The Competition and Consumer Protection Commission (CCPC) and the Advertising Standards Authority (ASA) in Ireland have signed a new data-sharing agreement to enhance regulatory oversight of social media influencers, effective August 25.
The agreement enables the ASA to share information received through its online reporting portal with the CCPC, giving the statutory body greater access to public reports of potential legal breaches.
“The new data-sharing agreement allows the ASA to share reports from the public and will support us in protecting consumers when it comes to social media advertising,” Patrick Kenny, commission member at the CCPC, said in a press release.
Under consumer protection law, social media influencers must not mislead consumers through unfair practices such as hidden or mislabeled advertising. Even properly labeled posts may breach consumer protection law if the content is false or misleading.
The CCPC, as a statutory body, has various enforcement tools available, including compliance notices, fixed payment notices, undertakings, prohibition orders, and prosecution.
“Consumer law protects consumers when engaging with the commercial content posted by online influencers. Commercial content from influencers must be clearly labeled as such and must also not be misleading,” Kenny said.
The agreement follows the publication of new guidelines for influencers and social media advertisers by ASA and CCPC in October 2023, aimed at addressing paid promotion, gifted items, and the advertising of own-brand products and services.
This collaboration follows similar regulatory developments across Europe, including the UK, France, and Portugal.
Enforcement Underway
According to the Irish Independent, the CCPC has begun taking action against non-compliant influencers. In July, celebrity chef Donal Skehan received a compliance notice for failing to properly disclose promotional content for his own Wind Shore Goods brand on Instagram.
The notice directed Skehan to retrospectively update older content where appropriate and ensure future posts clearly indicate when promotions are paid, including for his own products and services. The CCPC warned that Skehan’s social media channels will be subject to further inspection.
“This year we issued our first compliance notices against two prominent influencers,” Kenny noted. “We continue to monitor this sector closely and will act where we see breaches.”
Compliance Challenges
Despite increased regulatory attention, influencer marketing compliance remains problematic across Europe. In the UK, an ASA report published in May found that only 57% of influencer content on Instagram and TikTok is appropriately labeled as advertising, with travel and fashion sectors showing the highest rates of inadequate disclosure.
The report identified several problematic practices, including completely undisclosed content, inadequate disclosure labels, and inconsistent disclosure across related content pieces.
Research from Dr. Alexandros Antoniou of Essex Law School, analyzing 141 ASA rulings from October 2017 to April 2024, has identified four new categories of influencer misconduct beyond mere transparency issues.
The first is “promo-masquerade,” a practice where influencers obscure the true nature of advertised products or present promotional content as impartial reviews. Equally troubling is “risk-fluence,” which encompasses public health and safety concerns such as making unauthorized health claims or promoting products that should be restricted.
The study also highlights “mone-trapment,” where influencers encourage followers to make financial commitments or investments without adequately disclosing the associated risks. Finally, “stereo-scripting” describes how some influencer content perpetuates harmful stereotypes, with particular emphasis on problematic portrayals related to body image and gender roles.
Nii A. Ahene is the founder and managing director of Net Influencer, a website dedicated to offering insights into the influencer marketing industry. Together with its newsletter, Influencer Weekly, Net Influencer provides news, commentary, and analysis of the events shaping the creator and influencer marketing space. Through interviews with startups, influencers, brands, and platforms, Nii and his team explore how influencer marketing is being effectively used to benefit businesses and personal brands alike.
The Competition and Consumer Protection Commission (CCPC) and the Advertising Standards Authority (ASA) in Ireland have signed a new data-sharing agreement to enhance regulatory oversight of social media influencers, effective August 25.
The agreement enables the ASA to share information received through its online reporting portal with the CCPC, giving the statutory body greater access to public reports of potential legal breaches.
“The new data-sharing agreement allows the ASA to share reports from the public and will support us in protecting consumers when it comes to social media advertising,” Patrick Kenny, commission member at the CCPC, said in a press release.
Under consumer protection law, social media influencers must not mislead consumers through unfair practices such as hidden or mislabeled advertising. Even properly labeled posts may breach consumer protection law if the content is false or misleading.
The CCPC, as a statutory body, has various enforcement tools available, including compliance notices, fixed payment notices, undertakings, prohibition orders, and prosecution.
“Consumer law protects consumers when engaging with the commercial content posted by online influencers. Commercial content from influencers must be clearly labeled as such and must also not be misleading,” Kenny said.
The agreement follows the publication of new guidelines for influencers and social media advertisers by ASA and CCPC in October 2023, aimed at addressing paid promotion, gifted items, and the advertising of own-brand products and services.
This collaboration follows similar regulatory developments across Europe, including the UK, France, and Portugal.
Enforcement Underway
According to the Irish Independent, the CCPC has begun taking action against non-compliant influencers. In July, celebrity chef Donal Skehan received a compliance notice for failing to properly disclose promotional content for his own Wind Shore Goods brand on Instagram.
The notice directed Skehan to retrospectively update older content where appropriate and ensure future posts clearly indicate when promotions are paid, including for his own products and services. The CCPC warned that Skehan’s social media channels will be subject to further inspection.
“This year we issued our first compliance notices against two prominent influencers,” Kenny noted. “We continue to monitor this sector closely and will act where we see breaches.”
Compliance Challenges
Despite increased regulatory attention, influencer marketing compliance remains problematic across Europe. In the UK, an ASA report published in May found that only 57% of influencer content on Instagram and TikTok is appropriately labeled as advertising, with travel and fashion sectors showing the highest rates of inadequate disclosure.
The report identified several problematic practices, including completely undisclosed content, inadequate disclosure labels, and inconsistent disclosure across related content pieces.
Research from Dr. Alexandros Antoniou of Essex Law School, analyzing 141 ASA rulings from October 2017 to April 2024, has identified four new categories of influencer misconduct beyond mere transparency issues.
The first is “promo-masquerade,” a practice where influencers obscure the true nature of advertised products or present promotional content as impartial reviews. Equally troubling is “risk-fluence,” which encompasses public health and safety concerns such as making unauthorized health claims or promoting products that should be restricted.
The study also highlights “mone-trapment,” where influencers encourage followers to make financial commitments or investments without adequately disclosing the associated risks. Finally, “stereo-scripting” describes how some influencer content perpetuates harmful stereotypes, with particular emphasis on problematic portrayals related to body image and gender roles.
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