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Data-sharing deal means watchdog can ensure 'greater accountability' on social media
@Source: irishexaminer.com
It comes as celebrity chef Donal Skehan was given a compliance notice from the CCPC over what it termed a failure to disclose that products promoted on his Instagram account were done so in a paid capacity, without using labels such as #ad on the content.
The content in question related to a post about Wind Shore Goods, which sells a range of kitchen items. The CCPC directed him "in all future instances” to make it clear when a trader has paid him to promote a product or a service.
Under the new agreement, the ASA will also be able to share information it receives through its online reporting portal, while adhering to data protection laws, to give the CCPC greater access to reports from the public of potential breaches of the law.
The pair described it as a “significant step” in enhancing regulatory oversight in Ireland on content pushed out by influencers and protecting consumers from hidden advertising.
“Consumer law protects consumers when engaging with the commercial content posted by online influencers,” CCPC member Patrick Kenny said. Commercial content from influencers must be clearly labelled as such and must also not be misleading.
“With the ASA, we have produced guidance for influencers to help them follow the law. We continue to monitor this sector closely and will act where we see breaches here.”
Under consumer protection law, social media influencers are obliged not to mislead consumers through the use of unfair practices such as hidden or mislabelled advertising.
They must clearly label posts that are commercial in nature, with guidelines issued such as including the term #ad on commercial content.
Furthermore, a social media post may still breach consumer protection law if they are properly labelled but the content is false or misleading.
The CCPC has a range of tools at its disposal to enforce consumer protection law, such as compliance notices, fixed payment notices, undertakings, prohibition orders and prosecution.
Earlier this year, the CCPC said that it had issued compliance notices to several influencers for failing to use the correct labels to disclose the content they had published being of a commercial nature. It said it had written to 26 influencers to “remind them of their obligations under consumer protection law”.
Irish rugby legend Brian O’Driscoll was one such person to be served with a compliance notice, the CCPC said. It added that several investigations are ongoing in relation to influencers and further outcomes are expected this year.
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