We are all acutely aware of ‘the rise of the influencer’ – the impact it can have on brands and the importance of influencer partnerships within a brand’s marketing mix in the modern world. However, one area of influencer marketing that can be confusing is how ads are monitored and regulated. In recent years, it’s become increasingly messy and, even for those who are digitally savvy, it can be tricky to muddle through the different ways of highlighting whether something is an ad, sponsored or gifted.
Influencer marketing and advertising has been subject to such a meteoric rise in recent years and as a result, the industry is far less regulated than most others. The ASA’s 2021 influencer monitoring report found ads being shared across all Instagram mediums were inconsistent, with stories and Reels being the worst offenders.
However, the ASA (Advertising Standards Authority) recently shocked the industry when it announced it was going to start ‘naming and shaming’ influencers who repeatedly mis-declare paid content via a new page on its website, which you can see here. It is also worth noting the ASA can act against brands repeatedly mentioned in undisclosed ads – as an agency, acting on behalf of its clients, it’s crucial we understand and adhere to these rules.
The news was met with mixed reactions but what’s LRR’s take on it?
Naming and shaming is well and good, but what does it achieve?
Much of the backlash around the announcement seemingly stems from the unfairness surrounding naming and shaming influencers. On their website, the ASA claims itwill give said influencers the chance to rectify their mistake and prove they are acting in accordance with the rules, but many feel the rules themselves are unclear. This isn’t untrue – the waters are murky.
If naming and shaming is unfair then how does the ASA encourage or instil rules and regulations? Many seem to think that better education (and simpler labelling guidelines) would improve the understanding of how to correctly label ads, by influencers of all levels. However, glancing at the four ‘named’ already, they each have 400k plus followers and could be classed as reality TV stars. Does this indicate that, perhaps, they don’t see being an influencer as their main job and therefore don’t take it as seriously as others? It’s worth noting the ‘wall of shame’ on the ASA’s website has not been updated since it was announced.
What does this new approach people really achieve? Will it put brands off working with them? From our perspective, as agency it probably would.We wouldn’t want clients to be penalised because of incorrect labelling, something we consider a key part of any contract or negotiation with an influencer.
But will a name on a website really deter repeat offenders? As well as not having the power to fine influencers, the ASA also has limited budget and resources to protect consumers – this could be a quick fix whilst they develop a better, more impactful solution.
The ASA and CAP (Committee of Advertising Practice) websites are full of information relating to Instagram advertising practices and educational tools that encourage creators and influencers to understand and take the rules more seriously. As the ASA’s recent report stated, there is still a large proportion of those who don’t – so this new approach may end up being exactly what is needed to inspire change.
As with any job, it’s the influencer, and brand’s, responsibility to know and understand the rules
Whilst it might seem unfair, the ASA has stressed this new practice is a last resort and will only happen when multiple warnings have been issued. In any job, if multiple warnings are given and there’s a chance to rectify your mistakes but a failure to do so, is it naive to expect zero consequences?
In other European countries, such as Austria and Germany, such practices – where fines are distributed to both brands and influencers who aren’t compliant – already exist and have done for years, so why has the UK been so much slower on the uptake?
Arguably, if your job, or even part of your job, is to influence your audience and work with brands to create content, then it’s part of your job to know and understand the rules. This isn’t just down to the influencers, either, but also the responsibility of PR agencies, influencer managers and brands to understand the nuances of labelling as best they can.
Many people are digitally savvy and, despite the different types of labelling, can differentiate between an ad and organic content- but not everyone is au fait with the rules. If you’re using the platform to promote something, there is a duty to use it responsibily – which not everybody does.
In 2020, 61% of complaints received were in response to ad disclosures on Instagram. The same year also saw a 55% increase in complaints about influencers, in comparison to 2019. These are quite high figures and ones we assume the ASA didn’t feel it could ignore. At the end of the day, the ASA’s primary role is to protect the end consumer. However, could there be more fluid and open communication between the ASA and influencers? The consensus seems this doesn’t exist, and shaming influencers will only polarise the two further.
So, what’s next?
As a PR agency, LRR handles multiple influencer campaigns for clients and it’s our job to stay on top of new rules and regulations from the industry and to ensure our clients comply with them.
The use of influencer campaigns in marketing and PR strategies isn’t going anywhere – spend by brands is only increasing – so it’s crucial we are educating ourselves and complying with new practices and, in turn, sharing this knowledge with our clients.
Looking for an agency to help create, support, and execute influencer campaigns for your brand? Get in touch with the team on everyone@littleredpr.co.uk
