EXPLAINED: How to know if influencers are trying to sell you a product under new advertising rules

New influencer guidelines for Irish influencers have been released detailing the different labels they need on their posts when advertising.

These laws have been in effect since October 2023 and there is now tighter wording they must used to let consumers known when they are being paid to promote and have been issued by the Competition and Consumer Protection Commission (CCPC) and the Advertising Standards Authority for Ireland (ASAI).

Consumers admit it can be hard to known when an influencer advertising, according to research by the CCPC and the ASAI published, December 2022.

So how do you know when influencers are selling you items or if they genuinely like it? 

TikToker Jenny Claffey has shared a breakdown of when infulencers are required to correctly use these new laws and the updated forms. 

@redroompod Wake up babe new influencer guidelines just dropped #asai #indluencermarketing #influencerguidelines #irishinfluencers #addisclosure ♬ original sound - Jenny Claffey

"In the past if I was given this makeup brush, I was expected to let it be known that I was #gifted the brush.Now there are laws with the correct word to used. If I was given this makeup brush from a brand with no expectation to post I have to use #gifted. If I was given the brush and it was a company owned by a family member or friend I now have to use #AD. I also have to use #AD if me the creator and the brand have agreed to receive the makeup brush that I have to post I and if they had input into the content I was making I also have to use #AD. However if they don't have input into the content I was making I use #gifted.

"If I have an affiliate code for this brush I have to use #AD. If I am in any way linked commercially to the company who sell the brush I have to use #AD and one of the biggest changes is that influencers when promoting their own brand have to use #AD. Another big change is any other form of influencer hashtags such as  #brandambassador will not be acceptable it must only be #AD or #gifted. Another change is if you post an advertisment the very first word has to be #AD."

Influencer who do not comply with the rules can face a €3,000 fine and up to six months in jail.