3 Laws brands working with influencers should know

When entering the world of influencer marketing, rules and regulations around content for brands can seem a little murky. When should an influencer use #ad? What constitutes an ad? Can I place user-generated content on my website?

Where to find guidance

We are about genuine authentic content here at Freestak. And for the sake of influencers, brands and audiences we want the best content to be produced. We recently downloaded the Bird & Bird Digital Marketing App which provides guidelines around influencers posting brand related content. In a global market it is particularly helpful in giving information on the differences in the laws between territories.

Having explored the app, we picked out 3 key points that are particularly helpful.

  1. Labelling
    CAP Code guidelines set out a 2 stage test for labelling social media posts as advertising. The content is advertising if it is controlled by the marketer, not the influencer, AND written in return for payment/product.
    Therefore, when briefing influencers about the product or promotion they are involved in for the brand, ensure you are not dictating the content if you do not want it be considered an ad. If you are providing the content you must ensure they use #ad, #advertisement or #advertorial.*
  2. Permission
    Obtain permission from the content creator if you wish to use it on your website or social channels. You do not own the content they produce because they tagged your brand.
  3. Different Countries
    Laws can vary between country and between social channels. When in doubt, there is no harm in double checking!

Craig Gilles, Partner at Bird & Bird, told us

Marketers often mistakenly believe that the laws governing advertising don’t apply in the online world. In fact, the rules applicable to digital marketing can be even more complex. It’s always wise to check these before running any digital campaign.

Example – current Freestak campaign

We are currently running a campaign for top running brand 361°, who have asked runners to demonstrate how they are going one degree further. So although they have seeded influencers product, the content is not classified an ad because they have not dictated the content, or provided the images or text. This image is the perfect example how brilliant images showing your brand can be produced this way.

The freedom to create

The best way to produce awesome content for your brand is to give content creators free reign. This is what they do best, create amazing images, clever tweets and engaging videos. Traditional advertising is boring everyone. If you want to make audiences sit up and listen, work with people who they are already listening to. Influencers are the ones engaging with your target audience, cutting through the advertising noise.


*NB. An example is this blog. We have not had the content dictated by Bird & Bird, received any free product, or financial rewards from them. We just believe it is a useful tool so wanted to share it with our audience!



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