and they can refer repeat offenders to the CMA/Trading Standards for enforcement.)
In short: it’s not worth risking your reputation or wallet by flouting these rules. Getting it right is not too difficult – a simple #Ad upfront and a bit of honesty is all it takes. And audiences today appreciate candor. Far from driving followers away, being transparent can increase your credibility. People don’t mind that influencers do ads – it’s an accepted part of the ecosystem – but they do mind if it feels sneaky or deceitful. So keep it clear, keep it honest, and you’ll be good.
Happy influencing – responsibly! 🎉
Key ASA Updates (2019–2025) – What’s Changed:
- ‘Ad’ is mandatory for all material brand partnerships. The ASA’s latest guidance is crystal clear—if you have a relationship with a brand, whether it’s paid, gifted, affiliate, ambassador, or even your own product, you must label the content as an ad.
- No more vague hashtags – clarity is key. There’s a stricter stance against unclear labels. Tags like ‘#gifted’, ‘#spon’, ‘#aff’, ‘#collab’, or ‘in partnership with…’ are not considered clear enough on their own. The preferred practice is to use ‘#Ad’ (or ‘Advert’) as the upfront label. You can add additional info after – e.g. ‘#Ad (gifted)’ or ‘Ad – affiliate link’ – but the first thing viewers see should make it obvious it’s an advertisement. The word ‘affiliate’ by itself was even called out as not widely understood by consumers. In short, when in doubt, just say ‘ad.’
- Platform disclosure tools are now acknowledged (use them!). Back in 2019/2020, we weren’t sure if, say, Instagram’s Paid Partnership tag was enough by itself – and the advice was to still use #Ad. Now, the ASA has updated guidance saying that using built-in platform disclosure tools can be sufficient if they are clear, prominent and upfront. That means if you properly use Instagram’s ‘Paid partnership with [Brand]’ label or TikTok’s ‘Sponsored’ label and it’s clearly displayed, you may not need an additional #Ad in the text. However, best practice is still to double-check that the tool’s label is doing its job. Many influencers continue to put #Ad in the caption in addition to using the platform tools, for extra certainty. The big change here is that these tools are recognized as helpful and are strongly encouraged – so take advantage of them (and don’t forget to set them up with the brand beforehand!).
- Affiliate marketing = advertising (clarified). Recent guidance makes it crystal clear—if you earn commission or any kind of kickback from a link or code, it’s advertising, and you must disclose it just like a paid post.You can’t just quietly drop affiliate links without disclosure or hide behind a generic ‘affiliate link’ note in your bio. The expectation now is that each piece of content containing affiliate promotions is clearly marked as an ad, so viewers know you have a financial interest. The ASA even discourages just tagging ‘#affiliate’ – they want to see ‘#Ad’. This is a key update for those doing a lot of affiliate sales.
- Transparency for 12 months & stricter enforcement. One new recommendation is that if you have a relationship with a brand (say you were a brand ambassador or had a sponsored campaign), you should continue to disclose that connection for up to 12 months after the relationship ends whenever you post about that brand. This is to account for lingering associations – consumers might not know you’re no longer working together, so it should still be treated as a material connection for a while. Additionally, the ASA and CMA have ramped up enforcement efforts.
- The ASA actively monitors influencers and names repeat offenders on its Non-Compliant Influencers page for public shaming. They’ll even run ads targeting your followers to call out your lack of disclosure. The CMA – with real legal power – reminds brands they’re on the hook too. In 2025, there’s zero tolerance for nondisclosure, with tighter scrutiny and faster consequences for anyone who breaks the rules.
In short, the rules around influencer ads have been tightened and clarified: always label your ads clearly (#Ad is your friend), use the tools available, disclose every kind of brand benefit, and don’t slack off – the regulators are watching more closely than ever.
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