Select committee: Digital, Culture, Media and Sport Committee

Recommendation 86

Twelfth report - Influencer culture: Lights, camera, inaction? Published 9 May 2022 Addressed to Department for Culture, Media and Sport

Digital, Culture, Media and Sport Committee Influencer culture All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗

Recommendation (the committee's words)

We recommend that the ASA be given statutory powers to enforce the CAP Code. These powers should be considered as part of the Government’s upcoming Online Advertising Programme. Appropriate funding arrangements should also be considered to ensure that the ASA is able to act effectively on these enforcement powers. Monitoring

From: Digital, Culture, Media and Sport Committee, Twelfth report - Influencer culture: Lights, camera, inaction? (HC 258), 9 May 2022

Government response

Third Special Report - Influencer Culture: Lights, camera, inaction?: Government Response to the Committee’s Twelfth Report of Session 2021–22

The government responded to the whole report on 23 September 2022 (deadline 6 September 2022).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The Government welcomes the report and agrees with several of its aims, but does not wish to commit to commissioning a review of the influencer marketplace "at this time" and sets out no new legislation, instead continuing existing work.

On harassment, it agrees with the "intentions" of the recommendation but does not consider that further additions to clauses 17 and 18 of the Online Safety Bill are necessary, as the framework "already achieves this".
On a code of conduct for influencer marketing, it agrees that one would complement ISBA's work, has held "initial discussions" with industry partners and "look[s] forward to continuing to develop" it.
On giving the ASA statutory powers, it will "bear in mind" the recommendation as it analyses Online Advertising Programme consultation responses, and will set out its response "in due course".
On child influencers, it is "aware of the regulatory gap" and the Department for Education is "open to exploring" legislative options, without committing to legislation.

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Second Special Report - Influencer Culture: Lights, camera, inaction?: ASA System and CMA Responses to the Committee’s Twelfth Report of Session 2021-22

Published 22 July 2022.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The ASA system and the CMA each respond to the Committee's report, committing to some further work on influencer advertising while stating that the ASA system lacks a basis to consider watermarking virtual influencers and that the CAP Code already includes enhanced disclosure for ads aimed at children.

On watermarking virtual influencers, the ASA system says that, in the absence of evidence of advertising-related harm, it does "not have the basis to consider further, at this stage" the recommendation.
On the CAP Code's remit tests, the ASA system will "commit to exploring" how to clarify that payment alone invokes disclosure requirements, and will explore whether there is a case for reconsidering the payment and control tests.
On under-16s in marketing, the ASA system says the safeguarding concerns fall outside its remit, but will "commit to review by the end of 2022" its guidance and, "if necessary", update it.
The CMA says it is satisfied Meta is making "appropriate progress" on its undertakings, with full implementation expected by the end of 2022, and expects to publish final compliance principles for platforms "in due course".

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