The ASA influencer guidelines come down to one idea: if a brand has paid a creator in any way and had a say over the post, people must be able to tell it is an ad before they engage with it. In practice that means a clear "Ad" label, upfront, every time. This guide explains what counts as an ad, which labels the Advertising Standards Authority accepts, how it is enforcing the rules in 2026, what the CMA can now fine you, and a seven step process to keep every creator post compliant.
It is written for UK brands, not as legal advice. Pair it with our guide to influencer rates in the UK.
The short version
- Payment plus control makes an ad. Free products, commission and discount codes count as payment, not just cash.
- Use "Ad" at the start. The ASA says "Ad", "Advert", "Advertising" and "Ad Feature" are very likely to be acceptable. "Gifted", "spon" and "sponsored" are not safe.
- Platform tools help but may not be enough. The ASA’s 2026 research found the Paid partnership label "may not be enough on its own".
- Brands share the blame. Rulings against TALA, Reiss and THG Beauty were all published under the brand’s name, not just the creator’s.
- The CMA can now fine directly. Since 6 April 2025 it can impose penalties of up to 10% of global turnover or £300,000, whichever is greater.
What are the ASA influencer guidelines?
The rules sit in section 2 of the CAP Code, which the ASA enforces. Rule 2.1 is the core of it: "Marketing communications must be obviously identifiable as such." Rules 2.3 and 2.4 add that commercial intent must be clear. The detail for creators is in the Influencers’ guide, written jointly with the CMA. Its third edition was published on 23 March 2023, and the ASA says an update "will be made in due course" while the advice "remains broadly correct".
Two regulators apply two slightly different tests. The ASA acts when a brand paid the creator "in some way (doesn’t have to be money)" and had "some form of editorial control". Consumer law, enforced by the CMA, is wider: the joint guide says it "does not matter who is in control".
When is an influencer post an ad?
Most mistakes come from assuming only scripted, paid posts count.
| Situation | Needs a label? | Why |
|---|---|---|
| Paid post with brand approval | Yes | Payment plus control is the classic ASA test. |
| Free product, no obligation to post | Yes under consumer law | The guide says "it doesn’t matter if there was no obligation to post" about free items. |
| Affiliate link or discount code | Yes | The ASA says the creator is "acting as an advertiser" and the brand is usually at least jointly responsible. |
| Creator promoting their own brand | Yes | Own brands, and brands owned by family or friends, must be disclosed. |
| Customer refer a friend credit | Often yes | In the 2026 Voy ruling, referral credits counted as payment and the brand’s scheme rules counted as control. |
| Joint post with the brand’s account | Yes | A collaborative post is not a label on its own (TALA ruling, 2024). |
Advertain summary of ASA and CMA guidance. Not legal advice.
Which labels does the ASA accept?
The ASA’s advice on recognising ads is now very specific. Use one of the clear labels and put it where people see it before they click, tap or scroll.
| Label | ASA view |
|---|---|
| Ad, Advert, Advertising, Ad Feature | Very likely acceptable |
| Sponsored | Advised against: "open to varied interpretation" |
| Supported by, Funded by, Gifted, In association with | Unlikely to be sufficiently clear |
| #BrandAmbassador | Does not adequately convey that it is an ad |
| aff, sp, spon, affiliate | Likely to be insufficient |
| "My collection", "we created together" | Unlikely to be enough on their own |
Source: ASA AdviceOnline, Recognising ads: Social media and influencer marketing.
Placement matters as much as wording. The ASA expects the label at the start of the content, not hidden after a "See more" cut or at the end of a run of hashtags. On YouTube, it says the title and/or thumbnail will "need, at minimum, to include an identifier such as Ad". Put that in your brief template.
The research backs this up. In the ASA’s 2019 Ipsos MORI study, 68% recalled seeing "Ad", against 14% for "spon". The 2026 MTM study found a clear label lifts recognition by 20 points.
Share of people who said a post was definitely an ad (influencer posts with a clear label vs no label)
Is the Instagram Paid partnership label enough?
Not always. The ASA says Instagram’s tool "may be sufficient if the label is upfront, clear, and prominent", but that its 2026 research found the label "can help consumers recognise ads, but may not be enough on its own". If there is any doubt, add "Ad" as well. The same logic applies to TikTok, whose branded content policy says creators "must enable the commercial content disclosure toggle", and to YouTube, where ticking the paid promotion box shows a disclosure for the first 10 seconds. YouTube also reminds creators they are responsible for meeting "local and legal obligations".
Our view: switch every tool on (Instagram extended its tool to all users after CMA action in 2020), then label anyway. It costs nothing and removes the argument.
How the ASA enforces the rules in 2026
AI monitoring at scale
The ASA no longer relies on complaints alone. Its Active Ad Monitoring system processed around 60 million ads in 2025, and influencer disclosure is a named project.
Ads processed by the ASA’s Active Ad Monitoring system (millions)
Compliance sweeps
In its 2024 Instagram and TikTok report, the ASA found 438 of 769 likely ads were adequately disclosed. The TikTok and Instagram gap was "not statistically significant", and 82% of undisclosed content had no disclosure at all. A 2021 sweep of Instagram Stories found only 35% clearly labelled.
Influencer ads adequately disclosed, by format (2024)
Naming and shaming
Creators who will not commit to labelling go on the ASA’s non compliant influencers list, which brings "enhanced monitoring spot checks" and possible paid ad campaigns by the ASA. In October 2026 it names two people, with 26 removed after they improved. The ASA has used those ads before: in 2022 it ran Instagram ads against six influencers, saying "when we see the necessary changes to their disclosure practices, we’ll call off the ads."
