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Decoding the ASA's rules and guidelines for influencer marketing
Influencer marketing in the UK is tightly regulated to protect consumers. Whether you're a brand, influencer, or agency, being aware of and following the guidelines is the best practice. If you don't comply, you may be penalised, resulting in bans and the loss of audience trust.
Read on for a full guide to staying compliant in 2025.
do and don't panels
Key takeaways
- The ASA oversees influencer marketing in the UK, ensuring all advertising is legal, honest, and transparent.
- Influencer ads must be clearly tagged and truthful.
- Brands that fail to comply risk public rulings, reputational damage, and legal action.
Overview of UK influencer marketing regulations and guidance
Regulators want to ensure that all marketing is “Legal, decent, honest and truthful.” Influencer marketing is no different, falling under all the traditional ad legislation.
There are two key bodies to be aware of when running influencer marketing campaigns:
- The Advertising Standards Authority (ASA), which handles complaints
- The Competition and Markets Authority (CMA), which enforces the rules
These regulators protect consumers from misleading, harmful, or offensive ads. They also advise brands on regulations.
In short, the ASA and CMA implement rules you must follow when running influencer campaigns.
Do influencers have to disclose ads in the UK?
The short answer is yes. However, we will dive into what that counts as an ad and the precise regulations later in the article.
In the UK, most brands (76%) ensure that influencers follow regulations, according to Kolsquare’s State of Influencer Marketing Report.
What is the Advertising Standards Authority (ASA) in the UK?
The ASA is the UK’s advertising watchdog. It regulates all promotional materials, including ads and direct marketing. The ASA also investigates complaints and decides whether further action should be taken.
The self-regulated organisation is paid for by the advertising industry rather than the government. In 1961, the ASA created the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), which details a set of rules advertisers must follow.
While the ASA doesn't have legal power and won't take brands or influencers to court, it works closely with the CMA, which can take legal action.
What are the ASA guidelines?
Put simply, the ASA is the main regulatory body creating rules around influencer marketing. It tells you what to do — and not do — to protect consumers.
Here are the key ASA guidelines to follow:
- Use obvious tags like #ad or paid partnership — even if it's clear that the content is an ad
- Avoid unclear labels like "#spon" or "thanks to [brand name]"
- Labels must be visible before any call to action or drop down like “see more”
- Labels must be obvious on all devices
- Influencers must share genuine opinions in ads
- Avoid misleading claims — whether by exaggeration, omission, or ambiguity
- Claims must be backed by evidence
- No offensive content such as racism, sexism, or ageism
In short, influencers must make it crystal clear that content is advertising. Keep in mind that both the influencer and the brand are responsible for adhering to regulations.
What counts as advertising according to the ASA?
To fall under the ASA’s CAP Code, promotional content must be paid for and "controlled." Let's explore what that means.
According to the ASA, all of the following types of content are "paid for":
- paid-for promotional content, such as sponsored influencer posts and paid social media ads
- prize draws and giveaways
- affiliate marketing with promo codes or links
- gifted products
- trips and events provided by a company
- brand ambassadorships
Paid content that the brand does not control in any way falls only under the CMA's rules – the CAP Code does not apply.
For example, if a brand pays an influencer to create a post but gives them complete creative control, provides no guidelines, and doesn't reserve the right to check the content, the content is only legislated by the CMA. However, the brand and influencer must still label any paid or promotional content.
Plus, many brands will find that their influencer marketing content has an element of "control" — it's a very loose term.
As stated by the CAP Code, there is an element of "control" if the brand gives the influencer:
- brand guidelines
- messages or phrases to include
- hashtags to include
- themes
- actions to complete, such as an unboxing or get ready with me
- images to include
Both these messaging and content guidelines count as "control."
In addition, if the brand reserves the right to take specific actions, such as editing or removing the content, that falls under “control.”
For instance, when a brand sends a gifted product and asks the influencer to send content to be "okayed" before posting, it falls under the CAP Code.
The ASA in practice: How it enforces guidelines
When investigating a claim, the ASA will contact the advertiser to ask for its perspective and to substantiate any claims. For complex issues, the ASA may also ask industry experts for advice.
Once the initial investigation is over, the ASA will finalise the claim following these steps:
- Send a draft recommendation to the advertiser and original complainant, asking for confidential comments to inform the final report
- The draft is sent to the independent Advertising Standards Authority Council (ASA Council) for assessment
- The ASA Council then votes to decide whether the complaint should be upheld
- The final decision is shared on the ASA website for public viewing
If a brand feels that the decision isn’t fair, there is an appeal process.
What happens if you don't comply?
While the ASA won’t fine you, it will name and shame you. It publishes brand names and details on its website. The press and social media users often pick up these stories, which may cause consumers to lose trust in your brand, especially if the breach involved misleading content or untagged ads.
The ASA can also request that social media platforms remove or restrict your content. It may even block future ads. Therefore, ongoing investigations are likely to delay campaigns and disrupt your marketing strategy.
It’s important to remember that the ASA works with the CMA, which can take legal action, including court orders and fines. However, these cases are less common.
