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Ad disclosure rules for sponsored posts

In the United States, Japan and Korea a post made in return for money, free products or any other benefit must be clearly identified as advertising. The label has to be easy to notice — not hidden in a list of hashtags or behind a “more” link — and both the brand and the creator should make sure it is there.

Updated

The three rules side by side

CountryRuleIn practice
United StatesFTC Endorsement Guides (16 CFR Part 255)Disclose any material connection clearly and conspicuously, in the video itself as well as the description.
JapanStealth-marketing rule under the Act against Unjustifiable Premiums and Misleading Representations, in force since 1 October 2023A business's advertising must be recognisable as advertising. The business is the party held responsible.
KoreaKFTC Guidelines on Endorsements and Testimonials in AdvertisingState the economic interest near the endorsement in clear words; for video, in the title or in the video rather than only in the description.

A safe default for any country

  • Turn on the platform's paid-promotion label.
  • Say or show “ad” or “sponsored” at the start of the video.
  • Repeat it in the first line of the caption or description.
  • Use the viewer's language.
  • Keep the label for as long as the post stays up.

Free products count

A gift, a discount, a commission link or an invitation is a benefit. If it could affect how viewers weigh the recommendation, disclose it.

Official sources

  • FTC — Disclosures 101 for Social Media Influencers (ftc.gov)
  • Consumer Affairs Agency of Japan — stealth marketing (caa.go.jp)
  • Korea Fair Trade Commission — endorsement guidelines (ftc.go.kr)

Questions

Is a hashtag like #sp or #collab enough?
Usually not. Regulators ask for words an ordinary viewer understands, placed where they will be seen.
Who is responsible, the brand or the creator?
It differs by country; in Japan the rule applies to the business. In practice both should check, and Sponmi's terms make both responsible.
Is this legal advice?
No. It is a summary to help you find the official rules. Check the regulator's own guidance for your case.
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