Rules and ethics
Labelling paid and gifted Scottish travel creator posts for the ASA and CMA
How Scottish travel creator campaigns must label paid trips, gifted stays and VisitScotland content to satisfy ASA ad rules and CMA endorsement guidance.
What to take away
- The CAP Code covers Scottish travel creator campaigns just as it covers campaigns in England and Wales. There is no separate Scottish advertising code.
- A paid fee or a gifted trip is an ad, so the label must be obvious before a follower engages.
- The CMA treats an undisclosed free stay, meal or ticket as a misleading endorsement.
- VisitScotland content needs the same label even when it pays nothing, because itinerary control and free access count as payment in kind.
Which CAP Code rules apply to Scottish travel creator campaigns
The CAP Code is the UK advertising rulebook for influencer marketing. It applies to a Scottish travel creator campaign when a brand or tourism body pays for content, gifts a trip, or controls what is posted.
Ads must be obviously identifiable. A label such as #ad must sit up front, not buried in a hashtag block. "Ad" is clearer than "sponsored" or "collab", which many followers read as vague.
The ASA's guidance on recognising ads in social media posts says the label should be visible before a user engages, not hidden behind a "more" link.
The test is control plus reward. A hotel that gives a free stay in return for posts has created an ad. A creator who pays for a trip and later mentions a brand unprompted has not. Claims also need evidence, so "cheapest fares to Glasgow" must be accurate.
For a pre-brief checklist, see advertising rules to check.
How the CMA treats gifted trips and paid endorsements
The Competition and Markets Authority enforces consumer protection law alongside the ASA's advertising codes. It covers any relationship that could change how a consumer reads a recommendation.
The CMA published its guidance on social media endorsements for content creators in 2023. It requires creators to disclose payment or a gift clearly, at the time of posting rather than in a later correction.
A free stay on Loch Lomond, a complimentary dinner in Glasgow or a press ticket to the Edinburgh Fringe all count as payment in kind. The guidance is clear that a gift triggers disclosure, not only cash.
Use this test before a Scottish creator posts.
Is it an ad?
Payment, gift or control?
label as ad
usually not an ad
Where the ad label goes on each platform
Where the ad label goes
| Platform | Where the label goes |
|---|---|
| Instagram feed | First line of the caption, before the "more" cut-off |
| Instagram Stories and Reels | On screen from the first frame, plus a caption label |
| TikTok | On-screen text throughout the commercial section, plus a caption label |
| YouTube | Spoken disclosure plus on-screen text early in the video |
Five steps keep a campaign clean.
Where the ad label goes
- Check the creator's past posts for correct labelling.
- Put a labelling clause in the contract that names #ad.
- Brief the placementstart of caption, on screen for video.
- Approve drafts before publication.
- Screenshot the live post and file it.
Compliant campaign workflow
- Agree disclosure wording before content
- Brief creator on gifted stays and affiliate links
- Review first post before publication
- Request changes if label is unclear
- Monitor post and keep records
VisitScotland content: what changes when the tourism body has control
A VisitScotland-funded creator trip is an ad, and the label belongs on every post in the campaign.
Control matters as much as money. If VisitScotland sets the itinerary, supplies tickets or requires specific hashtags, the content is an ad even with no fee. A creator given free Fringe tickets by a promoter faces the same duty.
VisitScotland's own channels must comply. When it reposts creator content, the label has to travel with it.
If your team is reviewing how it documents these arrangements, our guide to updating a disclosure policy covers the paperwork.
Example: a Glasgow city break brief that passes ASA scrutiny
A VisitScotland campaign pays a Glasgow creator a fee and covers two nights in a city hotel. The brief asks for three Instagram posts. The contract reads:
All posts must begin with #ad on the first line of the caption. No other hashtag may appear before it. Drafts must be submitted 48 hours before publication.
The creator sends drafts, the marketer checks the first line, approves, and files screenshots with the signed brief. That file is the evidence if a complaint arrives.
What the ASA and CMA can impose
If the ASA upholds a complaint, it can require the ad to be changed or withdrawn, and can seek an assurance that the advertiser will not repeat the breach. Refusal can lead to a Trading Standards referral and legal action.
Rulings are public. Searching the ASA rulings database before you launch shows what the regulator has criticised in travel and influencer campaigns.
The CMA can seek undertakings and, failing that, go to court. Both regulators can examine one campaign.
Before you brief anyone, work through the rules and ethics before you brief checklist.
Common questions
Do gifted stays need an ad label?
Yes. The CMA treats a gift as payment and the CAP Code treats the content as an ad.
Is #sponsored enough for a VisitScotland campaign?
It can be, but #ad is clearer and less likely to be challenged. Place it at the start of the caption.
Does Scottish law differ from the rest of the UK?
No. The CAP Code and consumer protection law apply across the UK, so Scottish campaigns follow the same rules as English ones.
