Lauren is Signal’s Outreach Manager. She works collaboratively with publishers, journalists, bloggers and clients on innovative content campaigns, and is our go-to person for organic search activity.

The rise of influencer marketing in recent years has brought with it more than a few legal and ethical questions. 

 In September 2018 the ASA launched an Influencer Guide advising online content creators how to disclose commercial relationships with brands. But there are still a few grey areas. 

 To get a clearer picture of where influencers stand, we’re going to take a closer look at why the rules are needed, what they say influencers have to disclose to their audiences, and where there’s room for improvement.

 Being ‘an influencer’ is a relatively new career option. Because of this, content creators have had to learn and adapt as they go along. Perhaps unsurprisingly, some have been caught flouting the rules (either accidentally or deliberately). 

 For example, it has been common practice to disguise ads as editorial content or bury the #ad label in amongst dozens of other hashtags where it’s unlikely to be noticed. In response, the Advertising Standards Authority (ASA) have banned a number of posts for failing to make clear that they were ads.

 Posts from Louise Thompson and Marnie Simpson have been subject to ASA action. And there has been a growing public backlash over the unrealistically extravagant and staged nature of ad content, which Scarlett London quickly realised, when one of her posts went viral for all the wrong reasons. 

The best of days start with a smile and positive thoughts. And pancakes. And strawberries. And bottomless tea. My morning routine is now live on YouTube - and while I don't show you my real bed hair (trust me, it's not pretty), I do give you a little insight into how I start my day in a positive way. Head over to my stories for a swipe up link - and let me know what you think! It features my morning habit of rinsing with Listerine Advanced White to help whiten my teeth. @listerineukireland #BringOutTheBold | This is a paid partnership with Listerine.

Several followers seem to have spotted that London’s cup of tea was empty and her plate of ‘pancakes’ looked suspiciously like tortilla wraps. And then there was the not-too-subtle placement of a bottle of Listerine mouthwash on her bedside table in amongst a room full of balloons.

On this occasion, clearly labelling the post as an advert wasn’t enough to save London from a flood of criticism. While her loyal audience may have been sympathetic to her over-the-top aesthetic, the apparent lack of authenticity was met with ridicule by the wider social media community. This unfortunately escalated into nasty comments and even death threats.

The question is whether the ASA’s guidelines are comprehensive enough to help influencers like London avoid this kind of negative response.

 Who are the ASA? And why should I care?

In a nutshell, the ASA is the UK’s independent advertising regulator across all media, who make sure ads across UK media stick to the advertising rules laid out in the Advertising Codes, written by the Committees of Advertising Practise (CAP). 

 Their influencer guide was developed in conjunction with the Competition and Markets Authority (CMA). It sets out what the rules are around commercial relationships, including what the ASA considers to be an ad, how to disclose a post is an advert as well as outlining the CMA’s requirements for other kinds of endorsements.

The APA’s guidelines aren’t actually new. Instead, they are comprised of rules set out by CAP, CMS and CPR that have been brought together in one place for easy reference. It’s a valuable document that may help clarify the rules for influencers.

 
Significantly, the guide is aimed at the content creators themselves, rather than the brands paying or enticing them to publish, which highlights in their view where they believe the responsibility should ultimately lie. 

So what do the latest rules state and how can bloggers and social media influencers keep on the right side of consumer law? 

1. Ads must be obviously identifiable as such 

Guy Parker, the ASA's chief executive has said that "people shouldn’t have to play the detective to work out if they’re being advertised to". 

“Under the CAP Code ads ‘must be obviously identifiable as such’. This means that consumers should be able to recognise that something is an ad, without having to click or otherwise interact with it. Since it needs to be ‘obvious’, consumers shouldn’t have to work too hard to figure it out.” 

Consumers should be able to immediately recognise that something is an ad. If this isn’t explicitly apparent, content creators “need to do more” to make it unmistakable. However, this is a rather hazy guideline. It states something must be done, but it doesn’t specify what that something is exactly. This could muddy the waters and makes things more difficult for influencers.  

“If you work with a brand to create content that you’ll be posting on your own channels, it’ll qualify as an ad if the brand: 1. ‘Paid’ you in some way (can be freebies, doesn’t have to be money), and 2. Had some form of editorial ‘control’ over the content, including just final approval.”

The ASA has recommended that labels such as ‘ad’, advert’ and ‘advertisement feature’ should be included in posts of this kind. Essentially, make it as obvious as possible; consider your labels carefully, always include them at the beginning (so that the post can be identified as an ad straight away), and don’t forget to make sure that it is suitable and prominent across all devices and channels. 

