As Carlton Daniel and Jack Wood cover in more detail at SPB’s IPtech blog, “[b]rands and agencies are responsible for ensuring that influencer behaviour on social media complies with ad disclosure rule. The Advertising Standards Authority (ASA) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts. Earlier this month, the ASA announced that it will take out ads of its own against six influencers, who despite previous warnings, have repeatedly failed to improve their ad disclosures in line with advertising rules. The ASA’s ads will alert consumers to the influencers’ failure to properly disclose their ads and will be targeted at the very same audiences that the social media personalities seek to influence.”

You can read their detailed analysis of this development here: ASA Goes ‘Ad for Ad’ Against Non-Compliant Influencers | Global IP & Technology Law Blog (