On 9 May 2025, the ASA published its report on influencer disclosure compliance levels on Instagram and TikTok. This is it’s second report on the topic, since its first in 2021.
Using its AI-based Active Ad Monitoring system, capturing 50,000 individual pieces of content, the ASA found that 43% of all advertorial content is still not meeting its disclosure requirements. Despite the signs of improvement in compliance, this percentage is not where the ASA expects compliance to be.
Within its report, the ASA made some recommendations:
Collective interest & engagement
Influencers, agencies, brands and social media agencies alike must collectively engage to ensure compliant disclosure.
Immediately identifiable
Ads must be immediately identifiable as such. Both the ASA and the CMA strongly recommend using “Ad” first in all circumstances; ensuring the label is clear irrespective of the medium or social media platform on which it is shared. If the influencer would like to make a distinction about the type of commercial relationship “Ad” must still come first and be immediately visible on the content. For example “Ad / PR Event”.
Consistency of disclosure
Every piece of related content must be correctly labelled in accordance with the ASA’s labelling requirements; reliance on social media bios or previous content is not acceptable. This extends to a series of content i.e. stories or vlogs.
Clear by context
For own brands, if it is clear from the context that the content advertises the influencer’s own brand, then there may not be a need for an additional ad label. However, the context is the key part here. Some additional guidance on this point would be useful.
Use of platform ad disclosure tools
The ASA encourages the use of the platform’s own ad disclosure tools. That said, influencers should not over rely on the tools because if used in isolation the tools may not meet the immediately visible label requirement so caution should be applied (if the label appears as white text on a white background for example, it will not meet the standard required for the label).
The ASA emphasised that it will take enforcement action against influencers who repeatedly do not comply with the requirements. This also comes at a time when the CMA’s enforcement powers have been enhanced by way of the Digital Markets, Competition and Consumers Act on 6 April 2025 – and they also require labelling of ad content in the interest of consumers. It will be interesting to see what action, if any, the CMA takes in terms of enforcement this year in light of the ASA’s most recent findings. We will be keeping a close eye on this.
Our expert lawyers are at the forefront of this area of the law and provide training on the appropriate social media marketing practices and ensure compliance with these regulations. If you have any questions in relation to this article, please get in touch.