In short: A creator's post is an ad if they received anything of value for it, including free products, gifts, trips or commission. Label it clearly and at the start with "Ad" or "Advert", since the ASA and CMA guidance recommends those words. Words such as "sponsored", "gifted" or "PR" are not enough. Brands must write labelling into contracts and act quickly when a post is wrong.
A creator's post is an ad when a brand has given them something of value for it, and it must be labelled as one. The ASA and the CMA set out how in joint guidance. The label has to be clear and at the start, and the brand is responsible for making sure its creators follow it.
When a post counts as an ad
The ASA's October 2026 guide treats these as payment or incentive, which means the post is an ad:
- Free products, gifts, trips, hotel stays and event invitations, even if unsolicited.
- Commission and exclusive discounts.
- Commercial ties, such as being a brand ambassador, shareholder or company director.
- Promoting a brand owned by the creator, their family or their friends.
The rule applies even if the creator had no obligation to post. The gov.uk guidance treats any form of incentive or reward as payment, including gifts, discounts, commissions and free or preferentially priced loans or leases.
How to label
- Use "Ad" or "Advert". The ASA guide recommends #Ad, #Advert, #Advertising, #Advertisement and #AdvertisementFeature, and extra words are fine if the ad nature is clear at the start.
- Do not rely on "sponsored", "spon", "sp", "gifted", "PR" variants, "in partnership with", "supported by" or simply tagging the brand. The guide lists these as insufficient.
- A platform's branded content tool counts only if the label is upfront and prominent. If it blends into the background, add your own label.
Where the label goes
- At the very start: the first line of the caption, the title, the thumbnail or the first seconds of a video.
- Not buried in a cluster of hashtags, hidden behind "more", or added partway through a video.
- On every story in a series, and on each piece of content repeated across formats.
- On the specific advertising segments of a long video.
What brands must do
- Write labelling into the contract or brief, including for free gifts.
- Adopt a brand conduct policy that matches the ASA and CMA guidance, and make sure agencies understand it.
- Check content that mentions your brand. You can be held responsible for misleading content published on your behalf.
- Act promptly on mislabelled content, with the creator and any intermediary. Do not leave it up.
- Review creators who keep failing to label. Repeated failures put the brand at risk if it carries on working with them.
Enforcement
The 2026 guide rests on the Digital Markets, Competition and Consumers Act 2024 and the CAP Code. The CMA can act directly and impose penalties for breaches of the unfair practices rules in Part 4 of that Act. ASA sanctions are unchanged, including listing a non-compliant influencer on the ASA's non-compliant page for up to three months.
Common mistakes
- Assuming free product is not an ad.
- Relying on a platform tick box that sits behind "more".
- Using vague labels and assuming the audience will understand.
- Leaving the rules out of the brief and hoping the creator knows them.
If you would rather make the brand's own content than brief a creator, the content studio page describes the done-for-you shoots Granary runs. Filming people also raises data protection questions, covered in filming people in the UK.
Sources
- gov.uk, Social media endorsements: guidance for brands (updated 28 August 2025), read 5 November 2026
- ASA and CAP, Influencers' guide to making clear that ads are ads (October 2026 edition), read 5 November 2026
- Lewis Silkin, New influencer guidance from the ASA, CAP and CMA: what has changed (23 October 2026), read 5 November 2026
Related guides
The picture at the top of this page is an illustration, not a photograph of a client or a real job.
Questions we get asked
Do I have to label a post if a brand only sent me free products?
Yes. The ASA and CMA guidance treats free products, gifts and other non-cash benefits as payment, even if the creator had no obligation to post. The post needs a clear, upfront ad label.
Is #sponsored enough to label an influencer post in the UK?
No. The ASA's October 2026 guide lists "sponsored", "spon", "sp" and "gifted" among labels that are insufficient. Use "Ad" or "Advert" at the very start of the post.
Who is responsible if an influencer does not label a sponsored post?
The brand as well as the creator. The CMA and ASA guidance says everyone in the chain is responsible, so brands should write labelling into contracts and act promptly on any post that is wrong.
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