6 online marketing traps to steer clear of

You might be quite new to your business and excited about the prospect of getting your products and services out there. But small businesses and creators are continually caught out by rules they weren’t aware of.

The Advertising Standards Authority (ASA) recently ruled against oddschecker for posting Instagram ads featuring footballers Harry Kane and Erling Haaland. The banned ads were deemed to appeal to under 18s. An ad from a rival betting firm didn’t get the same treatment as they featured Thierry Henry, who wouldn’t be as appealing to the under 18s.

It was expected that oddschecker, even though they targeted the advert to the over 18s, should know that some users would sign up to Instagram using a fake birth date to make them seem older.

“From what we see, most small businesses aren’t trying to break rules, it’s usually that ad platforms make it feel very easy to launch campaigns,” said Fiorela Imerai, account director at Wildcat Digital. “But the compliance side isn’t always obvious until something gets flagged or performance is affected.”

You’ll find yourself catering to a few different parties here: The Advertising Standards Authority, the platform you’re posting on and the users who may report you. That’s why we’ll be exploring the most common trip-ups in online marketing, to save you from being on the wrong side of the rules.  

1. Watch your language

Even well-intentioned posts can fall foul to suspension because of the language entrepreneurs do, or don’t, use. Aidan van Vuuren, founder of agency Peak Digital, speaks about one such client of his.

The case involves a UK client that launched an alcoholic beverages brand. Within 24 hours of their first Meta ads going live, their ad account, Instagram account and Facebook page were all simultaneously suspended. The trigger was a missing age restriction notice on the ad creatives. “Not for sale to under 18s” was absent from the assets despite the campaign having an age gate set and an age gate on the website. Meta’s enforcement is fast and does not distinguish between a minor oversight and a deliberate violation.

Once the initial appeal was denied, we had no further options through Meta’s standard process. The only route that eventually worked was contacting former Meta staff directly, using contact details we had retained from handling similar cases back in 2020. It took 16 emails over two months before the accounts were reinstated. The brand’s launch was delayed by two months as a result.

2. Social media posts

It might be tempting to jump on the latest meme trend by using Canva to post a funny clip from a film against your business’ logo, but be aware that you might infringe on copyright restrictions. At the very least this could see your post removed; at worst, your profile could be deactivated.

Above all, your promotional posts should be clearly labelled as adverts. It’s recommended you use the ‘ad’ or ‘advert’ label. Take extra care if you’re promoting alcohol, financial products or health and fitness, among others.

The same social media rules apply if you’re working with another content creator or intermediary: they must be aware of the rules themselves. Before anything is published, check other posts that mention your brand to make sure that it’s correctly labelled. Even if the content is published on your behalf, it’s your responsibility to ensure it’s compliant.

Of course, if you work with a content creator who frequently flouts the rules, cut them loose.

3. Unpaid posts that look paid

This is where it gets murky. The ASA treats unpaid social posts the same as paid ads if there’s any commercial intent. According to van Vuuren, SMBs use a ‘we’re not paying for it’ mental shortcut to skip #ad disclosures and qualifying language. “The ASA’s enforcement is now public-ruling-with-name, so the brand wears the reputational hit,” he added.

Chrissie Punter, head of strategy at Hallam, says that customer reviews, even if they’re unpaid, catch business owners out. “If there’s any kind of commercial relationship behind a recommendation (whether that’s a discount, a freebie, or a paid partnership) it needs to be declared,” she said. That applies even if the review is genuine.

It absolutely applies to sole traders as well as influencers who have a larger following. If you’ve given someone a free product in exchange for a review, or you’re featuring a testimonial from a friend or family member, you need to make that clear. “The ASA takes a dim view of anything that could make a recommendation look more independent than it actually is,” Punter said.

The tour operator sector is particularly vulnerable to this. It might be the case that a business invites someone on a free or heavily discounted tour and then that person leaves a glowing review on Google or TripAdvisor. The intention is usually just to get honest feedback, not to mislead anyone, but the issue is transparency. Unless it’s clearly marked as gifted or invited, it can be seen as a standard independent review.

