ASA / CAP

Advertising Standards Authority & the CAP Code

Whether a piece of marketing is obviously identifiable as marketing — and whether its claims stack up.

Who this binds

Anyone posting paid, gifted or affiliate content, and the brand and agency behind them. Responsibility is joint: a brand does not escape a ruling because a creator wrote the caption.

8 rules · last verified 2 October 2026 · see changes


The rules

Labels the ASA accepts

"Ad", "Advert", "Advertising", "Advertisement", "Advertisement Feature" — with or without a hashtag.

Verified 22 Sept 2026 · Read the source

Where an ad label must appear

Upfront and prominent — noticeable without clicking or expanding, visible before the consumer engages. Not behind a "See more" link, not buried in a block of hashtags, not only in the bio.

Verified 2 Oct 2026 · Read the source

The core rule requiring ads to be identifiable

CAP Code rule 2.1: "Marketing communications must be obviously identifiable as such."

Verified 2 Oct 2026 · Read the source

The control limb of the ASA's remit test

The brand must have editorial control over the content — which includes merely reserving the right to check or approve it before posting, specifying key messages, or dictating a posting schedule.

Verified 22 Sept 2026 · Read the source

Date the DMCC-driven CAP Code amendments took effect

8 April 2025, immediately on publication.

Verified 22 Sept 2026 · Read the source

Labels the ASA says are not sufficient

"Sponsorship", "Sponsored", "Gifted", "Supported by", "Funded by", "In association with", "Thanks to [brand]", @-mentioning the brand alone, and the abbreviations "aff", "affiliate", "spon" and "sp".

Verified 22 Sept 2026 · Read the source


What people get wrong

Not hypotheticals — these are the three failure modes that recur, and what follows from them.

Putting "#ad" at the end of the caption, or inside a block of hashtags.

The post fails rule 2.1 even though a label exists. Upheld rulings are published with the brand and the influencer named, and repeat offenders go onto the ASA's non-compliant influencers page, with ASA-funded ads run against them on their own platform.

Relying on "#gifted", "#sponsored", "#collab", an @-tag or a discount code to do the disclosing.

Treated as no disclosure at all, by the ASA and by the CMA — whose own creator guidance lists exactly these as unacceptable.

Treating disclosure as the influencer's problem.

Brand, agency and creator are jointly responsible. Brands are held liable for affiliate content they never saw, and the ruling names the brand.


The other four

CMAICOOfcom / OSASector rules
Next step

Knowing the rule is not the same as having a process

Module 22 turns these into the things you actually need: the disclosure wording, the consent flow, the review policy, the sign-off step. Take the free assessment and see where it lands on your path.

Take the free assessment

Nothing here is legal advice. Every rule links to the regulator’s own words so you can read them yourself.