[SMK] Social Media Knowledge

DIGITAL MARKETING NEWS

No “Sponsored” tag? ASB says Instagram post “is an ad”

The Ad Standards Board (ASB) ruled a post by actor Kat Risteska was an ad, despite not including a “sponsored” (or other identifying) hashtag.

What happened?

Eco Tan sent Risteska samples of its body care products, and asked her to post a review on Instagram.

Risteska gushed about Eco Tan’s moisturiser on Instagram, and included in her post a link to the brand’s page and #ecotan.

But he didn’t include a tag identifying the post as an ad, leading an Instagram user to complain that the post breached the AANA Code of Ethics.

Was it an “ad”?

The Code was updated earlier this year to require advertising and marketing communications be clearly distinguished as such, and that commercial arrangements between a brand and influencer be disclosed by use of tags like “sponsored”.

However, if a post doesn’t fall within the definition of “advertising and marketing communications”, the requirement doesn’t apply.

Eco Tan argued:

  • it didn’t compensate Risteska other than providing free product, and had no input on her post. Therefore the post didn’t meet the definition of “advertising and marketing communication”.; and
  • even if the post was an ad, the inclusion of #ecotan and link to its Instagram page clearly distinguished the post as advertising.

The outcome

The ASB ruled that providing free product constituted “payment”, and in asking Risteska to post (and sharing the post on its own Instagram page) Eco Tan exercised a form of control, rendering the post an ad.

However, the ASB also found the post read more like a press release than Risteska’s own views and this together with the inclusion of the #ecotan hashtag meant the post was, in its view, clearly distinguishable as advertising.

Therefore the complaint was dismissed – a sensible outcome.

ABOUT THE AUTHOR
David Kelly is the founder of KHQ Approved, which offers fixed fee solutions across a range of areas (including marketing law and contract review).  Peace of mind from an experienced team for a reasonable price.

Learn with SMK through Sept 2022

Start your SMK: Digital Excellence 30-day free trial today and unlock unlimited, on-demand access to hundreds of hours of digital masterclasses, training courses and hands-on tutorials.

Your risk-free trial offers the perfect opportunity to expand and upgrade your digital intellectual property.

Each month SMK releases 30 hours of new and updated social media and digital marketing educational course content, ensuring you never get left behind – be it on digital strategy, tactics or implementation.

Alongside this, SMK offers live help and support weekly within the SMK Working Group. It might be a quick fix or the root of a bigger problem; either way, a problem shared is a problem halved. On a day-to-day basis, SMK’s team gives you hands-on support and fresh ideas.

Not to mention a shoulder to cry on, occasionally

Sept SMK Courses, Live Help & Support Options

Live Member Clinics every Monday & Tuesday from 1 pm – 2 pm AEST

  • Live help and support from SMK’s team of analysts.
  • Book in to request a personalised discussion for 15 or 30m via Zoom within the Facebook Working Group.

Weekly Techical Labs: LinkedIn Pages, Ads, Campaign Manager, Pixel Tracking, & More on Wednesdays from 1 pm – 2 pm AEST

  • Technical Labs explore the technological process and workflows related to key digital marketing activities.

YouTube Marketing: Organic & Paid Video Mastery on Thursdays from 10 am – 12 pm AEST

  • Module One: 2022 YouTube Marketing Trends, Opportunities & Challenges
  • Module Two: YouTube Channel Optimisation, Analytics & Video Engagement
  • Module Three: Understanding YouTube Video’s Algorithm & Content Marketing
  • Module Four: YouTube Video Ad Campaigns & Influencer Marketing

LinkedIn & B2B Social Media Marketing on Fridays from 11 am – 1 pm AEST

  • Module 1: 2022 LinkedIn & B2B Social Media Marketing Opportunities
  • Module 2: LinkedIn Content Marketing, Engagement & Brand Building
  • Module 3: Thought-Leadership, Employee Advocacy & Personal Branding
  • Module 4: Creating High-Performing LinkedIn Ads Campaigns

 

Leave a Comment