So far, so good. But then here is where it gets a little confusing:

“If you’ve been ‘paid’ (either in money or in gifts/freebies), but it isn’t as part of an affiliate arrangement and the brand doesn’t have any ‘control’ of what (or even if) you post, it’s unlikely that the content will count as advertising under the CAP Code. 

In that case it’s a little like sponsorship, in the way that events and TV programmes can be sponsored – the sponsor has no ‘control’ over the actual content of what they’re sponsoring, they’re just helping to fund its creation (and paying for an association with that content).”

Sponsorship isn’t actually covered by the CAP code, and the ASA won’t investigate complaints about it. However, it’s still subject to regulations under consumer protection legislation imposed by the CMA, and online influencers still need to disclose if they’ve received any form of product or payment, incentive or loan of a product or service. 

However, the likes of labels such as ‘sponsorship’, ‘sponsored content’, ‘spon’, ‘spn’, ‘in association with’ (or simply just mentioning the brand), are considered riskier and the advertising authorities recommend staying well away from these terms, as they may be confusing for consumers. 

In fact, the most ambiguous section of the guidelines relates to this statement about control: 

“It’s not an ‘either/or’ – there has to be both ‘payment’ and ‘control’ for this type of post to count as an ad under the CAP Code.”

It seems the guidelines around sponsorship are hazy because existing regulations are themselves vague. It’s a potential loophole and one that could lead to confusion and unnecessary complications for influencers, especially if it’s not covered by the CAP code.

We contacted the ASA directly to clear a few things up around the issue of ‘control’ and to find out their interpretation of a few common scenarios. 

We discovered that if a brand approaches a blogger with potential content and ask if they would be interested in covering it on their site, it counts as control because the website is implicitly mentioned. When payment is discussed, you guessed it - control. And when a brand asks if their content can be added to a blog post, it is again considered control. 

However, if information is sent over because the brand thought it would be of interest to the influencer and there is no specification of what they want done with it, it doesn’t count as control. The ASA consider each situation on a case-by-case basis so if in doubt, we recommend getting in contact with them to get the most accurate and up to date ruling.  

What is unmistakable is that there is a strong case for more clearly defined rules that are not so open to interpretation. Given the nuances involved, we need even more transparent regulation that is easy to follow, with officials and governments working together to provide fixed guidelines. Even though there have been some developments in the area, it’s still not as clear as it could be. And that is a big problem for influencers, brands and consumers. More detailed regulations will protect everyone. 

As mentioned earlier, the primary onus is currently on influencers, with the paying brands secondary. However, that doesn’t represent the complexity of the partnership. While influencers should, of course, put the work in to understand and adhere to the rules, the content is the result of a collaboration and the brand’s culpability should not be downplayed. 

We are expecting further clarification based on the following statement by the ASA: 

“We launched our call for evidence into online labelling earlier this year as the first part of a project exploring people’s ability to recognise online ads as ads, including by how they are labelled. We’ll be reporting more on this in the autumn.” 

However, as there was no sign of this update, we followed up with them directly to find out when it would be published, and received the following statement: 

“The announcement concerning results of our ad labelling project is now likely to be in the new year – apologies for the delay.”

Perhaps they have realised the full scope of the issue and it’s taking longer than originally planned. We look forward to reviewing the developments on the issue and hope it addresses some of the current ambiguity.  

 The ASA’s guide is a good step forward and shows that the industry as a whole is becoming more widely recognised, respected and regulated. It may just be scratching the tip of the iceberg, but it’s definitely a decent start. 

 However, the example of Scarlett London demonstrates that clear labelling isn’t the only consideration for influencers. Content creators shouldn’t underestimate their audience. 

More thoughtful, authentic campaigns are likely to lead to better results for marketers and influencers, as consumers are becoming more wise and sceptical to how they are being advertised to. And surely increased consumer trust is a good thing for the industry as a whole?

 Ultimately, content creators rightly want the freedom to create posts that reflects their style and that ultimately attracted their followers in the first place. They shouldn’t sacrifice their authenticity for a brand or simply defer to them. After all, if a product is shoehorned in, it appears forced and contrived.

As Shahriar Coupal, director of CAP states: 

“The relationship between influencers and their followers relies on trust and authenticity, so transparency is in the interests of all parties.” 

Download the influencer’s guide here, which also features a handy flowchart that summarises the rules on one page.

