UK influencer ad rules: when to say #ad

If you are paid, gifted or have a business relationship with a brand, UK rules say your audience must be able to tell. Here is how that works on TikTok and Instagram.

Updated 22 October 2026 · InstantViral guides

Illustration: an ad label beside a phone

This is a plain-English summary for general information, not legal advice. The official sources are the Advertising Standards Authority (ASA), the Committee of Advertising Practice (CAP) and the Competition and Markets Authority (CMA). Check their current guidance before relying on it.

Who enforces what

The ASA enforces the UK Code of Non-broadcast Advertising (the CAP Code). Its central rule for social media is that marketing must be obviously identifiable as marketing.

The CMA enforces consumer protection law, which since April 2025 sits mainly in the Digital Markets, Competition and Consumers Act 2024. It covers hidden advertising, misleading claims and fake reviews, and the CMA can now fine businesses directly.

When a post is an ad

Broadly, a post needs labelling when two things are true:

  1. You have been paid or rewarded in some way: money, free products, a commission, a discount, a trip, or an ongoing relationship with the brand.
  2. The brand had some control over the content, such as approving it or asking for particular messages. (Under consumer law, a material connection alone can be enough to require disclosure, even without control.)

Affiliate links count. Gifted products you were not asked to post about still create a connection the audience should know about; the CMA’s guidance treats gifts as a connection that needs disclosing.

How to label properly

  • Use “Ad”, “Advert”, “Advertising” or “Advertisement Feature” clearly and up front. The ASA has repeatedly said that “#sp”, “#spon”, “#collab” or a thank-you to a brand are not enough.
  • Put it where people see it before they engage: at the start of the caption and, for video, on screen at the start.
  • Use the platform tools as well, such as TikTok’s content disclosure setting and Instagram’s “Paid partnership” label, but not instead of a clear label.
  • Label every post, including each Story frame, not just the first.

Rules for businesses

If you run a business account, you are responsible for your own posts and for the ads you pay creators to make. The CMA also expects you to make sure creators you work with label correctly.

Two things matter especially if you buy engagement:

  • Fake reviews are banned. The 2024 Act lists submitting or commissioning fake consumer reviews, and presenting reviews misleadingly, as practices that are unfair in all circumstances.
  • Don’t use inflated numbers as claims. Telling customers “50,000 people follow us” when most of those followers were bought could mislead them about your popularity. Keep bought numbers out of your marketing claims.

Creators: a simple checklist

  1. Was I paid, gifted or offered anything? If yes, disclose.
  2. Does the label say “Ad” (or similar) clearly, at the start?
  3. Is it visible on screen in a video, not only in a caption people might not read?
  4. Have I switched on the platform’s disclosure setting too?
  5. Am I making any claim about the product I can’t back up?

Working out what to charge for a sponsored video? Try the TikTok earnings calculator.

Questions people ask

Do I need #ad if I was only gifted a product?
If there is any connection with the brand that your audience would want to know about, disclose it. The CMA treats gifts as a material connection. “Gifted” on its own is often not enough when the brand had any say in the post.
Is #sp or #collab enough?
No. The ASA has ruled against these as unclear. Use “Ad” or “Advert”.
Can a business buy followers?
It is not illegal in itself, but the business must not use bought numbers to make misleading claims to customers, and buying or writing fake reviews is banned.
Who can fine me?
The CMA can now impose fines for breaches of consumer protection law. The ASA can require ads to be changed or removed and can refer persistent offenders.