The answer is a resounding YES. And trust us, we do have a lot to cover. Wait, do not run away just yet! This is actually pretty interesting (I promise).
First things first, let’s define what constitutes an influencer in the UK.
Simply put, an influencer is someone who collaborates with a brand to create content that will be posted on their personal social media channel. And, you guessed it – the brand has some control over that content. Think Kim Kardashian promoting skinny tea. But wait, there is even more to it. In true legal fashion, if the influencer gets paid by the brand for promoting their products on their social media, it is considered an endorsement or advertising and this, is subject to a lot of rules and regulations.
So, what are these regulations?
First and foremost, disclosure is the name of the game. If you are getting paid for a post or story, you better believe you need to let your followers know. In other words, #sponsored, #ad or “paid partnership” are your new best friend. You cannot try to sneak in ads and hope no one notices. The UK’s Committee of Advertising Practice (CAP) has some strict guidelines on this and trust me, you do NOT want to get in trouble with them.
Influencers also have a responsibility to their followers and that means promoting products or services that will not cause harm or offense. So before you start flogging detox teas or questionable beauty treatments, think twice about the impact it could have on your followers’ physical, mental or emotional health.
Now, you might be thinking “What if the brand has zero control over what I post?” Well, guess what? The rules still apply. You still have to disclose it, even if it is just a free product or service. So before you go post about that “amazing” new product you just got, make sure you give credit where credit is due (aka disclose that you were given that product for free).
And what happens if there is a breach of these regulations?
Well, you could face various sanctions depending on the severity of the breach.
You might have to take down your post, issue a correction, or even face legal action. And the brand? They are not off the hook either and could face some hefty fines.
But who is keeping an eye on all of this?
The UK’s Advertising Standards Authority (ASA) is the main watchdog here, and they take their job very seriously. They investigate complaints, issue sanctions, and even refer cases to other authorities if necessary. So beware! The ASA is watching you.
But it is not just about being transparent – brands need to protect themselves too. That means making sure they have the right to use any content created by influencers in sponsored posts. So, influencers, be sure to read those contracts extra carefully. Are you retaining ownership rights? Or is there a transfer of ownership in the agreement?
Finally, to avoid any reputation-damaging situations, brands can start by including key provisions in their contracts. That means covering things like ownership of content, disclosure requirements, and honest opinions (no fake reviews, please).
In conclusion, there are definitely laws and regulations regarding influencers in the UK. But it is not all doom and gloom, you can still have fun and create awesome content, as long as you follow the rules.
Stay safe out there, if you are ever unsure about a contract or need some guidance, contact us at hello@lawsocial.co.uk or give our friendly team a phone call on 0207 790 7311.
We are always here to help, and we promise we will not bore you with legal jargon.
