To avoid misleading consumers, brands and creators must be transparent with their collaborations. Consumers may find it difficult to differentiate between advertorial content (sponsored content) and editorial content (non-commercial content). In order to protect consumers from unfair advertising practices, it’s important that brands and creators are upfront about their partnerships by including a disclosure along with their sponsored content.Disclosure guidelines differ from country to country. We’ve outlined guidelines on how to disclose properly for Norway, Sweden, and Finland. You can also find guidelines for how to disclose sponsored content in the UK and US. These guidelines are up to date as of 22 August 2022. Regulations by country:Jump to NorwayJump to SwedenJump to FinlandJump to Advertising at children in the Nordics
In Norway, the 'Forbrukertilsynet' monitors advertising on blogs, Facebook, Instagram, Twitter, and Snapchat. The 'Mediatilsynet' monitors advertising practices on Youtube. Jump to blogs, Facebook, TikTok, Instagram, Twitter, and Snapchat regulationsJump to Youtube regulations
The 'Forbrukertilsynet' considers content to be an ad if creators:
According to the guidelines, sponsored content must be recognized as an ad immediately, so it's important that creators add disclosures to their content.
Learn more about regulations on Blogs, Facebook, TikTok, Instagram, Twitter, and Snapchat here and here.
The ‘Mediatilsynet’ has outlined regulations specifically for video bloggers and Youtube, which are different from the guidelines listed above.If creators earn money or receive benefits for presenting products or services in their video, they must include a disclosure. ‘Kringkastingsloven’ has rules on disclosing ads (‘reklame’), sponsorships (‘sponsing’), and product placements (‘produktplassering’).How creators disclose their brand partnership depends on the type of videos they create. But generally, it should be easy for viewers to understand which videos contain sponsored content.
If creators are being paid to present a product or service in a video, it’s either an ad (‘reklame’) or product placement (‘produktplassering’).Alternative A: The product is the main focus in the video = Ad (‘reklame’)If a product or service is the main focus of the creators’ video, or if creators are recommending viewers to purchase the product or service, their video is an ad (‘reklame’). Their video must comply with the following:
Link to website = Ad (reklame)If creators share a link to a brand’s website where their product or service can be purchased, it’s considered an ad (‘reklame’). Creators must, in writing, disclose that it is an ad. If they are compensated when someone makes a purchase using their link, they should inform their audience of this.Creators can disclose that the link is an ad by using ‘reklame’ or ‘annonse’ by the link.Alternative B: Product is not the main focus of the video = Product Placement (‘produktplassering’)If the brand’s product or service is not the main focus of the video and is not discussed in the video, but is visible or displayed, then the creators’ video contains product placement. They need to add a disclosure, in writing, on a screen at the beginning and end of the video. Creators must ensure that the disclosure is:
The disclosure must be written as follows: <<P – Inneholder produktplassering>> and included at the beginning and end of the video.
If creators are paid to produce a video, but the video doesn’t contain advertorial content, the video is sponsored (‘sponsing’).If creators are being sponsored by a company, they must disclose who their sponsor is. With sponsorships, the company paying the creator cannot influence the content of the video, and the company’s products or services cannot be mentioned. To disclose sponsorships, creators must:
They can, for example, write: ‘Sponset av X (brand)’ at the beginning of the video, or ‘Takk til X (brand) for bidraget.’
Consequences can include receiving a violation fee penalty, a compulsory fine, or a time-limited ban on advertising.You can learn more here.
The ‘Konsumentverket’ monitors advertising practices in Sweden. All marketing is subject to the regulations that have been laid out in ‘Marknadföringslagens bestämmelser.’ According to the guidelines, creators can give recommendations on products or services, but if they're being compensated in some way, the Marketing Act applies. Compensation can include:
According to the guidelines, sponsored content must be recognized as an ad immediately, so it's important that creators add disclosures to their content.
If these regulations are violated, a warning will be sent. If the warning is violated, both brand and creator can be sentenced by a judge to pay a fine.You can learn more here and here.
The ‘Kilpailu- ja kuluttajavirasto’ monitors advertising practices in Finland. According to their guidelines, consumers have the right to know whether there’s been attempts to influence them commercially, so ads must be easily recognizable as ads. To do this, disclosures should be published along with the sponsored content. The term, "marketing," refers to commercial communications, such as:
Product placement occurs when you receive compensation for placing products or services in an audiovisual program. This is generally forbidden. It's permitted in films, serials, sporting programs, and light entertainment programs. If creators include product placement in a permitted program, they must disclose this very clearly.You can learn morehere andhere.
In the Nordics, marketing rules are generally stricter when it comes to children and young adults because they are more susceptible to the effects of ads. They have a harder time distinguishing advertorial content from editorial content.If creators’ audience includes children or young adults, the disclosure must be in a language they can understand. Promoting directly to children is forbidden. Creators cannot ask them to purchase something or persuade them to ask their parents/other adults to buy them a product.Disclaimer: This post is meant to provide you with guidelines on how you can avoid breaking marketing laws and regulations, and it should not be considered legal advice. If you’re unsure about how to disclose, we recommend that you reach out to the consumer authority in your country.
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