What New UK Advertising Rules Mean For Brands Working With Vloggers

How to avoid doubt, dis­claimers, and adver­to­r­i­al dilem­mas when work­ing with vlog­gers.

Pat Hong By Pat Hong from Linkdex. Join the discussion » 0 comments

Brands and mar­keters now rec­og­nize that devel­op­ing part­ner­ships with top blog­gers can add huge val­ue to influ­encer mar­ket­ing cam­paigns. Work­ing with vlog­gers on plat­forms such as YouTube is an authen­tic, engag­ing way to reach con­sumers and gen­er­ate brand aware­ness. How­ev­er, bal­anc­ing adver­to­r­i­al with authen­tic mes­sag­ing has always been a chal­lenge, espe­cial­ly in light of new UK adver­tis­ing guide­lines. Will these new rules impact how brands work with vlog­gers?


A new set of guide­lines from the Com­mit­tee of Adver­tis­ing Prac­tices (CAP) has out­lined a set of sce­nar­ios defin­ing what con­sti­tutes fair adver­tis­ing prac­tice for brands and influ­encers work­ing on video plat­forms.

The UK guide­lines fol­low Fed­er­al Trade Com­mis­sion (FTC) guide­lines released in 2013, which among oth­er things, advised that brand­ed blog­ger con­tent should “at the very least,” include a dis­clo­sure indi­cat­ing whether it was “Spon­sored” or an “Ad”.

Why These Guidelines Are Significant

Vlog­ging has become extreme­ly lucra­tive for brands and for influ­encers. A recent BBC report revealed that top UK vlog­gers can earn upwards of £20,000 per month for ban­ners and skins around the edges of web pages, or £4,000 for a brand­ed tweet or Insta­gram post alone. Ear­li­er this year, it was revealed that YouTube sen­sa­tion and vlog­ger, PewDiePie, earned $7.4 mil­lion for his gam­ing videos in 2014.

The impact for brands can be equal­ly impres­sive. Super­drug, fol­low­ing the launch a new line of cos­met­ics in part­ner­ship with UK YouTube influ­encer Zoel­la, sold a record break­ing 70,000 units in the first month alone, and brought in an esti­mat­ed £975,000 in sales after five months.

The #Zoel­laTut­tiFruity range at Super­drug broke UK records for sales in the first month.

The audi­ences these influ­encers com­mand means that form­ing an influ­encer part­ner­ship can be a lucra­tive propo­si­tion for brands. Vlog­ging is per­ceived as being authen­tic, audi­ences find their favorite per­son­al­i­ties relat­able, and they feel as if they are able to get good advice from them.

Zoel­la has been described by many of her audi­ence as being their ‘big sis­ter’; PewDiePie fans, on the oth­er hand, are com­mon­ly referred to as a com­mu­ni­ty of “bros.”

For this rea­son, how­ev­er, a del­i­cate bal­ance has to be stuck between adver­to­r­i­al or brand­ed con­tent and the con­tent that the fans of these influ­encers know and love.

What The CAP Guidelines State

The CAP guide­lines out­line a non-exhaus­tive list of eight dif­fer­ent sce­nar­ios where indi­vid­ual guide­lines apply, with the aim of increas­ing­ly trans­paren­cy around adver­to­r­i­al part­ner­ships.

The guide­lines go into spe­cif­ic details on how these rela­tion­ships can work going for­ward: con­tent pro­duced in col­lab­o­ra­tion between a brand and an influ­encer and dis­trib­uted via the brand’s own chan­nel for instance, is con­sid­ered trans­par­ent mar­ket­ing com­mu­ni­ca­tion. How­ev­er, if the same con­tent is uploaded to a vlog­ger’s own chan­nel, it is then con­sid­ered adver­to­r­i­al.

Chiefly, vlog­gers will be inter­est­ed in how the guide­lines will affect these “adver­to­r­i­al” videos, and the guide­lines state the fol­low­ing:

[When] there is pay­ment and con­trol by the brand, this is an adver­to­r­i­al and needs to be labelled upfront so that view­ers are aware and under­stand that it is an adver­to­r­i­al before engag­ing.”

The CAP guide­lines go as far as to advise against labels such as “Spon­sored by”, “Fund­ed by”, or lan­guage such as “Thanks to X for mak­ing this pos­si­ble”, as it may be mis­un­der­stood by con­sumers to mean that the brand has had no input on the con­tent.

