Between February and August 2025, the UK’s advertising watchdog, the Advertising Standards Authority (ASA) issued several rulings against online advertisements by Next Retail, Marks and Spencer and Zara that featured models appearing to be “unhealthily thin”. Whilst the campaigns featured models considered by the retailers to be diverse in size, the ASA’s findings were based primarily on digital alterations, camera angles, lighting and clothing used to give impressions of altered features. Following investigation of the campaigns, a number of the advertisements were required to be withdrawn as they breached the Committee of Advertising Practice (CAP) Code (Edition 12), Rule 1.3 which requires marketing campaigns to be presented in a socially responsible manner.
Together, with a recent consultation by the CAP regarding the influence and dangers of advertising on body image, these rulings highlight the increasing legal and ethical considerations that businesses within the online space need to remain mindful of, including when curating digital campaigns that involve influencers. These considerations involve:
Statutory regulations: the Digital Markets Competition and Consumers Act 2024 has resulted in tighter laws to protect consumers and prohibit unfair, misleading and irresponsible marketing practices. Misleading actions taken, including presenting advertisements in a manner that deceives consumers or failure to comply with a relevant code of conduct can lead to enforcement action by regulatory authorities.
Self-regulation under the CAP Code: compliance with the CAP Code for non-broadcast advertisements is mandatory for signatories, such as with influencer marketing posts. Campaigns that fall foul of the CAP Code, including socially irresponsible content relating to body image, gambling and regulated substances can lead to enforcement action by the ASA and reputational damage. Further, the CAP Code provides guidance of marketing materials targeted directly at children that must not contain anything that may result in physical, mental or moral harm. Safety and responsibility around online content and advertising to young people has taken prominence in recent years and continues to develop.
Responsible marketing terms: digital marketers should ensure that any agreements entered into, whether with influencers, talent agencies or digital marketing agencies, contain provisions that require compliance with UK advertising laws and appropriate guidelines or policies to protect business reputation.
By prioritising socially responsible marketing campaigns, businesses can maintain trust with consumers and avoid regulatory penalties.
How Forbes Solicitors Can Help
At Forbes Solicitors, we can provide advice relating to digital marketing, drafting and negotiating agreements for the provision of digital marketing services to established and prospective businesses in the digital space.
If you need guidance with digital marketing requirements, please contact our Commercial Team
For further information please contact Mpho Kgatuke