if the brand involved controls the timing of the post and content (is how it looks) then it is an ad
From ASA:
However when the brand has control over the content of the post and rewards the influencer with a payment, free gift, or other perk, the post becomes an ad. If the commercial intent isn't clear from the overall context of the communication, it should be labelled as an ad so as not to break the ASA’s rules and mislead the influencer's audience.
and:
The manner in which influencer relationships are maintained varies. I’ve found that some brands retain complete control over social media posts. They'll write them, supply images and schedule a time for them to appear. Others take a more hands-off approach: they'll get a general assurance from the influencer that his or her comments about the product will be positive, but leave the content, timings and format completely up to the influencer. In each case, where we've established the brand has paid for and exercised effective control over the influencer endorsement and the commercial intent isn't clear from the overall context of the communication, we tend to stay firm and secure assurances that future ads will no longer be “hidden” behind a purportedly authentic endorsement.
The fact that the promotions went up together (I see about 12 from that day) and that the hashtags are the same is evidence that the brand had control over the timing and the content.
The shoot itself, samples, etc is the physical 'payment', whereas the content is also 'intellectual property' and can be also considered 'payment.
From ASA:
However when the brand has control over the content of the post and rewards the influencer with a payment, free gift, or other perk, the post becomes an ad. If the commercial intent isn't clear from the overall context of the communication, it should be labelled as an ad so as not to break the ASA’s rules and mislead the influencer's audience.
and:
The manner in which influencer relationships are maintained varies. I’ve found that some brands retain complete control over social media posts. They'll write them, supply images and schedule a time for them to appear. Others take a more hands-off approach: they'll get a general assurance from the influencer that his or her comments about the product will be positive, but leave the content, timings and format completely up to the influencer. In each case, where we've established the brand has paid for and exercised effective control over the influencer endorsement and the commercial intent isn't clear from the overall context of the communication, we tend to stay firm and secure assurances that future ads will no longer be “hidden” behind a purportedly authentic endorsement.
The fact that the promotions went up together (I see about 12 from that day) and that the hashtags are the same is evidence that the brand had control over the timing and the content.
The shoot itself, samples, etc is the physical 'payment', whereas the content is also 'intellectual property' and can be also considered 'payment.
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