🖼️ Did you know it is mandatory to state that advertising is advertising in any content? Let’s review what the law says about what advertising is and how we must display it.
IMPORTANT: I am not, in any way, a legal professional. I will point out issues I know from personal experience, but this information cannot be considered accurate, and I am not the right person to resolve questions.
What is advertising?
👉 Any form of communication that you carry out in the context of a commercial/professional activity with the aim of promoting the contracting of products or services.
ℹ️ According to the General Advertising Law boe.es/eli/es/l/1988/… (Art. 2)
Therefore, in general, it would not be considered advertising if someone tells their family over breakfast that they like ColaCao, nor if you recommend it to a friend or talk about it occasionally online. (Unless you are paid for it).
What about “influencers”?
Some people claim their activity is “personal”, but the moment you receive something in exchange for posting that message, whether money or in kind, it could be considered advertising.
Conditions of the advertising message
👉 The same law establishes limitations on the advertising that can be done on matters such as: dignity, subliminal advertising, alcoholic products, narcotics, medicines, advertising aimed at minors, etc.
ℹ️ (Art. 3–6)
👉 And it states that advertisers must unequivocally disclose the advertising nature of their ads.
ℹ️ (Art. 9)
This is reinforced by the Unfair Competition Law boe.es/eli/es/l/1991/…, which regulates the many ways in which a consumer’s decision can be influenced: deceptive acts, confusion, omissions, aggressive practices, comparisons, baiting, etc.
👉 Practices are considered unfair due to deception when they: include […], communications to promote a good or service, with the business paying without it being clearly specified in the content, […] that it is advertising content.
ℹ️ (Art. 26.1)
A discount in exchange for five stars on Google Maps?
Free or heavily discounted products in exchange for a review?
Money in exchange for publishing something on your blog?
Banners? Product placement? Veiled recommendations?
Advertising—and if you do not disclose it, it is illegal.
While the law does not specify how you must indicate that it is advertising, it is not complicated either: it must be clearly identifiable. Period.
Advertising on the internet
This would apply to a banner on a website, a YouTube video, a story, a tweet—whatever it is—provided that the person posting the message receives something in exchange for posting it.
Have you ever come across the classic banner with a button that says “Download”, that does not stand out from the rest of the content and you click it by accident? Obviously, this would also be illegal for everything we have discussed.
My advice to comply with this would be:
- Use social media tools to indicate that there is advertising within your content. YouTube and Instagram have this option.
- Clearly indicate, in a visible way, that you are advertising. (A fixed text)
- Make it clear in the same format as the message that you are advertising. If it is a tweet, put it in there; if it is a video, say it in the video; if it is a website, label the banners.
These tips not only help you comply with the law, but also ensure that your message does not lose credibility with your audience.
This thread came out of a debate with @blogalizate, @josecontic and @pablomoratinos—thank you for your help in gathering this information.
And if you ask me what advertising should be like, I think it should be like this: