In February 2026, the Advertising Standards Authority (“ASA”) published the findings of independent research exploring how consumers recognise advertising disclosures across multiple platforms.

Published: 16 March 2026
Authors: Adam Flynn

In this article, we outline the ASA and the Committee of Advertising Practice’s (“CAP”) approach to regulating influencer marketing, summarise the key findings of the new research, and explain what this means for businesses using influencers to promote their products.

What is the ASA’s approach to regulating influencer marketing?

It is no secret that the ASA is focusing increasingly on proactive, project-based enforcement rather than reactive, complaints-based enforcement. For example, in its “AI-assisted collective ad regulation” 2024-2028 strategy, the ASA committed to investing more in preventative and proactive work rather than reactive complaints casework. This is in no small part thanks to the ASA’s seemingly ever-evolving capacity to monitor huge quantities of online ads with the use of its AI-assisted Active Ad Monitoring system.

But despite this evolving approach to ad regulation, the ASA and CAP have continued to update and release guidance on influencer marketing and influencer ad disclosure. In recent times, various materials have been released explaining how to make clear that an ad is an ad (i.e. what # labels to use, and where to place ad labels). Some of these materials are set to be updated in light of the findings of this new research.

Additionally, there has always been a consistent stream of ASA rulings banning influencer or affiliate ads which were not obviously identifiable as marketing communications, and which therefore breached Rule 2.1 of the CAP Code. In the last five years alone, approximately 50 rulings have been released on this very topic.

What does the new research say?

The new research was commissioned as the ASA wanted to explore how ad disclosure operates in today’s platform environment, and to provide an updated assessment of consumer interpretation and experience.

The research shows that whilst contextual signals (i.e. the mentioning of a brand, an overly promotional tone, a call-to-action etc) can shape a consumer’s first impression about whether a post is advertising, it is clear that ad disclosure plays a crucial role in helping consumers recognise influencer marketing. Ad disclosure acts as a “confirmatory backstop”, allowing consumers to be sure about the commercial nature of a post, and is described as a “critical mechanism for ensuring clarity in fast-scrolling, mixed content environments”.

Both the wording and the placement of disclosure matter. Clear labels (i.e. ‘Ad’ or #ad) and prominent platform-specific labels (i.e. TikTok’s “Commission Paid” label or Instagram’s “Paid Partnership” tool) were most effective in disclosing advertising. The use of ambiguous labels (i.e. #gifted, #thanks) increased the risk of confusion amongst consumers, and performed poorly. Consumers expected disclosure to be immediate, prominent and visible (i.e. at the start of captions) rather than buried within captions.

What should brands do now?

The number of ASA rulings related to influencer marketing show that the ASA has always considered the issue of influencer ad disclosure to be a serious one. Whilst it is certainly true that most of these rulings were released in 2021 – 2024, with the ASA’s Active Ad Monitoring system now in full effect, and in the wake of this newly published research, it is certainly possible that the ASA could turn the spotlight to non-compliant influencer marketing once more. Indeed, the ASA have stated that, in light of the findings, it will continue to take proportionate action where disclosure falls short.

On that basis, it may not be too long before we see the publication of a series of rulings banning unidentifiable influencer ads as part of a proactive, AI-assisted monitoring sweep. Being named as a party to an ASA ruling can carry real reputational consequences for the brand, as well as the influencer. If an influencer receives payment or other form of incentive from a brand, and that brand has editorial control over the content, the ASA can take action under the CAP Code.

Additionally, omitting the information that consumers need to make an informed decision (and failing to make clear a commercial relationship) could amount to an unfair commercial practice under the Digital Markets, Competition and Consumers Act 2024 (DMCC). Breaches of the DMCC can result in large fines, particularly given the Competition and Markets Authority’s new powers under the direct enforcement regime. For more information, see here and here.

With this risk in mind, it’s more important than ever that brands are clear about what to do when it comes to ad disclosure, and that the influencers they have collaborated with are too.

Key takeaways for brands from the research

• disclosure should be explicit and clearly communicate that content is advertising (i.e ‘AD’, #ad, use of platform specific tools)
• disclosure should be upfront and immediately visible (i.e. at the start of a caption)
• disclosure should work quickly in the context in which content is consumed, including fast-scrolling feeds.

If you require any assistance with your influencer marketing, or would like to discuss your advertising concerns and challenges more generally, please do get in touch with Adam Flynn and Stephen Johnstone.