Vlogging and Advertising: The legal Issue

Screenshot: Guardian Article 

The Guardian released an article last year that discussed vlogging, advertising and the legal issues surrounding the two together. The headline stated that vloggers must clearly tell fans when they’re getting paid by advertisers as part of the Advertising Standards Authority rules and regulations.

The ASA told vloggers that “it pays to be honest” and that video bloggers are committing a criminal offence if they fail to tell their fans that they are being paid to promote a product or service. This came to light after a host of YouTube stars featured in an Oreo biscuit campaign which they did not clearly label in the video that they were being paid for their appearance. The Oreo company owner Mondelez signed up YouTube stars, Phil Lester, Dan Howell, Thomas Ridgewell and other vloggers to promote the product on their channel.

Screenshot: Orea Advert

However, the ASA received a complaint from a BBC journalist that argued Mondelez was not making it clear that his advertisements were actually marketing messages. Although the Oreo owner claimed he had not intended to mislead viewers and that the vloggers were made aware that they should be transparent in the fact that the ad was a promotion. Vloggers answered to the compliant and alleged that they stated in the description box that the video had been created with the brand Oreo. The ASA responded stating the ads were in a similar style to the content of their blog and therefore were not overtly clear that the Oreo clip was a marketing communication.

After much controversy, the sister body Committees of Advertising Practise (CAP) produced a new guidance for bloggers in August 2015, to help them attain a better understanding of how and when the advertising rules apply to their vlogs, so they maintain a fair relationship with their subscribers. It strongly claims that advertising rules, which are the same across all media platforms indicate that vloggers incorporating ads on their channels must make is clear that they are being paid to promote that product or brand and the advertiser is responsible for controlling the message when it becomes an ad.

Screenshot: Vlogging Guidance

Who knew vlogging faced so many legal challenges!