UK influencer advertising disclosure failures remain widespread, and regulators are preparing to add a new layer of requirements before the existing ones are fixed.
A guide published last week by Influencer Marketing platform Kolsquare through IAB UK’s Member Vault cites Advertising Standards Authority (ASA) data showing 43% of UK influencer content fails to meet disclosure requirements, with 34% carrying no disclosure at all and a further 9% poorly disclosed. The figures come from the ASA’s 2024 monitoring, which found only 57% of influencer ads on Instagram and TikTok were adequately labeled, meaning roughly two in five posts fell short.
The ASA, the Committee of Advertising Practice (CAP) and the Competition and Markets Authority (CMA) now coordinate enforcement, and the financial exposure has grown. The CMA’s Digital Markets, Competition and Consumers Act allows fines of up to 10% of a brand’s global annual turnover, which would total £5 million for a brand with £50 million in revenue over a single non-compliant campaign. The CMA can also issue redress orders requiring brands to compensate consumers found to have been misled. The ASA has moved from manual spot checks to automated AI monitoring, scanning a far larger volume of content than complaints alone would surface.
Much of the confusion, according to the guide, starts with what counts as “paid” in the first place. Gifted products, discounts, affiliate content and event access all trigger the same disclosure obligation as direct payment. A 2023 ASA ruling against Vodafone illustrates the point. The brand gifted influencer Binky Felstead tickets and access to a Wimbledon event, and Felstead posted about it using the brand’s campaign hashtag without an ad label. The ASA ruled that the tickets constituted payment and that Vodafone’s request to use its hashtag gave the brand enough editorial input to classify the content as an advert. Terms the regulator still considers too vague to satisfy disclosure requirements include “gifted,” “in partnership with,” “spon” and “affiliate,” with “#ad” or “Ad” placed at the start of a caption remaining the standard the ASA holds compliant content to.
Liability Runs Through the Whole Chain
Disclosure failures are not treated as a creator problem alone. Brands remain liable for compliance even when a brief explicitly instructs a creator to disclose correctly, and agencies carry joint responsibility where they are involved in content creation or in managing the creator relationship. The guide recommends brands specify exact label wording and placement in every contract, make compliant disclosure a condition of content approval rather than a suggestion, and keep records of gifts, discounts and event invitations, since the CMA can request evidence of what was communicated to creators.
That shared exposure is part of what is now driving the industry’s own response. IAB UK launched a Creator Qualification in May, a 90-minute training program hosted by creator and broadcaster Riyadh Khalaf and developed with input from the ASA and CAP. Participants who complete it receive a qualification intended to signal to brands and agencies that they understand advertising standards. The launch followed IAB UK Futurescape research showing 84% of UK brands and agencies expect to work with more creators in 2026.
New Rules Are Coming Before the Old Ones Are Solved
The guide flags a separate, emerging obligation around AI-generated promotional content, distinct from standard sponsorship labeling. Citing MUSE’s “The Real Impact of AI on the Creator Economy” report, it notes that 55% of consumers say generative AI has reduced their trust in creator content, a concern shared by 52% of creators and 48% of marketers. Under the guidance outlined, AI involvement, including AI-generated imagery, voiceovers or personas, will need to be disclosed independently of whether a post is also a paid ad.
The EU’s Digital Fairness Act, expected in the fourth quarter of 2026, is anticipated to introduce further requirements specifically targeting AI-generated promotional content.
Dragomir is a Serbian freelance blog writer and translator. He is passionate about covering insightful stories and exploring topics such as influencer marketing, the creator economy, technology, business, and cyber fraud.
UK influencer advertising disclosure failures remain widespread, and regulators are preparing to add a new layer of requirements before the existing ones are fixed.
A guide published last week by Influencer Marketing platform Kolsquare through IAB UK’s Member Vault cites Advertising Standards Authority (ASA) data showing 43% of UK influencer content fails to meet disclosure requirements, with 34% carrying no disclosure at all and a further 9% poorly disclosed. The figures come from the ASA’s 2024 monitoring, which found only 57% of influencer ads on Instagram and TikTok were adequately labeled, meaning roughly two in five posts fell short.
The ASA, the Committee of Advertising Practice (CAP) and the Competition and Markets Authority (CMA) now coordinate enforcement, and the financial exposure has grown. The CMA’s Digital Markets, Competition and Consumers Act allows fines of up to 10% of a brand’s global annual turnover, which would total £5 million for a brand with £50 million in revenue over a single non-compliant campaign. The CMA can also issue redress orders requiring brands to compensate consumers found to have been misled. The ASA has moved from manual spot checks to automated AI monitoring, scanning a far larger volume of content than complaints alone would surface.
Much of the confusion, according to the guide, starts with what counts as “paid” in the first place. Gifted products, discounts, affiliate content and event access all trigger the same disclosure obligation as direct payment. A 2023 ASA ruling against Vodafone illustrates the point. The brand gifted influencer Binky Felstead tickets and access to a Wimbledon event, and Felstead posted about it using the brand’s campaign hashtag without an ad label. The ASA ruled that the tickets constituted payment and that Vodafone’s request to use its hashtag gave the brand enough editorial input to classify the content as an advert. Terms the regulator still considers too vague to satisfy disclosure requirements include “gifted,” “in partnership with,” “spon” and “affiliate,” with “#ad” or “Ad” placed at the start of a caption remaining the standard the ASA holds compliant content to.
Liability Runs Through the Whole Chain
Disclosure failures are not treated as a creator problem alone. Brands remain liable for compliance even when a brief explicitly instructs a creator to disclose correctly, and agencies carry joint responsibility where they are involved in content creation or in managing the creator relationship. The guide recommends brands specify exact label wording and placement in every contract, make compliant disclosure a condition of content approval rather than a suggestion, and keep records of gifts, discounts and event invitations, since the CMA can request evidence of what was communicated to creators.
That shared exposure is part of what is now driving the industry’s own response. IAB UK launched a Creator Qualification in May, a 90-minute training program hosted by creator and broadcaster Riyadh Khalaf and developed with input from the ASA and CAP. Participants who complete it receive a qualification intended to signal to brands and agencies that they understand advertising standards. The launch followed IAB UK Futurescape research showing 84% of UK brands and agencies expect to work with more creators in 2026.
New Rules Are Coming Before the Old Ones Are Solved
The guide flags a separate, emerging obligation around AI-generated promotional content, distinct from standard sponsorship labeling. Citing MUSE’s “The Real Impact of AI on the Creator Economy” report, it notes that 55% of consumers say generative AI has reduced their trust in creator content, a concern shared by 52% of creators and 48% of marketers. Under the guidance outlined, AI involvement, including AI-generated imagery, voiceovers or personas, will need to be disclosed independently of whether a post is also a paid ad.
The EU’s Digital Fairness Act, expected in the fourth quarter of 2026, is anticipated to introduce further requirements specifically targeting AI-generated promotional content.
Subscribe to Our Newsletter
Check Out Our Podcast