Recent ASA rulings brands should learn from
Every ruling below was published under the advertiser’s name. The creator moves on; the ruling stays searchable.
| Date | Advertiser and post | What went wrong |
|---|---|---|
| 22 May 2024 | We Are TALA, Instagram and TikTok posts by Grace Beverley | Commercial intent "not made immediately clear upfront", including on posts published jointly with the brand. |
| 25 Sep 2024 | Reiss, Instagram Reel by Lydia Millen | Affiliate links in linked Stories and no clear identifier on the Reel. |
| 25 Sep 2024 | THG Beauty, Instagram Story by Erim Kaur | Disclosure only appeared after a tap, so intent was not clear "from the outset". |
| 26 Nov 2025 | Midnite, post on X featuring a top footballer | Gambling ad featuring someone "likely to be of strong appeal to under 18s". |
| 11 Feb 2026 | Voy, customer referral posts | Referral posts counted as ads for a prescription only medicine. |
| 15 Apr 2026 | Lidl Northern Ireland, paid Instagram post | Paid online ad for an identifiable less healthy food under the new rules. |
All rulings upheld. Summaries by Advertain from the published ASA rulings.
“Marketing communications must be obviously identifiable as such.” CAP Code rule 2.1
The CMA, the FCA and sector rules
The ASA cannot fine anyone. The CMA can. From 6 April 2025 the Digital Markets, Competition and Consumers Act 2024 let it decide cases itself and impose penalties of "up to 10% of your business’ global turnover or £300,000 (whichever is greater)", according to its guidance on direct enforcement. Its creator guidance, updated 3 September 2025, applies "no matter how many followers you have" (see also who regulates hidden advertising).
Some sectors carry heavier rules. Gambling ads must not use people "likely to be of strong appeal" to under 18s, a rule in force since October 2022. Paid online ads for identifiable less healthy food and drink have been banned at any time since 5 January 2026. Financial promotions are the most serious: the FCA’s FG24/1 guidance warns unauthorised influencers they "may be committing a criminal offence", and in February 2026 seven people pleaded guilty to promoting an unauthorised trading scheme to a combined Instagram following of 4.5 million.
How to follow the ASA influencer guidelines in 7 steps
- Decide whether the post is an ad. Ask two questions: did the creator receive anything (money, free product, a trip, commission, a discount code), and did your brand have any say over the content? If either answer is yes, plan to label it. Under consumer law the CMA does not need you to have control at all.
- Write the label into the brief. Put the exact wording in your influencer brief: "Ad" at the very start of the caption, on screen in the first frame for video, and in the title or thumbnail on YouTube.
- Put it in the contract. Make disclosure an obligation with a right to request edits, and agree who switches on the platform tool. Our influencer contract template has a clause for this.
- Switch on the platform tool as well. Use Instagram’s Paid partnership label, TikTok’s commercial content disclosure toggle and YouTube’s paid promotion checkbox. Treat them as extras, not replacements for "Ad".
- Check sector rules before you cast creators. Gambling, less healthy food, alcohol, prescription only medicines and financial products carry extra restrictions on who can appear and what can be said. Screen these when you find influencers for your brand.
- Approve before posting and audit after. Review drafts for the label and any claims, then screenshot the live post, Stories and any linked Stories within 24 hours. The ASA judges what consumers actually saw.
- Fix problems fast and keep records. If a post goes live unlabelled, get it edited the same day and log what happened. Keep briefs, approvals and payment records, because the ASA and CMA will ask who controlled what.
ASA compliance checklist for creator campaigns
- Have we listed everything of value the creator receives, including gifts, codes and commission?
- Does the brief name the exact label ("Ad") and where it goes?
- Is the label visible before anyone clicks, taps, expands or swipes?
- For YouTube, is "Ad" in the title or thumbnail as well as the paid promotion box?
- Are platform tools switched on for Instagram, TikTok and YouTube?
- Have we checked sector rules for gambling, food, alcohol, medicines and finance?
- Are claims in the script substantiated, especially health or money claims?
- Do we have screenshots of the live post and a record of approvals?
Labelling does not have to cost performance. The ASA notes separate trade body research found "labelled advertising does not reduce engagement". If you want creator content people choose to watch, that also stands up to scrutiny, see our work or talk to us.
Frequently asked questions
Is #ad required by law in the UK?
There is no law that names the hashtag, but the CAP Code requires ads to be obviously identifiable and consumer law bans hidden advertising. Both regulators recommend "Ad" upfront.
Is #gifted enough under the ASA influencer guidelines?
No. The ASA lists "Gifted" as unlikely to be sufficiently clear. Use "Ad" instead.
Who is responsible, the brand or the influencer?
Both. The ASA publishes rulings against the advertiser and the CMA can act against brands, agencies and creators.
What happens if an influencer breaks ASA rules?
The ASA can ask for the post to be changed or removed, publish a ruling, name the creator on its non compliant list, run paid ads about them and refer them to Trading Standards or the CMA, which can now issue fines directly.
Is paid partnership the same as #ad?
Not quite. A Paid partnership label can be enough if it is upfront, clear and prominent. The ASA’s 2026 research found it may not be enough on its own, so the safest approach is to add "Ad" as well.
