The ASAI is the body that decides whether an ad breaks its Code, and whether an influencer’s post is labelled as the ad it is. It renamed itself the Advertising Standards Authority in 2024, but almost everyone still says ASAI.
If you run ads, sponsor posts, send products to creators or use affiliate links, its Code applies to you, and since February 2026 the CCPC has issued compliance notices for failing to disclose the commercial nature of content. The rules below come from the ASAI, the CCPC, Coimisiún na Meán and Revenue.
What does the ASAI do?
It is a self-regulatory body, set up and funded by the advertising industry.
Two things matter here. Self-regulatory means it is not a government body. The advertising industry set it up and pays for it. Its complaints committee publishes the results.
In practice the ASAI does four things. It writes the Code that ads in Ireland have to follow. It takes complaints from anyone who thinks an ad breaks it. It investigates and publishes an adjudication, naming the advertiser. And it gives advertisers copy advice before an ad runs, so the complaint never happens.
What it can’t do is fine you or prosecute you. That’s the CCPC’s job.
What does ASAI stand for?
Advertising Standards Authority for Ireland. In 2024 it dropped the “for Ireland” and became the Advertising Standards Authority, or ASA. Search for “ASAI” and you’ll still find it.
What is in the ASAI Code?
The Code is in its 7th edition, and it covers advertising, promotional marketing and direct marketing in every medium, social media included. It also sets sector rules, for products such as alcohol, gambling and food.
For most Irish businesses, four lines in the general rules do the heavy lifting:
- 3.31 “A marketing communication should be designed and presented in such a way that it is clear that it is a marketing communication.”
- 3.32 “Marketing communications should not be presented as, for example, market research, consumer surveys, user-generated content, private blogs, or independent reviews if their purpose is marketing, i.e. the promotion of a product.”
- 3.33 “Advertorials should be clearly identified, should be distinguished from editorial matter and should comply with the Code.”
- 3.34 “The identity of the advertiser, product or service should be apparent.”
Read those again with an influencer’s feed in mind. A post that looks like a personal recommendation but was paid for breaks 3.31 and 3.32 at once. That is why the labelling rules exist.
The ASAI rules for influencer posts
The ASAI and the CCPC published joint influencer guidance in 2023, and it is specific. It applies to “all those who promote or recommend products or services on social media for a benefit (monetary or non-monetary)”, and the guidance adds that this “includes human, virtual or animal personas”. A benefit is money, “commissions, proceeds from sales, discounts, company shares, offers of future business contracts, products/services gifted or lent to you for use, trips, event invitations or experiences, or any other type of benefit.”
The labels you can use
Every commercial post needs one primary label, and “this label should be the most prominent label in the post”.
| Label | When to use it |
|---|---|
| #Ad (or #Fógra for a post in Irish) | Any post you were paid for, given something for, or asked to make |
| The platform’s own label, such as Paid partnership | Counts as a primary label on its own |
| #Gifted (or #Féirín) | “Use only when you receive unsolicited products or services, and the brand has not directly influenced your post” |
Labels such as #Collaboration, #BrandAmbassador, #Sponsored, #Affiliate, #PRstay, #PRinvite, #PressDrop and #OwnBrand are secondary. The guidance says to “only use in addition to (and following) primary label”. On their own they don’t count.
Where the label goes
- “The label should be the first word in any text block.”
- “Do not put the label at the end or at the bottom of a post (or where a reader must click ‘see more’ to find the label).”
- For video, “use a clear visual advertising label at the start of your video”.
- For Stories and anything else that expires, “you must label each individual post”.
- “It is not enough to only disclose your commercial interest in a brand in the bio.”
Affiliate links
The guidance is blunt: “If you use affiliate marketing… this should be clearly labelled as ‘#Ad’… It is not enough to only include a link to the product or service.” If you earn from a link, the post is an ad. Our guide to affiliate marketing in Ireland covers the tax side too.
Gifted products, #Gifted or #Ad?
This is where most mistakes happen. The joint guidance says: “If you post about the gifts received and the brand has influenced any aspect of the post’s content or has requested that you post, this must be labelled as ‘#Ad’. Otherwise, ‘#gifted’ is an acceptable label.”
So a parcel that arrived unasked, posted about freely, is #Gifted. A parcel that came with a request for a Story is #Ad. The ASAI and the CCPC read gifts slightly differently, and the guidance says so: under the ASAI Code, labelling isn’t required “unless the brand has influenced the content of the post or requested a post in exchange for the gift”, while the CCPC treats any post made for a benefit as commercial. The safe answer is the stricter one. If in doubt, #Ad.
