She's away again this weekend and I bet she's not paying for that house they're staying in the way she's tagging them constantly Surely that should be declared as #gifted just like anything else you get for free. She's also guilty of hiding her affiliate links hashtag behind profile pic.I think rvk_loves is another one that doesn't declare ADs. I'm pretty sure she's previously been reported to ASA so you'd think she'd know better.
I don't bother to report gifts because I know ASA won't currently take action on them (as they don't enforce the CMA general rules only things that fall within the ASA definitions of an ad). Affiliate links they will deal with and undisclosed paid partnerships and also if the AD or AFF is concealed like that RVK one - they have clear rules around ads being obvious - see through writing doesn't cut it.The ASA aren’t very helpful, IME. I reported Luisa zissman for an ambiguous post about personalised satin PJs “i love these amazing PJs” etc. Wasn’t tagged as a gift or an ad. ASA followed up and said:
In order for such Instagram post to be considered advertising for the purposes of the rules that we apply, the following two tests must be met: 1) payment by the brand must be made to the blogger/vlogger/influencer AND 2) the brand must hold editorial control over what the blogger includes in the post.
Our guidance on this matter
Our current position on this issue is that where a brand sends a blogger items for free without any control of the content (or any conditions attached) and the blogger may or may not choose to include the item(s) in a blog, this sort of PR activity is not covered by the CAP Code; because there is no control, the post would not need to be labelled as an advertorial. Likewise, if a blogger accepts an item sent by a brand on the simple condition that it is reviewed (positively or negatively), without the brand exercising any control over the review, that blog is unlikely to be covered by the CAP Code.
In this case, we have received confirmation from the blogger that the brand did not hold editorial control over the post your complaint referred to. As we understand that the conditions mentioned above were not met, the post would fall out of our remit and we won’t be taking any further action. We have however explained our requirements regarding ad labelling to Luisa Zissman, for future reference.”
So gifts don’t have to be labelled! ?????