The ASA rules for influencers come from Section 2 of the CAP Code, which says marketing must be obviously identifiable as marketing. In practice, the ASA expects influencer ads to carry a prominent Ad label upfront, so viewers know it's advertising before they engage, without clicking or needing special knowledge.
If you're a UK creator, or a brand or agency working with one, these are the rules the Advertising Standards Authority (ASA) uses when someone complains about a post. The ASA's own research, including a 2026 study on consumer awareness of influencer marketing, found people struggle to tell influencer ads from ordinary posts, so it puts the burden on brands and influencers, not on the audience. Here's what that means for every post, story and video.
When a post counts as an ad
The ASA's advice says that whenever a brand gives an influencer a payment or any other incentive, requested or unsolicited, or the influencer is otherwise connected to the brand, content featuring that brand needs to be disclosed. That's a consumer protection law requirement enforced by the Competition and Markets Authority (CMA) and Trading Standards. Where the brand also has editorial control, the ASA can act under the CAP Code as well.
| Situation | Does it need an Ad label? |
|---|---|
| Paid post or video | Yes |
| Gifted product, even if you didn't ask for it | Yes, if you feature the brand |
| Affiliate link or discount code in the content | Yes: the ASA says you're acting as an advertiser |
| Promoting your own brand or products you helped create | Yes: it's marketing under the CAP Code |
| Owner, employee, shareholder or director of the brand | Yes |
| A brand you bought yourself and have no link to | No |
Which labels work, and which fail
The ASA and CMA prefer labels that call the content advertising, such as Ad. You don't need a hashtag, as long as the label is prominent and clearly separate from other content. Labels the ASA has ruled, or advises, aren't clear enough:
- Gifted, Supported by, Funded by, In association with, or Thanks to X for making this possible
- Abbreviations such as aff, sp or spon
- The word affiliate on its own, which audiences may not read as advertising
- An Ad label buried in a block of hashtags at the end
- A label in a colour that contrasts poorly with the background
- A label below the fold, where people have to tap See more to find it
Platform tools can help. The ASA says a tool like Instagram's Paid partnership label may be enough if it's upfront, clear and prominent. My guide to adding the paid partnership label on Instagram shows where to find it, but the safest habit is still to add Ad yourself at the start.
Where the label goes
- Put it upfront, which usually means at the beginning of the caption or post.
- For video on platforms like Instagram and TikTok, make the commercial intent clear before people click to watch if possible, or from the very start if not.
- Label every story frame or post that features the brand; the ASA has applied the rules to stories as well as feed posts.
- Check it's visible on desktop, mobile and in-app.
- Don't rely on your bio or earlier posts: posts get seen on their own in feeds and search.
That last point has been tested. The ASA has ruled against posts where the influencer's bio said they were a brand ambassador, and against a post where regular followers would have known about the relationship from earlier content, because each post can appear in isolation.
Virtual influencers are a growing part of this, and our guide to virtual influencers explains what they are.
Who's responsible
Both. The ASA says brands and influencers are both responsible for making ads obviously identifiable, and when an advertorial breaches the CAP Code, both the influencer and the brand are named in the ruling. For affiliate content, the ASA typically treats the brand as at least jointly responsible, whether or not it knew about or controlled the specific post. If affiliate links are a big part of your content, my guide to disclosing affiliate links goes deeper on that format.
The 2026 edition of the Influencers' guide, written with the CMA, adds information on fake consumer reviews and on the CMA's enforcement powers under the Digital Markets, Competition and Consumers Act. If you collect reviews as well as run creator campaigns, my guide to the DMCC Act fake review rules covers that side.
A quick pre-post checklist for brands
- The brief tells the creator to put Ad at the start of every post, story and video
- Gifted products are treated the same as paid deals
- Affiliate links and codes trigger a label
- You review the first post before the campaign scales
- You keep a record of who was paid or gifted what
My verdict
Use the word Ad, put it first, and put it on every piece of content that features a brand that gave you anything. Adding it takes seconds; an ASA ruling names you and the brand in public. If you're a business hiring creators, write that rule into the brief, because the ASA will hold you responsible too.
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For a plain explanation of what sponcon means, you'll find more in our guide to what sponcon means.
Frequently asked questions
What are the ASA rules for influencers?
Section 2 of the CAP Code says marketing must be obviously identifiable. The ASA expects influencer ads to carry a prominent Ad label upfront so people know immediately that content is advertising.
Do gifted products need to be labelled as ads?
Yes. The ASA's advice says any payment or other incentive, requested or unsolicited, means content featuring the brand needs to be disclosed.
Is the word gifted enough as a label?
No. The ASA says labels like Gifted, Supported by, Funded by and In association with are unlikely to be clear enough.
Do I need to use #ad?
No hashtag is required. The ASA says a label like Ad is fine without a hashtag if it's prominent and clearly separate from other content.
Is Instagram's Paid partnership label enough?
The ASA says a platform tool like Instagram's Paid partnership label may be sufficient if it's upfront, clear and prominent.
Do affiliate links count as advertising?
Yes. The ASA says an influencer who includes an affiliate link or code is acting as an advertiser, so content referring to that product counts as advertising.
Who gets in trouble if an influencer ad isn't labelled?
Both. The ASA says both the influencer and the brand are named in a ruling when an advertorial breaches the CAP Code.