“The simplest rule of thumb: if there’s been any exchange of value, say so. A quick ‘gifted’ or ‘paid partnership’ label is just good practice. It keeps you on the right side of the rules,” said Punter.

4. Posts containing AI

An emerging and oft-changing issue in marketing is the use of AI. The CAP code doesn’t have any laws around AI; it just stipulates that you can’t violate any existing laws (more on those in the final section of this article).

However, AI can be used for anything from removing unnecessary background details to generating a person who isn’t real. The ASA recommends that you ask yourself that, if you’re not disclosing AI, is it likely to be misleading? Does the disclosure of AI clarify or contradict the advert’s message?

Be aware that other countries have different laws. The EU AI Act, for example, stipulates that deepfakes and manipulated synthetic content must be explicitly disclosed and AI imagery must be watermarked in a machine-readable format.

As well as the country you’re advertising to, keep the platform you’re advertising on in mind. James Demetriade, founder of Undeniable London, shares his insights:

• Platforms are actively clamping down on low-quality, scam-adjacent and ripped content as AI makes mass-volume ad creation easier than ever, and advertisers who stay clean are being rewarded.
• The era of flooding platforms with cheap, high-volume content is over. Fewer, better ads consistently outperform spray-and-pray approaches.
• AI in advertising needs to be used wisely and transparently, particularly around disclosure and authenticity. Meta’s systems now read creative signals across images, video and copy, so generic or templated AI content tends to underperform and can fall foul of policy.

5. Google landing page mistake

Consider your Google landing page consistency. This is where your ad’s message and the landing page it leads to need to align. That means the messaging, the keywords and the imagery must match up to please the Google Gods as well as your customers.   

Google can enforce this as a policy violation and limit your account, according to van Vuuren. As a consequence, you could be hit with lower search rankings, higher cost per click and lower customer reach.   

6. Other marketing

Unlawful direct marketing, including unsolicited emails, texts or nuisance calls without the right consent, screening or opt-out mechanisms is a common mistake. Rachel Aldighieri, CEO of the Data & Marketing Association (DMA), adds that telephone marketing also needs careful handling.

Businesses should:

• Screen calling lists against the Telephone Preference Service and Corporate Telephone Preference Service
• Keep their own suppression lists
• Identify themselves clearly
• Make it easy for people to opt out

Avoiding these mistakes

It’ll seem like a drag at first, but keeping on top of the latest rules and knowing how your messaging is being delivered are great first steps. Look to organisations and bodies for any clarification that you need.

“Trade body membership can be a useful route into practical guidance, compliance resources and sector standards such as the DMA Code, without every question needing expensive legal advice,” said Aldighieri.

What you should be aiming for

Businesses are expected to follow the CAP code from the Advertising Standards Authority. The CAP Code is for non-broadcast advertising including sales promotion and direct marketing. By their standards:  

• Marketing should be legal, decent, honest and truthful
• Marketing communications must reflect the spirit, not just the letter, of the Code
• Marketing communications must be prepared with a sense of responsibility to consumers and society
• Marketers must comply with general rules and with relevant sector-specific rules
• No marketing communications should bring advertising into disrepute
• Marketing communications must respect the principles of fair competition generally accepted in business
• Any unreasonable response in responding to the ASA’s enquiries will normally be considered a breach of the code
• The full name and geographical location of the business address must be given when by the ASA or CAP without delay
• Marketing communications must comply with the Code. Primary responsibility for observing the Code falls to marketers. Others involved in preparing or publishing marketing communications, such as agencies, publishers and other service suppliers, also accept the obligation to abide by the Code
• The marketer should deal fairly with consumers

The rules go into specifics within different areas such as children, weight loss, lottery and alcohol advertising. Find out what you need to know on the CAP website.  

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