Lessons31/33
Lesson 31 of 33 · 40 minutes
Disclosure: labeling ads and partnerships
Know when content must be labeled as commercial, how the platforms' labels work, and what Polish consumer authorities have said, so that you never put your audience's trust or your account at risk.
This lesson is general information, not legal advice. Rules differ by country and change. When in doubt, label the content as an ad and check the current rules for your country.
Goal
Know when content must be labeled as commercial, how the platforms’ labels work, and what Polish consumer authorities have said, so that you never put your audience’s trust or your account at risk.
Why disclosure matters
Viewers trust creators partly because they believe recommendations are honest. Hidden advertising breaks that trust, and in many countries it is also against the law. Platforms add their own rules. Disclosure is the cheapest form of risk management and the simplest way to keep your audience.
Platform rules
TikTok
According to TikTok’s help page on the content disclosure setting:
- You must turn on the content disclosure setting when you post content that promotes a brand, product or service.
- Labels shown are “Paid partnership” and “Commercial content”.
- TikTok describes signs of marketing intent that it may flag, including financial incentives (money or benefits for promotion, promo codes, links, collaboration mentions), brand mentions (a brand name as a hashtag or tag, a visible logo) and product recommendations (demos, tutorials, or calls to action like “buy now”).
- Undisclosed commercial content may become ineligible for the For You feed and may hurt organic performance. If TikTok flags a video, you are notified and have 24 hours to respond, either by turning on disclosure or appealing if you believe there is no branded content.
- TikTok states that using the setting does not change how it recommends content, based on an internal study.
- Requirements vary by country.
Instagram’s branded content help page says that its branded content policies require the paid partnership label to tag the brand when you create organic branded content. The page text available for this course did not describe the steps in detail, so check Instagram’s help pages in your app for the current procedure and requirements.
Use the platform tools in addition to, not instead of, the legal disclosure below.
Polish guidance (UOKiK)
Polish consumer protection authority UOKiK has published recommendations for influencers. A 2022 summary from iFirma reports the following. Always check the current text on UOKiK’s website.
- Any commercial cooperation with a brand should be marked as advertising, whether it is written, emailed or verbal, paid in money or in kind (products, services, discount code income), one-off or long-term.
- Brand influence on content (a brief, approval before publication) also makes it an ad.
- Self-promotion of your own products or services should also be labeled; content should not look neutral when its aim is to sell what you offer.
- If you are unsure whether a post is commercial, label it as an ad.
- Barter (goods or services in exchange for content) is a form of cooperation that needs labeling.
- Free products: per the summary, only a first gift from a brand may go unlabeled; later gifts from the same brand should be treated as advertising.
- The label must be clear and understandable to every viewer. The summary recommends naming the brand and using both the platform’s commercial-content tool and a disclosure in the post itself.
- Consequences described in the summary: fines up to 10 percent of turnover, orders to stop the practice, and civil claims by consumers. Liability can extend to advertisers and agencies as well as influencers.
Practical labeling habits
- Decide before filming. If a brand gave you anything or has input, plan the label from the start.
- Use the platform tool (paid partnership / content disclosure).
- Add a clear statement in the video itself, spoken and/or in on-screen text, near the start: for example, “This video is an advertisement for [brand]”, or the equivalent in your language. Put it where viewers will see it, not buried at the end of a long hashtag list.
- Name the brand.
- Be consistent across platforms and formats.
- Keep records: the agreement, the brief, the date of publication, screenshots of labels.
Honest content
Beyond labeling, you must also be truthful:
- Don’t claim results you did not experience.
- Don’t invent testimonials.
- Disclose relevant limits (“I’ve used this for two weeks”).
- Don’t make health or financial claims you cannot support.
- Don’t promote products you think are harmful.
Affiliate links and codes
Affiliate links and discount codes that give you commission are commercial relationships. Label them in the same way.
Common mistakes
- Treating gifted products as non-commercial after the first one.
- A small hashtag in a long list as the only label.
- Relying only on the platform label when local rules also require a clear statement.
- Hiding sponsorship for engagement.
- Not keeping the agreement.
Exercise
- Write a one-page disclosure policy for yourself: what you label, how, and where.
- Draft the sentence you would say at the start of a sponsored video, in your language.
- Find the disclosure setting in your app and note where it is.
- Read the official UOKiK guidance, or your country’s equivalent, and note any differences from this lesson.
Daily practice
- Minimum (keeps the streak): a voice note of any length.
- Today’s take (about 30 seconds): Say your standard disclosure line naturally, as if opening a sponsored video.
- Weeks 1-2 everything stays private; from week 3 follow your publishing plan.
- Don’t watch the take right away (lesson 4.1). Tick the day in your tracker.
Reading (optional)
This week’s book, about 15-20 minutes: Jonah Berger, Contagious. A loose suggestion; it does not have to match the lesson. More in resources and the schedule.
Checklist
- I know when a post counts as commercial.
- I know how to use the platform label.
- I have a standard spoken/written disclosure.
- I keep records of agreements.
- I recorded today’s voice note and take.
Sources
- TikTok: About the content disclosure setting for creators
- Instagram: Branded content help
- iFirma: Reklama w social mediach: najnowsze wytyczne Prezesa UOKiK (2022 summary; check UOKiK for current text)
← 9.1: Monetization models | Course index | 9.3: Pricing, agreements and taxes →