Yesterday we published a new AdviceOnline article giving advice to vloggers and brands seeking to market via vlogs about how to comply with the requirements of the CAP Code on ensuring that marketing communications are identifiable. We have had guidance available on Video blogs since November 2014, but based on enquiries to Copy Advice and the nature of complaints received by the ASA, we decided that more detail was necessary.

Video blogs: Scenarios provides an overview of the principles and a non-exhaustive list of scenarios to help brands and those who usually create editorial content to avoid misleading viewers about the nature of the content if there is a commercial relationship in place.

This guidance is new, but the rules and principles which underpin it are not. In fact, the Advertising Standards Authority’s first ever Annual Report published in 1964 (available at the time for a cost of 2 shillings and now available on the ASA’s website for free) specifically deals with its concerns regarding “Advertisements Presented in the Style of Editorial and News Matter” and calls for “discontinuance of these and similar practices which allow advertisements to masquerade as editorial or news matter is necessary to prevent readers from being misled”.

Consider the context and presentation

The context in which marketing content appears is key. In most cases, if a brand talks about a product in space they control or have paid for, it’s likely to be clear from the context that it is a marketing communication. For example, display ads aren’t labelled as ads – it’s clear from how they are presented that’s what they are. It’s worth noting, however, the ASA has ruled against a Youtube channel and video which didn’t make clear enough that the 'brand' was owned and controlled by a particular advertiser. Another, more problematic website reviewed products without being clear they were a competitor.

Although subject to a different Code (the UK Code of Broadcast Advertising), broadcast television commercials have been known to use labelling in circumstances where the style of the content is such that the fact the ad is being shown in a commercial break could be insufficient to avoid viewer confusion.

Think about control

Advertorial content is controlled by the marketer, not the publisher, and is written in exchange for a payment or other reciprocal arrangement. For more information please see this guidance about advertisement features.

If something is an “advertorial” it needs to be made clear. In the offline non-broadcast world this is usually done by stating “advertisement feature” or similar at the top of an article.

Be aware of the wider picture

It’s also important to remember that consumer protection legislation (enforced by the Competitions and Markets Authority) may apply to a broader extent to marketing activities which fall outside the remit of the CAP Code. Earlier this year, following a call for information, the CMA opened an investigation using its consumer enforcement powers into a number of companies in connection with the potential non-disclosure of paid endorsements. The report highlights concerns they have about online reviews and testimonials and gives a detailed explanation of the wider regulatory landscape.

Trust is key

Ultimately, if consumers don’t trust advertising, everybody loses so discussions between a brand/advertiser and vlogger about who has control, and the nature of any necessary labelling need to happen early on.

We hope the new Video blogs: Scenarios guidance will be a helpful starting point and, as always, do get in contact with Copy Advice if you have any questions.

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