In the ACCC’s influencer sweep update, 81 per cent of the 118 influencers reviewed were making posts that raised concerns under the Australian Consumer Law. That is a failing grade for the whole category. If you run campaigns across borders, a global disclosure law comparison of the FTC, the UK ASA and Australia’s ACCC is a risk-control tool you need now. Here is where the three regimes agree, where they split, and how to build one workflow that satisfies all of them.
Three regulators, one shared principle
All three regimes start from the same idea: consumers must be able to tell an ad from an organic post. The mechanics differ, and the differences are where campaigns break.
The US FTC works through its Endorsement Guides. The agency says that if a connection between endorser and marketer would surprise a significant minority of consumers and affect how they weigh the endorsement, it should be disclosed clearly and conspicuously. The Guides were revised in 2023 with new principles, examples, and a new definition of “clearly and conspicuously.”
In the UK, the ASA applies the CAP Code, and it is the most prescriptive of the three on wording. Australia sits on the other end: the ACCC enforces a general prohibition on misleading conduct and leaves the detail to guidance and industry codes.
FTC vs ASA vs ACCC at a glance
- FTC (US): Principles-based. Disclose any material connection, make it unavoidable, and place it where consumers will see it. No single mandated word.
- ASA (UK): Label-specific. A prominent “Ad” style label is expected upfront, and vague terms are routinely rejected.
- ACCC (Australia): Outcome-based under the Australian Consumer Law. Businesses must not mislead or deceive consumers, and disclosure must be obvious.
The practical read: the ASA sets the highest bar on form, the FTC on substance, and the ACCC on enforcement risk if you ignore both.
What does the ASA actually accept as a label?
The UK is where brand teams get caught by wording. The ASA’s guidance says that, at a minimum, it is likely to expect a prominent “ad” label upfront. It also rules out a long list of favorites.
- “Sponsored”: the ASA advises against it because the term is open to varied interpretation.
- “#BrandAmbassador”: the ASA has ruled this does not adequately convey the nature of the content.
- “aff”, “sp”, “spon”: abbreviations consumers are unlikely to understand are likely to be insufficient.
- An @ mention alone: in several cases, tagging the brand was not considered enough to identify the post as an ad.
- Buried hashtags: the ASA flags a label hidden in a list of tags at the end.
Discount codes are another trap. The ASA’s research found that posts with things like discount codes were not recognised as ads by most participants.
A label that clears US review can still fail in the UK. Write your disclosure standard to the ASA’s strictest reading, then check it against the FTC and ACCC rather than the other way around.
Platform tools: helpful, not a safe harbor
Many teams assume Instagram’s “Paid partnership” tag settles the question. Regulators disagree. The ASA says such a tool may be sufficient if the label is upfront, clear, and prominent, but it also notes that its 2026 research found the label can help consumers recognise ads, but may not be enough on its own.
The fix is cheap. Require the creator to use the native tool and add a plain “Ad” label in the caption or on screen. Belt and braces.
Who carries the liability: creator, brand, or both?
This is the question legal teams ask first, and the honest answer is “both, usually.”
In the UK, the ASA’s approach is explicit. When a third-party brand also has editorial control over the content, the ASA can take action under the CAP Code, and both the influencer and the brand are named in the ruling. For affiliates, the ASA typically considers the brand at least jointly responsible, regardless of whether it knew about or controlled the specific content. Brand safety teams should read that twice.
In the US, the FTC’s position is that marketers and endorsers can both be on the hook. The agency also points to its notices of penalty offenses: companies that received notices and then engaged in certain deceptive endorsement practices could face substantial civil penalties.
The ACCC’s message to brands is similar. Businesses should ensure influencers are aware of their Australian Consumer Law obligations when promoting their products or services. Passing the buck to the creator is not a defense you want to test.
Contract language matters here. If you are revisiting your paper, see our breakdown of caption clause indemnities and the FTC contract risk that comes with inflated audiences.
