Short form video disclosure policy explained for England

What to take away

A short form video disclosure policy is a written set of internal rules. It tells everyone creating or buying vertical video how to label paid, gifted or affiliate content before publication. In England, the Advertising Standards Authority enforces the CAP Code, which requires ads to be obviously identifiable. Consumer law adds its own duties.

Start with the legal duties that apply in England

England is covered by the CAP Code, administered by the Advertising Standards Authority. CAP Code rule 2.1 says marketing communications must be obviously identifiable as such. Rule 2.3 says they must not mislead about their commercial intent.

The Competition and Markets Authority's 'Guidance for businesses' is the relevant GOV.UK document. The guidance for businesses page explains how consumer law applies to marketing, including the risk of misleading omissions.

The Human Rights Act 1998 sets out the right to respect for private life.

The ASA upheld a complaint about an Instagram post by Molly-Mae Hague in 2019. The paid partnership was not clearly labelled as an ad.

The ASA can publish a ruling, require removal of the ad and refer repeat cases to Trading Standards. The CMA can impose fines under the Digital Markets, Competition and Consumers Act 2024. The cap is the higher of £300,000 or 10 per cent of global turnover.

If you need the wider compliance picture before drafting a policy, read our short form video UK rules and compliance guide for 2027.

Decide what the policy covers

Cover organic posts that mention a product, even without payment. Cover paid partnerships, affiliate links, gifted products and employee advocacy. Cover paid media, including programmatic buying, because a short-form video ad can be placed automatically across many apps and sites.

The Back to Basics Guide to Programmatic from IAB UK is useful here. It explains how automated buying places video inventory.

Set the label format and placement

Put the label in the first seconds of the video and repeat it in the caption.

Disclosure policy minimum positions

Element

Label wording: Plain words: Ad
Label timing: First two seconds
Gifted content: State item was free
Affiliate links: State commission earned
Programmatic ads: Confirm placement controls

Minimum policy position

Label wording: Creator and brand
Label timing: Editor before publish
Gifted content: Campaign manager
Affiliate links: Legal or compliance
Programmatic ads: Media buyer

Who checks it

Label wording
Label timing
Gifted content
Affiliate links
Programmatic ads

Use plain words such as "Ad", "Paid partnership" or "Gifted". Keep the label visible in the safe area so platform interface elements do not cover it.

For affiliate content, state that you earn a commission. For gifted items, state that the item was free. If the brand paid, say so in the caption.

Model policy wording: [Company] requires every paid, gifted or affiliate short form video to show a clear label in the first two seconds and in the caption. A named reviewer approves it before publication. Review the policy each year.

Example label wording:

Paid partnership with [Brand]. This is an ad.
Gifted by [Brand]; no payment. #gifted
Affiliate linkI earn a commission from sales through this link.

TikTok, Instagram and YouTube each offer a native paid partnership label. TikTok has a branded content toggle, Instagram has a paid partnership tag, and YouTube has a paid promotion checkbox.

These tools add a platform label, but they do not replace your internal policy. A viewer may not see the label before tapping, so keep your own wording in the first seconds and caption.

Minimum policy positions by content type

Element	Minimum policy position	Who checks it
Label wording	Plain words such as Ad or Paid partnership	Creator and brand reviewer
Label timing	Within first two seconds and in caption	Editor before publish
Gifted content	State item was free	Campaign manager
Affiliate links	State commission is earned	Legal or compliance lead
Programmatic ads	Confirm placement controls	Media buyer

Build the approval workflow

Name a reviewer for each campaign and give them authority to hold publication.

Disclosure approval workflow

Name a reviewer for each campaign
Give reviewer authority to hold publication
Run disclosure check before first post
Record what was checked, by whom, when
Agree placement controls with media buyer
Review excluded placements when campaign changes

Keep a simple record of what was checked, by whom and when.

For paid media, agree placement controls with your buyer. Ask for a list of excluded placements and confirm who reviews it.

If your team is new to the rules, our explainer on short form video UK regulations in England sets out the regulators and what they expect.

Train creators and review the policy

Run a short briefing for anyone who posts on behalf of the brand. Cover label wording, timing and the approval step.

Review the policy at least once a year, or sooner if a platform changes its tools.

Keep a log of complaints and near misses. This is general guidance only; individual cases need a qualified adviser.

Common questions

Does a paid partnership need a label in England?

Yes. The CAP Code requires marketing communications to be obviously identifiable, so a paid partnership on a short-form video platform needs a clear label. Put it where a viewer sees it before engaging.

Is a gifted product an ad under the CAP Code?

It can be. If the brand controlled the content, or the creator received payment or a free item, treat it as advertising and label it.

Who enforces disclosure rules for short form video?

The Advertising Standards Authority enforces the CAP Code, and the Competition and Markets Authority can act on misleading commercial practices.

How often should we update the policy?

Review it at least annually and after any significant platform or regulatory change. Record the review date and the person responsible.