'Effortlessly Identifiable': Finnish Council of Ethics in Advertising sets the bar for social media advertising

Background

The Council of Ethics (the Council) in Advertising has found that clothing brand Same Goal Oy and an influencer breached the International Chamber of Commerce (ICC) Marketing Code by failing to clearly identify sponsored content as advertising on Instagram.

In May 2025, an influencer posted content on his Instagram account promoting Same Goal Oy's clothing products to his approximately 35,000 followers. The post featured images of the influencer and a companion wearing the brand's products, accompanied by text describing the items and offering followers a 15% discount code.

However, the disclosure that the post was a "Commercial partnership: @same_goal_clothing" appeared only at the end of the text, rather than at the beginning where it would be immediately visible to viewers.

A private individual complained to the Council, alleging the post constituted hidden advertising because the commercial partnership disclosure was buried at the end of the caption.

The Findings of the Council of Ethics

The Council found that both Same Goal Oy and the influencer had violated Articles 7 and C1 of the ICC Marketing Code, which require marketing to be clearly and immediately identifiable as such.

The Council emphasised that advertisements must be "effortlessly identifiable" at a glance. By placing the disclosure at the end of the post text, where it might not be visible without clicking "see more" or scrolling, the parties failed to meet this standard.

In its decision, the Council stated: "The publication was not effortlessly identifiable as marketing and therefore constituted hidden advertising." Additionally, the commercial purpose of marketing must be clearly apparent. Consumers must not be misled about the commercial nature of the practice. Product marketing must not be disguised as market research, consumer surveys, user-generated content, private blogs, personal social media posts, or independent reviews.

Same Goal Oy told the Council that the influencer was aware of disclosure requirements and had been reminded to exercise care when creating advertisements.

The influencer acknowledged he was unaware that the advertising disclosure must appear at the beginning of the text but confirmed he would place disclosures at the beginning of posts going forward.

Key Takeaways

Disclosure placement matters: It is not sufficient for a commercial partnership disclosure to appear somewhere in a post. The disclosure must be placed prominently at the beginning of the text where it is immediately visible, without requiring users to expand text or scroll.

Shared responsibility: Both brands and influencers are responsible for ensuring advertising is properly disclosed. Brands cannot avoid liability by claiming the influencer was responsible for compliance.

Proactive compliance required: The Council noted that companies should not simply rely on influencers' knowledge of disclosure requirements. Instead, brands should establish written agreements with influencers specifying:

• How advertising must be disclosed (placement, wording, format)
• The requirement for immediate identifiability
• Review and approval processes before publication

"Effortless" identifiability: The Council set a high bar, requiring that advertising be identifiable "at a glance" and "effortlessly". This reflects the reality of how users consume social media content - quickly scrolling through feeds rather than carefully reading every word.

Businesses should view this decision as an opportunity to review and, where necessary, enhance their marketing practices to ensure full compliance with consumer protection requirements.

Ref: MEN 46/2025