No such thing as a free post: ASB rules that Instagram post by influencer is advertising

When does an influencer's post become an 'advertisement'? A recent decision by the Advertising Standards Board (ASB) puts social media advertising in the spotlight but may not provide any easy answers.

The facts of this ASB determination present a no doubt common scenario in the increasingly influential world of social media influencers. A celebrity, Kat Risteska (14.5k followers on Instagram), received free product from Eco Tan Pty Ltd, the manufacturers of a coconut body moisturiser. Eco Tan alleges that whilst they asked her to write a review, they had no control over what she posted or if she posted at all.

Risteska's resulting post showed a picture of her with the product, tagged with Eco Tan's social media handles @ecotan and #ecotan and according to the ASB reads as if taken from an Eco Tan press release. Eco Tan subsequently shared the post to its own social media channels.