Influencers must declare when they're being paid to promote
Instagram has promised to tackle hidden adverts on its site, after a U.K. body warned that so-called influencers are routinely breaking the law.
The move follows an investigation by the U.K.’s Competition and Markets Authority, which found that influencers were often illegally posting content without making it clear they were being paid or otherwise incentivized to make the post.
“For too long, major platforms have shied away from taking responsibility for hidden advertising on their site,” the CMA’s chief executive, Andrea Coscelli said. “So, this commitment to tackle hidden adverts and overhaul the way people post on Instagram – making it difficult for users to ignore the law – is a welcome step forward.”
Instagram, which is owned by Facebook, has pledged to take several measures to ensure paid-for content is made more transparent. These include prompting users to confirm if they’ve been paid to promote a product or service and extending the ‘paid partnership’ tool to all users.
Instagram has also promised to implement “technology and algorithms designed to spot when users might not have disclosed clearly that their post is an advert”.
“These changes mean there will be no excuse for businesses to overlook how their brands are being advertised either – making life a lot harder for those who are not upfront and honest with their followers,” Coscelli added.
Against the law
Influencers who post adverts without declaring they are being paid are breaking U.K. law. The Consumer Protection from Unfair Trading Regulations 2008 makes it illegal to falsely represent yourself as a consumer, or to create the impression that what you’re doing is not part of your business or profession.
The CMA stresses that it’s not found Instagram itself guilty of breaking consumer law, as that would need to be decided by the courts.
The new rules will apply to anyone using Instagram in the U.K. and to anyone targeting U.K. users of the app, even if they are based abroad.
Last year, the CMA secured “formal commitments” from 16 celebrities who had failed to declare that they had been paid or received gifts for making social media posts. These included the model Alexa Chung, actor Michelle Keegan and singer Rita Ora.