[It’s worth bearing in mind that these regulations are updated frequently, so if you are an online content creator of any kind working with brands, then you can check the ASA website regularly to stay on top of the best way to declare your content.]

Influencer #ad rules could still be open to interpretation

Advertising rules are still confusing for online content creators, despite recent clarifications from the ASA.

Google have just released an updated version of their Search Quality Rater Guidelines. The changes will impact all publishers but are particularly relevant for bloggers, because it emphasises the importance of a strong personal brand.

The principal takeaway is that Google are now paying even more attention to reputation.

Previously this related to a website’s overall credibility, but now Google will also consider the reputation of the blog’s primary author as well as their guest contributors. In essence, Google wants to see high quality, useful content from credible authors.


What are these guidelines and why are they so important?

First, let’s clarify what exactly the Google Search Quality Guidelines are. They’re a lengthy set of guidelines (over 160 pages), that instruct Google’s search quality evaluators how to assess the quality of Google’s search results. 

Raters can’t immediately cause negative SEO effects to any page they review, but their work does impact Google’s algorithm updates, so they have a lot of influence.

It’s crucial then, that bloggers have full awareness and understanding of the guidelines so they can optimise their site effectively and remain in Google’s good graces.

We’ve gone through the whole document in detail - yes, all 164 pages of it - so you don’t have to. Below are our seven key takeaways, including actionable tips that you can start to implement straight away on your blog, to ensure it stands up to Google’s rigorous evaluation. 

The most prominent change is that raters will now be looking into the reputation of the content creator themselves, rather than just the reputation of the website.

Google has changed the section called “Reputation Research” to “Research on the Reputation of the Website or Creator of the Main Content.” They will be looking for each content creator’s name and/or alias and biographical data. To optimise for this:

Make sure that all contributors have a good reputation - If you accept guest posts or submissions, it is now your responsibility to pay close attention to the credibility of all contributors and the content they provide. 

Feature author information and author bios for all the writers on your site - Even if you do not currently use bylines for content, you will now need to. If there is no information about the content creator, your website will be rated Lowest. Be transparent, Google will thank you for it!

Guest post as often as you can - Writing for other people’s blogs will help to build your reputation, authority, trust and connections and expand your online influence. Just make sure that the blogs you contribute to are relevant to your own niche. 

Refresh your social media profiles - Ensure that all your social media profiles are up-to-date and contain relevant and professional information. Check that potential content contributors have a good social media presence and make sure that you link to their social media profiles in the author bios on your site. 

2. Each page must have a beneficial purpose

Google has now specified that all pages should have a “beneficial purpose.” For the first time, both the quality of the content and whether it has a beneficial purpose will be rated. If there is no beneficial purpose then pages will receive the lowest rating. However, as long as a page was created to help others, they will not consider any particular purpose or type to be higher quality than another. To make sure your blog demonstrates this:

Identify and focus on what the beneficial purpose of your page is - Consider what the value is to people and why they should visit your page. Essentially, what benefit do they get out of it? Be helpful and have purpose in mind.

Find the right balance of time and effort - Running a blog isn’t easy and we know that bloggers can feel the strain of too much work and not enough time. Convertkit’s State of the Blogging Industry 2017 Report found that most bloggers struggle to keep up with their publishing calendar and don’t publish as often as they intend to. However, Google will mark content down as low quality if it’s not created with adequate time, effort, expertise or skill. So it’s important to find the balance between quality of content and the time spent on it, as well as the frequency of publishing. Make sure you put enough effort into editorials in particular- these posts are the ones that Google’s Quality Raters will judge you on. 

3. Editorial guidelines must be easily accessible

Google want sites to have “active editorial standards." So bloggers should:

Publish editorial guidelines  - This can help establish consistency and higher quality control. They will help you streamline your blog's writing, topics and tone of voice and consequently boost your reputation and readership.

Feature them prominently on your site so that potential contributors know exactly what to expect. Don’t forget to include the main objective or mission of the blog so that it provides context to those less familiar with the site. Why does your blog exist It’s also essential to ensure your readers can easily distinguish between editorials and advertorials - more on this below.

4. Sensationalised titles will be penalised

Google has stated that “exaggerated or shocking titles can entice users to click on pages in search results. If pages do not live up to the exaggerated or shocking title or images, the experience leaves users feeling surprised and confused.” Therefore, bloggers should:

Refrain from using sensationalised headlines that oversell and underdeliver -  Sensationalised clickbait headlines that oversell the content and don’t deliver are considered deceptive. Make sure your title is backed up by the content and avoid exaggeration. Don’t let your blog become known for tabloid style headlines that are designed to gather attention and lure visitors into clicking a link. Of course you will want to use strong headlines that get people’s attention, but authenticity is also important.

