Talent Agencies and Influencers entering into agreements with advertisers and brands will want to be aware that they may start to see the new Incorporated Society of British Advertisers' (ISBA) Influencer Marketing Code of Conduct appended to contracts, as momentum gathers for major brands who are ISBA members to sign up.

What does the Influencer Marketing Code of Practice cover?

Published on 14 September, the 40-point code is split into three sections addressing brands, talent agencies and influencers. The Code details best practice and responsibilities for each. A cross-section of market players came together under the auspices of ISBA's Influencer Marketing Working Group to draft the Code in part to help 'dispel the sector's negative image.'

It covers topics ranging from ad measurement to issues of due diligence in selecting influencers, including safeguarding the wellbeing of influencers while allowing them to deliver honest and authentic opinions, as well as fee transparency and the importance of appropriately detailed briefs.

Significantly the Code also commits brands to strict usage of the #ad hashtag, in line with wider regulations instituted by the Committees of Advertising Practice (CAP) and Advertising Standards Association (ASA), which Amelia Darbro reported on back in July:

Read more on #Ads and the ASA – The Who, What, How and Why to disclosing paid for content

Who has signed up?

ISBA's press release reports major UK brands, such as Britvic, Lidl, Made.com, Specsavers, Tesco, PepsiCo, Paddy Power, LG, Entain and L’Oréal are signatories alongside five Influencers and one agency, Cirkle. 

ISBA members include Facebook, eBay, Google and TikTok and if they sign up to the Code it is likely to find widespread adoption beyond ISBA membership.  

A link to the full Code is here: https://www.isba.org.uk/knowledge/isba-influencer-marketing-code-conduct-september-2021

Irwin Mitchell provides legal support to some of the best known influencers, podcasters, agents and brands in the influencer marketing space. For further information about our services, please contact our influencer specialists.