Dealing with social media influencers—the UK
Produced in partnership with Caroline Swain of Charles Russell Speechlys LLP

The following TMT practice note produced in partnership with Caroline Swain of Charles Russell Speechlys LLP provides comprehensive and up to date legal information covering:

  • Dealing with social media influencers—the UK
  • What constitutes an influencer?
  • What are the disclosure requirements?
  • What if there is no brand control over the content?
  • The CAP Code—what happens if there is a breach?
  • Who is the regulator?
  • How is it regulated?
  • Ownership of content
  • Brand reputation
  • Key provisions in an influencer agreement

Dealing with social media influencers—the UK

This Practice Note is aimed primarily at brands wishing to engage with influencers (or other talent) for particular social marketing campaigns and advertising promotions in the UK. It covers:

  1. What constitutes an influencer in the UK

  2. Disclosure requirements

  3. Types of breaches and sanctions

  4. Regulation and oversight of endorsement activities

  5. Ownership rights to sponsored content

  6. Steps brands can take to protect their reputation

  7. Key provisions in UK influencer agreements

What constitutes an influencer?

In the UK:

  1. content is considered an influencer ‘endorsement’ or advertising where an influencer works with a brand to create content that they will post on their own channel and:

    1. the influencer has received ‘payment’ by a brand in relation to that content, and

    2. the brand has some form of ‘control’ over that content

    Both ‘payment’ and ‘control’ must be present for the content to constitute an advertisement and therefore be regulated by the Advertising Standards Authority (ASA), however, consumer protection legislation will apply if there has been ‘payment’ but there is no ‘control’—this is enforced by the Competition and Markets Authority (CMA)

  2. ‘payment’ is defined widely and includes monetary compensation, gifts, experiences, events and the promise of future payment (of any kind). Payment can also be indirect, if the influencer has a commercial relationship with the brand for which they are paid, content that they produce in relation to

Popular documents