But appreciate the value of truly ‘sensational’ content - Google will penalise sites that have duplicate content, so make sure the content that you produce and publish is original, high quality and provides real value to your readers. If you do have news or content that is truly sensational  (but not sensationalised), you’ll be in a great position, as you can write a blog post that lives up to the promise of an exciting headline. For example, exclusive news, and original research. If you can write about something first, or that no-one else has covered yet, you have content that supports interesting and exciting blog titles and is more likely to be talked about by others.

5. Pay attention to accuracy and credibility of sources

Google has asked their raters to pay careful attention to websites that allow users to publish content “with little oversight.” Here again, the onus is on the site owner to ensure that all the content they publish is accurate and does not misinform. Hopefully you're already doing this, but as a reminder:

Check what you publish, especially if you let people guest post - It is your responsibility to publish accurate content that is beneficial to your readers. You should aim to ensure guest contributors provide the most valuable, useful and high quality content possible, which will not only keep you in line with Google’s guidelines, but it will help to establish you as a trusted gatekeeper for your audience. 

Research what you write - You may well have seen friends falling for and sharing hoaxes on social media. If you do this on your blog then your reputation may be harmed. Stay clear from publishing content that you do not believe in in order to make money or gain attention. Conspiracy theories of all kinds are best avoided!

6. Don't interrupt the main content unnecessarily

Anything that disrupts the main content (MC), such as an ad, is considered “distracting” and will get a Low rating. Previously, to get a Low rating it had to be “highly distracting”. This applies to both ads and other popups:

 Don’t negatively impact user experience with distracting ads  - Ads that make it difficult to view the MC or distract from or interrupt will be given a Low rating. They consider a single pop-over ad with a clear and easy-to-use close button as “not terribly distracting, though it may not be a great user experience”. Difficult-to-close ads that follow page scrolls should never be used. In essence, Google wants people to be able to ignore ads on the page if they don’t want to view them. 

Think carefully about popups - “Follow me' or 'like my Facebook page' pop-ups that interrupt a reader’s experience of your blog should be avoided. We know some popups that encourage readers to take certain actions are popular in some blog niches. If you feel you have to use them then make sure they do not appear immediately when someone arrives at your site. instead use delayed or exit intent popups and make sure they are not too large. This means that they do not disrupt the visitor’s experience as much. 

There should be a clear distinction between any ads and your the main content. This also applies to links in posts or whole posts sponsored by others. To ensure transparency:

Disclose your commercial interest - If you have been given money to promote a product or service, you must let readers know that they’re being advertised to and that it is an advertorial. And it’s not only Google that will penalise you, you will also find yourself in trouble with the ASA and Trading Standards! 

Know when to nofollow links - Additionally, if you have received a free product or service in exchange for a review, you must make sure that you nofollow any links back to the person/company, disclose why you are writing the review and write original and useful content on the product. You can link back to the company site that sells the products, but you must nofollow the links. 

Be clear on the difference between advertorials or sponsored content and editorials - If you receive news that might interest your readers which you write up in your own words and with your own opinions then that is an editorial article. If you receive news that you publish in exchange for money or a freebie then this is no longer an editorial. Google will mark you up for good editorials and down for poor advertorial content.

Conclusion: Being 'Google Friendly' will boost your blog and your personal brand

As a blogger you already know that your personal brand and your reputation are your biggest assets. These guidelines prove you right. 

You must now imagine one of Google’s evaluators arriving at your site for the first time and having to decide whether your blog is representing a company or a person. If they decide you are a person they will start to research you. What will they find and will it support your reputation? Will they see that you’ve written credibly about similar topics elsewhere, and that other authors in the area mention you or that your editorial content carries gravatas? 

New visitors to your blog may also use a similar process to decide if they’ve found a reliable source of information. So ticking all the boxes when it comes to high quality content and author credibility can only be of benefit to both your blog and personal brand, as well as ensuring Google keeps sending visitors your way.

Google's new guidelines mean bloggers have to up their branding game

Bloggers' personal reputations are more important than ever, thanks to Google's new Search Quality Rater Guidelines.

Lauren Cormack

Outreach Manager

Influencer #ad rules could still be open to interpretation

Google's new guidelines mean bloggers have to up their branding game

Cheltenham

Edinburgh

London