Australia: less prescriptive, not less risky
Australian rules read softer on paper. In practice the ACCC has signaled a tougher posture. The regulator described its next steps as developing strong guidelines so online operators know what is expected, before a renewed focus on enforcement.
For disclosure form, the ACCC tells influencers to clearly disclose a promotional post in a way that is immediately obvious to consumers. It also points to the industry code: the AANA Code of Ethics requires that advertising is clearly distinguishable as such.
Reviews are in scope too. The ACCC says businesses that create fake reviews, or edit or remove genuine negative reviews to inflate ratings, are in breach of the law. That matters if your program asks creators to seed reviews or comment on retailer pages.
The US is moving on fake reviews and fake influence
The FTC’s consumer reviews rule goes beyond ad labels. According to the Federal Register notice, the final rule prohibits selling or purchasing fake consumer reviews or testimonials and buying positive or negative reviews. The agency’s findings also covered the sale and misuse of fake indicators of social media influence.
For brand teams, that is a vendor-vetting issue. Bought followers and engagement are not just a performance problem anymore.
A single disclosure workflow for global campaigns
Do not run three playbooks. Run one that clears the highest bar in each category.
- Standardize the label. Use “Ad” at the start of the caption (and on screen for video). Ban “sponsored,” “ambassador,” and abbreviations in briefs.
- Layer the platform tool. Require the native paid partnership label plus your own text label.
- Cover free product and perks. The FTC says the answer depends on whether knowing about the gift or incentive would affect how consumers evaluate the endorsement. Default to disclosing.
- Treat affiliates and codes as ads. Under the ASA, they count.
- Monitor and document. Screenshot live posts, log approval dates, and set takedown and fix timelines in the contract.
- Escalate regional edge cases. Route cross-border content to local counsel before launch.
Related operational risks travel with these campaigns. Our guides on paid media licensing and influencer marketing insurance cover the contract and coverage side. If AI-generated content is in your mix, read up on EU AI Act disclosure as well.
Where brand teams slip most often
Three patterns come up again and again. First, teams copy the US “#ad” habit into UK briefs and add “#sp” or “#collab” for style. Second, they approve scripts but never check the live post. Third, they treat Stories and Reels as exempt from the rules. They are not.
The ASA flags a specific video problem: if accompanying text isn’t always visible, an “Ad” label there may be insufficient, since consumers won’t see it until after they have already clicked to engage. Put the label in the frame itself.
FAQs
Is “#ad” enough to comply in the US, UK, and Australia?
It is the safest common denominator. The ASA accepts “Ad” style labels when prominent and upfront, the FTC wants clear and conspicuous placement, and the ACCC wants disclosure that is immediately obvious. Placement and visibility matter as much as the word.
Can brands be held responsible for creator posts?
Yes. The ASA names both brand and influencer in rulings where the brand has editorial control, and treats brands as at least jointly responsible for affiliate content. The ACCC expects businesses to make sure influencers know their obligations.
Does Instagram’s Paid partnership label satisfy the ASA?
Not reliably. The ASA says it may be enough when upfront, clear, and prominent, but its research suggests it may not work alone. Add a plain “Ad” label.
Do free products need to be disclosed?
Often, yes. The FTC’s test is whether the gift would affect how consumers evaluate the endorsement. A free car is a very different case from a trivial perk, but when in doubt, disclose.
Which regulator is strictest?
On label wording, the ASA. On substance and penalties for fake reviews, the FTC has formal rules. The ACCC has signaled a renewed focus on enforcement after its sweep findings.
Do these rules cover fake followers and reviews?
Yes, in part. The FTC’s final rule addresses fake reviews and fake indicators of social influence, and the ACCC treats fake or suppressed reviews as a breach of consumer law.
Next step: pull your last ten live creator posts across markets and score each against the ASA’s strictest label standard. Fix the briefs where they fail, then lock the result into your contract template.
Top Influencer Marketing Agencies
The leading agencies shaping influencer marketing in 2026
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Moburst
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The Shelf
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Viral Nation
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Obviously
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