WHAT THE NEW INFLUENCER GUIDELINES REALLY MEAN
Updated: Jun 10, 2020
A couple of days ago the CMA (Competition & Markets Authority) released a new set of guidelines regarding the relationship between brands and their UK influencers. Here is a quick explanation of what the new influencer protocol means.
THE NEW GUIDELINES
Earlier this year, when the CMA attempted to clarify the relationship between influencers and brands by releasing a new set of social media guidelines there was a tidal wave of reactions about the new protocol. A lot of the UK influencers were confused and shocked by the new terms of transparency as they didn't know how that would affect their marketing strategy as well as their social media presence in the long term.
That's why I've decided to write this blog post to clarify some of the biggest questions UK influencers have out there.
In this post, you will also read about my thoughts and personal opinion in regards to this subject, which hopefully by the end of it you will have a clear understanding of this new social media advertorial guideline. Furthermore, I will also explain how some bits of my online content will change (or stay the same) to continue to adhere to the new CMA social media marketing guidelines.
You can read the new CMA's full guidelines in this link here.
IMPORTANT ABBREVIATIONS AND INITIAL QUESTIONS
ASA - The Advertising Standards Authority is the UK's advertising regulator.
CAP - The Committee of Advertising Practice is responsible for writing the ad codes.
CMA - The Competition and Markets Authority is the UK's primary competition and consumers authority.
WHAT COUNTS AS AN ADVERTORIAL/ 'AD'?
An advertorial/ 'ad' is clarified by the ASA, CMA & CAP as a content that is paid to be created (this can also include payment in freebies) and it is also an 'ad' when the brand has the editorial control over the content - even if it means that the content just needs final approval from someone working within the brand (aka a brand representative).
WHAT COUNTS AS PAYMENT FOR ADVERTORIAL CONTENT?
What counts as payment is when the influencer's content is given a set amount of money for the display of the brand's product on their channel. This also includes gifted freebies or a long term ambassadorship indefinite exchange for content than this is a way of accepting payment for advertorial content.
WHAT COUNTS AS CONTROL OVER ADVERTORIAL CONTENT?
If you are working with a brand and they require you to say particular things, use a particular theme or include key messaging then the brand has had control over the content being published. If the brand has required a video or imagery to look a certain way, they have also had control over the content being published in this instance. If a brand requires that they check the content before it is posted then they have had control over the content in this regard too. As a rule, if you are completely free to say and do as you wish then the brand has had no control over the content created.
WHAT IF THERE IS PAYMENT BUT NO CONTROL?
If the influencer has been paid (this can include gifting freebies) and the brand doesn't have any control over the content (the influencer is free to say and do as they wish) then it is unlikely that the content counts as advertising under the CAP code. That said the CMA now expects that influencers should disclose when they’ve received any form of monetary payment, a loan of a product or service, any incentive and/or commission or have been given the product they’re posting about for free. This means that if you are posting directly about a particular item, then you should disclose where that specific item has come from. ie. 'This dress was gifted to me by H&M.'
MY HONEST OPINION
There are a lot more points to the guidelines than I have stated above and I will be very honest and say that some of these points make me a little confused and overwhelmed.
As someone who has just started working in this career, I suddenly feel very pressured to do everything perfectly. Especially, because the complexity of what all of these three authorities are expecting from influencers and their content seems somewhat unforgiving.
I have read and re-read the guidelines a couple of times now and to be honest, I feel that in their aim to add clarity to social media posts are somewhat unwittingly blurred between organic and advertorial online content. As a result, loads of my favourite UK influencers are now declaring in almost all of their posts/uploads etc as #ad and this actually (in my humble opinion) is having the opposite effect of clarity. Influencers are now over declaring, (which isn't a bad thing), but they are also getting confused about what they should declare or not and this is creating animosity amongst themselves.
BLOG DECLARATION
I will continue to declare at the top of any post that is created in collaboration with a brand 'This is a paid-for partnership in collaboration with...' just as I always have done. If a blog post on www.nandalifestyle.com does not say this then no brand has had any control over the post or has paid for the post to be created. I will continue to declare on both individual posts and in my Insta-shop that my site uses affiliate links and there will continue to be a direct link to my full legal disclaimer regarding affiliate links. Alongside this declaration on my posts, you will now see that items in a post may have been gifted to me, to abide by the new guidelines and if any particular images have a destination mentioned/utilised, then you will now also see if a paid trip was gifted to me by a brand.
INSTAGRAM DECLARATION
I will continue to use the 'paid partnership' tool on Instagram where possible (sometimes business Instagram accounts don't have this enabled as a feature, so content creators cannot always utilise this) as well as using 'ad' at the beginning of my images/videos on the site that are both paid for and partially controlled by the brand I am collaborating with.
Both on my Instagram feed and my Insta-stories I will now declare any gifted trips I am choosing to share on the platform and when focusing on a particular item I will also declare if that item has been gifted. If I don't declare that an item I am talking about is gifted, then it is not a PR gift and has been purchased with my own money.
YOUTUBE DECLARATION
If in the future I decide to have a YouTube channel I will put 'ad' in the title of any YouTube upload that is fully sponsored (dedicated from start to finish) and has given the brand creative control. I will state at the very top of the drop-down box if the upload contains an integrated paid for advertorial ie. a small portion of the video has me talking about an item and the word 'ad' will continue to be on the screen when I do so.
This also then clarifies which part of the upload is sponsored and the non sponsored part is then also clear to any viewers. I will also declare that I use affiliate links in the drop-down box of my videos if I ever need to use them. As well as mentioning in the video that any trip/flights I am currently on have been gifted to me, I will repeat this in the drop-down of the video to ensure viewers know for certain.
TO CONCLUDE
I would like to ask everyone to please be kind and think about what you write on social media channels. Not only are we, as content creators/ influencers, part of a relatively new career choice, but we are also all trying to find a way of making a living.
Things take time and planning content to properly put into play a week after release is not long enough to have explored and analysed such detailed guidelines.
Most importantly, on a personal note from me, please be aware I have always disclosed as legally required across all my social channels and will continue to disclose paid-for advertisements correctly. In the future, I will also declare gifted trips and I will also declare gifted items. I want to always make sure my audience knows that I take everything I do incredibly seriously. I am also always open to positive criticism, so please continue to chat with me about anything and everything and I'll try my best to get back to you as I always do. Thank you for the love and respect you guys always show me. We are here to grow together and I am happy to have you around!
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