The latest on disclosure rules for digital influencers

When it comes to the commercial aspects of digital influencers, one of the most commonly discussed topics and queries is: “Do I have to acknowledge a commercial post?” While in Australia the law doesn’t require an influencer or blogger to disclose a sponsored post, the International Consumer Protection and Enforcement Network (ICPEN) has recently issued new guidelines for branded content that provides general best-practice guidance to digital influencers across the board – including bloggers, vloggers, websites, and social media influencers.

The ICPEN is an organisation consisting of the consumer protection authorities from 60 countries around the world. And just in case you were wondering – yes, Australia is part of the ICPEN. The past 12 months has seen the network focusing on online reviews and endorsements, with the new guidelines developed to help digital influencers “act appropriately when they are paid or induced to talk about goods or services”. 

Below, BD takes a closer look at the new guidelines and what this means for influencers.

Disclose all paid-for content clearly and prominently
According to the guidelines: “Digital influencers should ensure that any content that they post, for which payment has been received, is clearly identifiable to readers/viewers as paid-for content.” It goes on to state that “paid-for” is not limited to financial payment – but also incentives such as free clothes or event tickets. It stipulates that paid-for or incentivised content can include everything from advertisements, advertorials, product placements, sponsored posts, sponsored links, articles written in collaboration etc.

So how does one go about this without turning off the reader/viewer? At Tribe, it recommends its influencers to “Simply add #spon for sponsored post in your caption if you feel your audience can't reasonably identify branded content.” At BD, we pop the words, “Article produced in partnership with [insert brand]” at the end of our sponsored articles. And Cosmopolitan online has a tagline at the top saying, “Brought to you by [insert brand]”. Whichever way you opt to disclose the sponsored post, it doesn’t need to be clunky – you can just seamlessly add in a tagline or hashtag on the post and be safe in the knowledge that you’re not misleading your audience (while at the same time adhering to the ICPEN guidelines). 

Disclose other commercial relationships
Following a similar concept, ICPEN further states: “More generally, digital influencers should tell their readers/viewers about any relevant commercial relationships that they have with businesses featured in their online content. For example, they should say if they are paid to be a business’ brand ambassador.” An example of this would be if a digital influencer was the brand ambassador for a brand. He/she may not have been paid to do a specific post, mention or endorsement, but includes the brand in content due to the ambassador role. 

Give genuine views on markets, businesses, goods or services
Bloggers and influencers have an opinion – that’s what makes them so popular. People want to know what a digital influencer’s honest opinion is and then uses this to shape their own decisions. Because of this, the ICPEN asks that digital influencers are very transparent on whether a review is indeed their own opinion. “If a writer or speaker presents an opinion and/or experience as being their own, or otherwise gives that impression, then this is what readers/viewers will assume it to be. If, for whatever reason, the writer or speaker is not giving their own genuine account of what they think or experienced, then this should be explained to readers/viewers.” 

The network went on to say: “Digital influencers should ensure that it is clear whose opinion or experience is being stated (e.g. their own, an employee’s, a guest contributor’s, or an advertiser’s). Digital influencers should never pretend to be an expert or authority on a subject (for example), when stating the health benefits of a product). If they are experts or authorities on a subject, they should explain how.”

Earlier this year, Styling You blogger Nikki Parkinson made a good point to Mumbrella on why digital influencers should give genuine views: “I don’t want to deceive my readers. I’m upfront about commercial arrangements, giving them the opportunity to click away. Only 4 per cent of them do. Ninety-six per cent of my readers are more than happy with sponsored content appearing on my blog or social media because they trust that I’ve made good choices about whom I work with in the first place.

“I don’t take up every commercial opportunity that comes my way. On average I’d knock back two or three campaigns for every one that I accept. Successful online influencer businesses are successful because the influencer values their community and works hard every day to maintain the trust of their community. Trust comes from honesty and I don’t need a code of ethics to tell me how to be honest. I just choose to be.”

Say ‘no’ to non-compliant businesses
Lastly, ICPEN advises that “digital influencers should turn down requests from businesses for them to post paid-for content without proper disclosure.” An occurrence that is happening all too often, according to a recent SheSpeaks survey. The survey found one in four influencers have been explicitly requested by brands not to disclose the fact a post was paid for promotion. SheSpeaks founder and CEO Aliza Freud sides with the ICPEN on this one, stating: “Any decent influencers are highly aware that they have to disclose and do it properly.” 

And while the ICPEN guidelines may have only just been released, it seems digital influencers are already on the right track when it comes to acknowledging commercial partnerships – with the SheSpeaks survey finding 95 per cent make a point to disclose ads to audiences, and 91 per cent reveal when they are being compensated for a gig.