The brand is responsible, not only the influencer
The guidance puts it on both sides. Brands are responsible for making sure commercial posts about their products contain the necessary labels. If a complaint is upheld, the ASAI publishes an adjudication naming the brand and the influencer.
That means a written brief. Tell the creator which label to use, where it goes, and that Stories need it every time. Keep the brief. It’s your evidence that you asked.
What the CCPC can do that the ASAI can’t
The Competition and Consumer Protection Commission is the statutory regulator. The joint guidance says “influencers must make it clear if their posts are of a commercial nature, or they could be breaching the law”, because the Consumer Protection Act 2007 “bans certain commercial practices that are deemed to be unfair or misleading to consumers”. An influencer “may fall under the definition of ‘trader'” in that Act.
It can issue compliance notices and prosecute, and it uses them. On 12 February 2026 the CCPC announced compliance notices against Conor McGregor and Suzanne Jackson for “failing to disclose the commercial nature of content”, alongside actions against retailers and pubs. CCPC member Patrick Kenny said: “Whether you’re a retailer, a publican or an influencer, you must comply with consumer law.” The CCPC’s own line: “Failure to obey a compliance notice is an offence, and we will prosecute those who do not correct their practices.”
The rules on TikTok, YouTube and Instagram videos
The Online Safety Code from Coimisiún na Meán, published in October 2024, sets duties for video-sharing platforms.
The practical effect: when Instagram or TikTok asks whether your video is a paid partnership or branded content, say yes.
Tax on gifted products and influencer income
Revenue has published guidance on how income from social media promotion is taxed.
Goods can count too, so check how a gift is valued before you decide what to declare. Income is declared on a Form 11 return, and Revenue sets the filing dates each year.
VAT registration is required once turnover passes €42,500 in a calendar year for a business supplying services only. Sponsored posts are services. Our VAT calculator shows what 23% does to a fee.
The EU rules underneath all of this
The Digital Services Act has applied across the EU since 17 February 2024. It requires platforms to show who an ad is for and who paid for it, and it bars ads based on profiling where the platform knows the user is a minor.
How to complain to the ASAI about an ad
Anyone can. You complain through adstandards.ie, the advertiser is asked to respond, the complaints committee decides, and the outcome is published.
A checklist for Irish businesses using influencers
- Write a brief that names the primary label (#Ad or Paid partnership) and says it goes first, in every Story, at the start of every video.
- Decide before you send a product whether you’re asking for a post. If you are, it’s #Ad, not #Gifted.
- Use the platform’s paid partnership tool as well as the hashtag.
- Tell affiliates their links make every post an ad.
- Keep the briefs and the posts. The brand is named in an adjudication alongside the creator.
- Remind creators that promotional gifts can be taxable income. It saves an awkward conversation later.
The same honesty applies to your own ads. If a claim in a Google or Meta ad can’t be backed up, the Code’s misleading advertising section is where the complaint lands. Our guides to advertising a small business in Ireland and what Instagram ads cost assume the ads are honest to begin with.
Questions people ask about the ASAI
Is the ASAI a government body?
No. It is self-regulatory and industry-funded. The government regulator for consumer law is the CCPC, which can issue compliance notices and prosecute.
What happens if you break the ASAI Code?
The ASAI publishes an adjudication naming the advertiser and the brand. If the post also breaks consumer law, the CCPC can issue a compliance notice, and ignoring one is an offence.
Do I have to label a gifted post?
If the brand asked for the post or influenced it, yes, with #Ad. If the gift arrived unasked and you posted freely, #Gifted is acceptable. The label goes first, not at the end and not only in your bio.
Are affiliate links advertising?
Yes. The joint ASAI and CCPC guidance says affiliate posts “should be clearly labelled as ‘#Ad'”, and a link on its own is not enough.
Sources
The ASA Code, general rules 3.31 to 3.34, the joint ASA and CCPC influencer guidance (2023), the CCPC’s influencer guidance and its enforcement announcement of 12 February 2026, Coimisiún na Meán’s Online Safety Code (October 2024), Revenue’s guidance on income from social media and promotional activities, Revenue’s VAT thresholds, and the Digital Services Act. Checked 10 October 2026. None of it is legal advice.
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