20 per cent of all complaints to Advertising Standards Authority last year were about social media influencers

Influencers are falling foul of the Advertising Standards Authority after 20 per cent of all complaints the body received last year were about influencers' social media posts.

The self-regulatory body revealed they got 1,402 complaints about 1,134 adverts - with 279 of those about online personalities. They said 95 were received after the launch of Joint Guidance on Influencer Marketing with the Competition and Consumer Protection Commission (CCPC) in October 2023.

The initiative also saw the introduction of an anonymous Social Media Influencer Content Complaints Reporting Form. They revealed they received 903 notifications about content by some 300 social media influencers between November 17 and the end of the year.

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Social media trendsetters must make clear if any of their posts are adverts by including a label or hashtag. Most of the notifications submitted through the form related to influencers not clearly defining whether their content was organic or if they were paid to post.

The sector that attracted the second greatest number of complaints was “Health and Beauty” (221), followed by “Leisure” (153) and “Household” (111). Out of the total 1,134 advertisements complained about last year, 59 were found to be in breach of the Advertising Standards Authority Code of Standards for Advertising and Marketing Communications during 2023.

The details, which were contained in the ASA’s annual report, also revealed 68 per cent of complaints were about misleading adverts, while 8 per cent were because an advert was offensive. The rate of overall complaints also jumped last year from the 1,189 received in 2022.

The Advertising Standards Authority revealed over the last 12 months that they have worked closely with Coimisiún na Meán “to explore areas of common interest and agreed to progress the development of a Memorandum of Understanding which will set out how both organisations will cooperate in this regulatory space, seeking to ensure best outcomes for consumers, industry, and society”.

The body also said they have engaged with the European Advertising Standards Alliance (EASA) to continue progressing discussions with Coimisiún na Meán about potential solutions to the challenges posed by the regulatory landscape.

The Advertising Standards Authority said they have also held discussions with the Gambling Regulatory Authority of Ireland to discuss the Gambling Regulation Bill 2022. They confirmed both organisations will continue discussions to develop an engagement framework on how a relationship between the two organisations would develop.

The ASA also found most people complaining about telecommunications companies took issue with the term “unlimited” in circumstances where a Fair Use Policy was applied.

Chief Executive of the Advertising Standards Authority, Orla Twomey, said: “This year has seen the emergence of new statutory entities and important partners to Advertising Standards Authority in the co-regulatory landscape together with the development of new key guidance.

“During 2023, we partnered with key organisations, including Coimisiún na Meán, to seamlessly progress our partnership agenda with the new broadcast and online media regulator, focusing on plans for a Memorandum of Understanding and joint projects next year.

“Additionally, we contributed to the State-led Mobile Phone and Broadband Taskforce regarding the use of the phrase 'unlimited’ in advertising.”

She added: “Comprehensive Influencer Marketing guidelines were also launched in 2023 with the Competition and Consumer Protection Commission. Ongoing promotion of the guidelines will continue into 2024 to educate influencers and brands on the correct disclosure of commercial content on social media, fostering trust in advertising for all and safeguarding consumers from advertising that is harmful, misleading or offensive.

“Going forward, we will also be streamlining our complaints management operations to enable us distribute our resources across all areas of our service proposition so that our contribution to maintain high advertising standards can be maintained.”

Miriam Hughes, Chair of the Advertising Standards Authority, added: “The shift from traditional to online advertising has heightened the responsibility of brands and platforms to ensure that commercial content adheres to the high standards of the Code.

"The challenges currently being faced in the advertising industry highlight the importance of robust guidance and advertising co-regulation for widespread benefit. The establishment of Coimisiún na Meán and the Gambling Regulatory Authority of Ireland during 2023 were welcome additions to an already complex advertising landscape, and has further strengthened regulatory infrastructure across the wider industry.

“The Advertising Standards Authority Annual Report emphasises the importance of engagement and collaboration with these bodies, the Competition and Consumer Protection Commission, and the necessity of industry and digital platform support for sustained regulatory success. The ASA Board continues to uphold best practices and appreciates the contributions of its members, Complaints Committee, and Review Panel.”

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