Advertising Standards Authority Upholds Complaints Against Influencers and Brands

The Advertising Standards Authority (ASA) has taken decisive action in its latest bulletin, upholding 23 complaints regarding marketing communications that failed to meet transparency and responsibility standards. Among the entities reprimanded are major corporate brands and high-profile social media figures, underscoring a tightening regulatory environment for digital advertising in Ireland.

Transparency and Disclosure Failures

A significant portion of the ASA’s recent findings centered on the clarity of advertising disclosures. The authority specifically addressed the conduct of influencer Niamh de Brún, who maintains a substantial following on Instagram. Complaints were upheld regarding posts promoting Lidl, Blanchardstown Shopping Centre, and the clothing brand 4th Arq, in which the influencer utilized the hashtag “#A D” instead of the standard “#AD.”

In its assessment, the ASA stated that the inclusion of a space between the letters was “an attempt to obscure transparency.” The authority further noted that such practices are “misleading, particularly for individuals with dyslexia.”

While the posts were later amended to remove the spacing, the ASA executive pointed out that the disclosure remained at the bottom of the content. It was not immediately apparent to the average consumer that the posts constituted marketing communications. These rulings serve as a clear directive to content creators: disclosures must be prominent, clear, and unambiguous from the outset.

Broader Regulatory Crackdown

The ASA’s latest bulletin extends beyond influencer marketing. The authority confirmed it has upheld 12 complaints specifically related to an investigation into cosmetic treatment advertising. The regulatory body upheld complaints against several prominent companies, including Electric Ireland and Marks and Spencer, indicating that the ASA is scrutinizing all sectors of the advertising industry with equal rigor.

Orla Twomey, chief executive of the ASA, emphasized the necessity of these measures, stating that the rulings “highlight the importance of transparency and responsibility in all forms of advertising.”

Key Takeaways for Advertisers and Influencers

• Clear Disclosure is Mandatory: Hashtags or labels indicating an advertisement must be clearly visible and free of obfuscation techniques, such as extra spaces.
• Placement Matters: Marketing disclosures should be placed where they are immediately noticeable to the consumer, rather than buried at the end of a post or caption.
• Broad Enforcement: Regulatory scrutiny is not limited to individual influencers; large corporate entities are also subject to strict compliance oversight regarding their promotional materials.
• Accessibility: Advertising practices that hinder comprehension—especially for individuals with reading difficulties—are being actively identified and penalized by the ASA.

Looking Ahead

As digital marketing continues to evolve, the ASA’s recent bulletin serves as a reminder that the responsibility to disclose commercial relationships remains a non-negotiable pillar of consumer protection. For brands and influencers alike, the message is clear: transparency is not merely a best practice, but a regulatory requirement. Moving forward, stakeholders should expect continued vigilance from the ASA as it works to ensure that all marketing communications remain honest, legal, decent, and truthful.