CAP and the CMA have collaborated on a new guide for social media influencers / digital talent on how to ensure that their 'promotional' posts are compliant.
The guide still maintains the distinction between what will be considered advertising by the ASA (i.e. the influencer has been paid and the brand have some form of control over the post) and the CMA (i.e. the influencer need only be paid or provided with something of value such as a 'freebie').
The rules in the background haven't changed, but the guidance seeks to helpfully consolidate previous advice and guidance provided on affiliate marketing, what constitutes 'payment' and 'control' and the age old #ad versus #spon debate. There is also a useful infographic - who doesn't love a good diagram?
The new guidance should help digital talent (and their brand/agency partners) follow the ASA and CMA's overlapping rules. It can be accessed here.
Consumers must always be aware when they are being advertised to, and both brands and influencers have a responsibility to ensure the content makes that reality clear upfront. Failure to disclose a commercial relationship leaves both parties at risk of action from the ASA.