ASA rules for #ad on Instagram: a UK guide
In the UK, if a post is an advert it has to be obviously identifiable as one. Here is a plain guide to when the rules apply on Instagram and how to label posts properly. It’s general information, not legal advice.
Who sets the rules
Two bodies matter. The Advertising Standards Authority (ASA) enforces the CAP Code, which requires marketing to be obviously identifiable as marketing. The Competition and Markets Authority (CMA) enforces consumer protection law, which requires you to be upfront about any incentive behind content. Since April 2025, under the Digital Markets, Competition and Consumers Act 2024, the CMA can fine businesses directly for breaking consumer law. The two have published joint guidance for influencers.
When a post counts as an ad
Broadly, if you’ve received payment (money, free products, a discount, a commission, a free stay) and the brand had some control over what you posted, it’s an ad under the CAP Code. Affiliate links where you earn a commission count as advertising too. Posts promoting your own business, products or services are also ads.
| Situation | Label needed? |
|---|---|
| Paid to post, brand approved the content | Yes: label as an ad |
| Affiliate link or discount code earning you commission | Yes: label as an ad |
| Promoting your own shop or service | Yes, it must be obvious it’s marketing, though this is often clear from context |
| Gift with no obligation, you post freely | Disclose the gift, for example “gifted” |
| Something you bought yourself, no link to the brand | No |
How to label it
- Use a clear label such as #ad, “Ad” or “Advert” at the very start of the caption, or prominently on the image or video itself.
- Don’t bury it among hashtags at the end or behind “more”.
- Avoid vague tags like #sp, #spon, #collab or “thanks to…” on their own; the ASA has ruled these aren’t clear enough.
- Instagram’s “Paid partnership” label helps but the guidance says not to rely on it alone; add your own label too.
- On stories, label each frame that contains the promotion, not just the first.
Common mistakes
Forgetting that a free product with an agreed post is still payment; labelling only in the comments; labelling reels in the caption but not on screen where people actually look; and assuming a small account is exempt. Follower count makes no difference to the rules.
Bought followers and the rules
Disclosure rules are about being clear when content is advertising. Separately, consumer law prohibits misleading people, and fake reviews are now specifically banned. If you run a business account, keep claims about your popularity honest, whatever your follower count. Our safety guide has more on the legal side.
The ASA and CMA both publish detailed guidance for influencers and brands on their own websites; check them if you’re unsure about a specific post.
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