Essen­tial­ly, the guide­lines con­firm that in instances where a brand and an influ­encer are part­nered, and the brand has a role in the con­tent being pro­duced, that dis­clo­sures or dis­claimers are nec­es­sary.

How­ev­er, that is not to say that every fash­ion video, or video game play-through from now on will need a dis­claimer. In cas­es where brands “spon­sor” a chan­nel or influ­encer, but retain no con­trol over the con­tent itself, the video will not be deemed “adver­to­r­i­al”, and no dis­claimers will be nec­es­sary. Equal­ly where brands give away free­bies to key influ­encers, with­out con­di­tions around the con­tent to be pro­duced, videos are also con­sid­ered non-adver­to­r­i­al.

(Read CAP’s full vlog­ger part­ner­ship guide­lines here.)

How Will Disclosures Affect Audiences?

Accord­ing to both FTC and CAP, dis­clo­sures for paid for adver­to­ri­als must be clear, which for the most part means adding a note in the video descrip­tion. Here’s an exam­ple from Zoel­la:

Over­all, there is lit­tle indi­ca­tion that such dis­clo­sures have a neg­a­tive affect on con­sumers. The com­ments, for exam­ple, are typ­i­cal­ly pos­i­tive and there is no crit­i­cism of the fact that the video is a paid for adver­to­r­i­al. If any­thing, con­sumers here expect a lev­el of brand­ed part­ner­ship and appre­ci­ate the added trans­paren­cy.

How­ev­er, that isn’t to say that all con­tent can be adver­to­r­i­al. The real rea­son peo­ple engage so well with vlog­gers is for the unspon­sored, authen­tic con­tent that they pro­duce. Many vlog­gers pro­duce a much greater depth of con­tent that is unspon­sored, fea­tur­ing prod­ucts they have picked out and pur­chased them­selves.

So-called ‘haul’ vlogs typ­i­cal­ly involve a show­case of prod­ucts an influ­encer has cho­sen them­selves.

While the occa­sion­al adver­to­r­i­al can be large­ly accept­ed by view­ers, vlog­gers could endan­ger the authen­tic­i­ty of their con­tent by cre­at­ing pre­dom­i­nant­ly brand­ed con­tent. How­ev­er, the occa­sion­al well-pro­duced adver­to­r­i­al, per­haps includ­ing a com­pe­ti­tion or prize give­away, can boost and accel­er­ate an influ­encer’s career.

As ever, bal­ance is the key.

In many cas­es, brands are still able to work in part­ner­ship with vlog­gers with­out pro­vid­ing dis­clo­sures by giv­ing vlog­gers full con­trol over the con­tent (in these cas­es “a nod to the spon­sor”) is deeemed suf­fi­cient to meet con­sumer pro­tec­tion leg­is­la­tion.

Key Takeaways

For brands look­ing to work in part­ner­ship with vlog­gers in the future, here are three key take­aways in light of the FTC and CAP guide­lines:

  1. Trans­paren­cy is key. If the con­tent is good, than con­sumers expect a lev­el of brand­ed part­ner­ship, and clear dis­clo­sure of adver­to­r­i­al con­tent is often appre­ci­at­ed. Such clar­i­ty can be ben­e­fi­cial for both brands and con­sumers, avoid­ing any poten­tial mis­un­der­stand­ings and main­tain­ing per­ceived authen­tic­i­ty of a vlog­ger’s con­tent.
  2. Main­tain a bal­ance between the num­ber of paid for adver­to­ri­als, and con­tent which is spon­sored with­out impos­ing con­di­tions. At the end of the day, it’s the gen­uine, unre­strict­ed and free aspects of a vlog­ger’s con­tent which con­sumers love and keeps them com­ing back.
  3. Trust in your part­ner­ships. Many vlog­gers have built rep­u­ta­tions and audi­ences on being high­ly in tune with that which their audi­ences want. If you’ve iden­ti­fied a vlog­ger who has a large fol­low­ing in a tar­get demo­graph­ic, it’s like­ly that they will have an acute under­stand­ing of what con­tent will be effec­tive for that audi­ence.

What are your tips for part­ner­ing with vlog­gers?

Pat Hong

Written by Pat Hong

Editor at Linkdex/Inked, Linkdex

Pat covers the SEO industry, digital marketing trends, and anything and everything around Linkdex. He also authors Linkdex's data analysis and reports, analysing the state of search in various industries.

Inked is published by Linkdex, the SEO platform of choice for professional marketers.

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