Influencers who persistently breach guidelines on commercial content will be named and shamed and could face fines, the advertising watchdog has warned.
The Advertising Standards Authority has written to 150 influencers who have consistently been in breach of guidelines introduced a year ago in relation to commercial content.
The authority has had thousands of complaints from the public with 75 per cent being the absence of a label or hashtag stating that the content is commercial.
Some 98 per cent of posts complained about are on Instagram. Clothing, food and drink and skincare were the categories that attracted the most complaints.
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Speaking at a webinar on social media influencers, ASA chief executive Orla Twomey said the guidelines are not complicated and involve using the hashtag #ad and also include, in some cases, #af (affiliated with a product) or #gifted if showcasing commercial content. It must also be included at the beginning of every post and it must be clearly visible.
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She said the ASA will name persistent offenders with a view to hurting both the reputation of the influencer and the products they are advertising. Given the profiles of many influencers, she anticipated a lot of media attention for transgressors.
“We will show audiences that these are the influencers who are not being honest with you when they are advertising products. It isn’t rocket science,” she said.
“It’s your reputation that is on the line if you are honest and transparent. Audiences are very clear themselves. They know when there is something a bit off.”
The ASA will also advise companies who work with influencers that their brands will be damaged by being associated with those who break the rules.
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The Competition and Consumer Protection Commission (CCPC) head of market insights unit, Mark Walsh, said it is has the power to take influencers to court if they do not comply with the law and it can result in fines.
In Sweden a recent influencer and a product he advertised were fined €250,000.
Influencer and musician Garron Noone said the public do not like influencers doing too many ads.
“I want the content to be as entertaining as possible. I like to work with brands who are allowing me to do my own thing.
“I think it matters that I like the product and they are not trying to make me change too much.”
He said he was open and upfront when he is advertising a product. “I want it ultimately to be truthful. If it is not the actual truth, I won’t say it.”
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