What's new? Recent updates & developments 2025
The ASA has tightened the rules in several areas:
Stricter labelling for paid partnerships
Transparency is not optional. Sloppy labelling is no longer excused on any platform: the rules apply whether you're working with TikTok, YouTube, or Instagram influencers. You must put labels at the start of ads rather than hidden mid-way or at the end of a video. In addition, when tagging an ad in a text box, it must be clear and before drop downs like "see more".
Unhealthy food and drinks
Influencers shouldn't promote HFSS (high fat, sugar, salt) products to under-16s. This rule applies to paid and unpaid content. If there is an audience of at least 25% under-16s or the setting is children's media, HFSS products can't be promoted.
In addition, if you post about alcohol or other age-restricted products, you need to comply with the rules about acting responsibly and not drinking excessively.
ASA disclosure guidelines for medicine: 2014 & 2023
In 2014, The Human Medicines (Amendment No. 2) Regulations 2014 introduced changes to simplify the information around ads for over-the-counter medicines aimed at healthcare professionals and suppliers. It also clarified prohibited gifts and benefits in medicinal advertising to ensure compliance with ethical standards.
In 2023, the ASA reinforced that advertising prescription-only medicines, such as Botox, directly to the public is prohibited – this includes on social media. Also, advertisements must not trivialise medical procedures or skip key information about risks and pre-consultations.
Avoid causing offence
Ads must not contain anything likely to cause serious or widespread offence, especially when it comes to any of the following topics:
- age
- disability
- gender
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex
- sexual orientation.
The ASA judges every case individually, considering the context, medium, and product.
Example of an ASA case on social media: Tala x Grace Beverley
In May 2024, the ASA ruled that Instagram and TikTok influencer Grace Beverley violated advertising regulations with six social media posts promoting her fashion brand, Tala. The ASA received over 50 complaints alleging that the posts were unmarked ads.
Lack of clear ad disclosure: According to the ASA, marketing communications must be "obviously identifiable”. However, Beverley's posts did not include explicit labels such as "#ad".
Tala argued that Beverley's followers knew she owned the brand, so ad labels were unnecessary. However, the ASA decided that many viewers, especially non-followers, wouldn't be aware of this connection.
Reasons for ASA's actions: Beverley did mention her involvement with Tala in the videos but only partway through. The ASA concluded the comments didn't count as immediate ad disclosure because viewers would engage with the content before realising any promotional intent.
Outcome: The ASA instructed that the ads must not appear again in their current form and emphasised that future advertisements should be clearly identifiable.
How to stay compliant (and still hit targets): ASA guide for brands and influencers
Here’s a compliance checklist for brands and influencers:
- Include #ad at the start of the caption or content
- Make the disclosure unavoidable – don’t bury it under a drop-down, midway through a video, or in a comment
- Give proof if an influencer makes claims, such as “best moisturiser ever”
- Keep records of agreements, compliant actions, and communications
- Check each social media platform’s guidelines
Often, ads receive fewer views than influencers’ regular content. However, that doesn’t mean you can avoid labelling content. Instead, take the time to create great campaigns that engage shoppers ethically.
Pro tip: Wondering whether your ad is an ad? Just disclose it. In addition, for extra transparency, be specific about the type of promotion, such as “#AD gifted” or #AD brand ambassador.”
Follow this link to the ASA's downloadable resource with a handy flowchart.
Making the case for legal compliance: Why should you comply with ASA guidelines?
Being honest is ethical and smart. Compliance isn’t just about avoiding fines or shaming. It’s about building trust with consumers.
Yes, standards may be higher than those of TV or film, where a Coca-Cola bottle can be shown on screen as per a paid agreement but not disclosed.
However, influencer marketing is a different channel where authenticity is a powerful lever. Ethical influencer marketing builds trust with consumers and stronger long-term relationships.
The consequences of naming and shaming may seem insignificant, but brand perception is delicate. It could take months or even years to rebuild trust with your audience after a ruling.
Plus, you may be blocked from certain marketing activities, and other influencers may choose not to work with you to maintain their reputations. This could severely limit future strategies.
About Kolsquare
Kolsquare is Europe’s leading Influencer Marketing platform, offering a data-driven solution that empowers brands to scale their KOL (Key Opinion Leader) marketing strategies through authentic partnerships with top creators.
Kolsquare’s advanced technology helps marketing professionals seamlessly identify the best content creators by filtering their content and audience, while also enabling them to build, manage, and optimize campaigns from start to finish. This includes measuring results and benchmarking performance against competitors.
With a thriving global community of influencer marketing experts, Kolsquare serves hundreds of customers—including Coca-Cola, Netflix, Sony Music, Publicis, Sézane, Sephora, Lush, and Hermès—by leveraging the latest Big Data, AI, and Machine Learning technologies. Our platform taps into an extensive network of KOLs with more than 5,000 followers across 180 countries on Instagram, TikTok, X (Twitter), Facebook, YouTube, and Snapchat.
As a Certified B Corporation, Kolsquare leads the way in promoting Responsible Influence, championing transparency, ethical practices, and meaningful collaborations that inspire positive change.
Since October 2024, Kolsquare has become part of the Team.Blue group, one of the largest private tech companies in Europe, and a leading digital enabler for businesses and entrepreneurs across Europe. Team.Blue brings together over 60 successful brands in web hosting, domains, e-commerce, online compliance, lead generation, application solutions, and social media.
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