That was me. Google Instagram advertising rules of disclosure uk & the top link titled An influencers guide to making clear that ads are ads makes for a very interesting read. Money does need to change hands but it’s murky as to whether putting a clients post on stories is classed as an ad. What is classed as an ad are any post where you are advertising your own services. Which means many instagrammers, Sarah included fall foul unless they include #ad preferably at the start of their post. Interestingly any post where a discount is offered eg you will receive 20% discount if you use code Sarah20 as an example is an ad. As with the swipe ups on stories if they involve a click through sale.
It doesn’t look like you do need to disclose when promoting clients, as there’s no direct financial benefit
There’s obviously a relationship benefit to that so I agree that it’s murky. But unless she’s sharing affiliate links for the clients then it’s fine.
Sharing her own products and services is an ad though which can be called out
I think it’s such a fine line. I agree with you because she wasn’t actively touting anything, BUT she was sharing testimonials and customer posts as a way of continually selling courses that she couldn’t deliver on to make the “milli” so could be argued that they should be marked somewhere that their basis was on driving more sign ups.
I agree though, it’s not completely black and white.
She can probably be done for the misleading claims, illegal sales tactics and flagged in their covid complaints for taking advantage of people in this crazy time.
The client testimony thing is weird as they clearly believed at the time of posting that they had benefited. I would love to know if they stand by that now, any testimony should be signed off by the client before sharing.
Still find it interesting that if she truly stood by it all why isn’t she still coaching?!
I'd argue that in the case of Sarah Akwisombe, she told prospective clients that she would amplify their posts via her own channels - helping increase their reach and resultant sales.
As they then signed up and paid for her services, with this as an offering as part of the "package" to them, it's pretty clear cut that this is effectively a service she has charged them for, even if "rolled up" into the pricing, so is therefore paid advertising and should have been marked as such.
I know there were posts from people confirming this - can we remember who it was?
Technically that would qualify according to the ASA as its an agreement to promote. So she would fall foul if she had shared them, which she rarely did
But... she also falls foul on not sharing them as she didn’t meet the description of the product that she lured people in with
She’s damned both ways.
I worked in marketing in a highly regulated environment for a long time so am clued up on the fundamentals of making product claims.
As a marketer you have to have evidence when making claims, or testimonials and you have to follow through on product delivery promises or they will come down on you like a tonne of