Written answers
Tuesday, 29 July 2025
Department of Enterprise, Trade and Employment
Consumer Protection
Eoghan Kenny (Cork North-Central, Labour)
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880. To ask the Minister for Enterprise, Trade and Employment for an update as of July 2025 on the programme for Government commitment to ensure that legislation and guidelines regarding the disclosure of commercial content by online influencers are up to date and effective; and if he will make a statement on the matter. [41005/25]
Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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I thank the Deputy for raising this important matter.
The Programme for Government includes a commitment to ensure that legislation and guidelines regarding the disclosure of commercial content by online influencers remain up-to-date and effective. This commitment is being actively progressed through both legislative enforcement and updated guidance.
Legislation
The Consumer Protection Act 2007 continues to provide the legal framework governing misleading and prohibited commercial practices, including those relevant to influencer marketing. Key provisions include:
- Section 46(1): Prohibits misleading omissions or concealment of material information likely to affect consumer decisions.
- Section 46(2): Requires that material information be presented clearly and that commercial intent be disclosed.
- Section 55(1)(q): Prohibits undisclosed paid promotions within editorial content.
- Section 55(1)(x): Prohibits misrepresenting a trader as a consumer.
Guidance
In October 2023, the Competition and Consumer Protection Commission (CCPC), in collaboration with the Advertising Standards Authority (ASA), published updated joint guidance for influencers. This followed extensive research, including eye-tracking studies and consumer surveys, which revealed low levels of trust and high rates of consumer confusion regarding influencer advertising.
The guidance applies to all individuals who promote products or services for a benefit, including influencers, content creators, streamers, and media personalities. It outlines clear requirements for:
- Labelling: All commercial content must be clearly marked, typically using the hashtag #Ad or #Fógra for Irish-language posts.
- Gifts and Own Brand Promotions: These must be disclosed as advertising.
- Reposts and Affiliate Links: Must be labelled appropriately.
- Visibility: Labels must be instantly visible across platforms and devices.
Engagement and Enforcement
The CCPC has taken proactive steps to engage with influencers and enforce compliance. In April 2024, the CCPC contacted 26 influencers across various sectors to remind them of their legal obligations. Enforcement actions have followed:
- In December 2024, two influencers were served with compliance notices under Section 55(1)(q) for failing to disclose paid promotions
- Further investigations are ongoing, and additional enforcement actions are anticipated.
In conclusion, the Government remains committed to ensuring that consumer protection legislation and guidance keep pace with developments in digital marketing. The joint efforts of the CCPC and ASA are central to this work, and enforcement actions will continue where breaches occur.
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