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Disclosure laws for sponsored and native content

Overview

Disclosure laws governing sponsored content, including native advertising, have evolved to ensure transparency between advertisers, publishers, and consumers. These regulations seek to prevent deceptive practices by requiring that paid promotional material be clearly labeled as such. Enforcement typically falls under consumer protection agencies, though enforcement strength and specificity vary widely by jurisdiction.

By country or region

United States

The Federal Trade Commission (FTC) enforces disclosure requirements for sponsored content under Section 5 of the Federal Trade Commission Act of 1914, which prohibits "unfair or deceptive acts or practices." In 2015, the FTC issued its first major enforcement guidelines on native advertising, emphasizing the need for "clear and conspicuous" labeling such as "Ad," "Sponsored," or "Paid Post." Social media influencers are also subject to disclosure rules under the FTC’s Endorsement Guides.

European Union

Disclosure requirements in the EU derive from the Unfair Commercial Practices Directive 2005. EU member states implement and enforce these rules individually. The directive prohibits misleading practices, including failing to identify paid placements. Enforcement mechanisms vary in strength by country.

United Kingdom

The Advertising Standards Authority (ASA) enforces the CAP Code, which mandates that paid content must be obviously identifiable as such. Terms like "#ad" or "Paid Partnership" are expected in influencer posts. The ASA also provides guidance for publishers and platforms on differentiating editorial and sponsored content.

France

The Autorité de régulation professionnelle de la publicité [fr] (ARPP) (France's Professional Advertising Regulatory Authority) is an industry regulated body that oversees advertising ethics and enforces standards requiring disclosure of paid content. Digital and native formats must include clear indications of sponsorship (e.g., "publicité" or "contenu sponsorisé").

Israel

As of 2025, Israel has no statutory requirement mandating disclosure of paid media or native advertising. This regulatory gap allows entities like the Israel Government Advertising Agency (IGAA) to publish government-sponsored content in third-party outlets without explicit legal requirements to label it.

Other jurisdictions

Canada: The Competition Bureau enforces truth-in-advertising laws. Native ads must not mislead and must disclose material connections.

Australia: The Australian Competition and Consumer Commission (ACCC) expects transparency but has no uniform standard for digital media.

Brazil: Consumer protection laws may apply, but enforcement around native advertising is emerging.

Japan: Japan, in 2023, enacted legislation targeting "stealth marketing," which essentially refers to advertising disguised as genuine news or endorsements. This means any advertisement that's difficult for consumers to identify as being sponsored or backed by a business operator is prohibited under the Act against Unjustifiable Premiums and Misleading Representations [ja] (AUPMR).

Digital and Social Media Enforcement Platform policies (e.g., Meta, Google, YouTube) often supplement legal requirements by imposing disclosure standards in their terms of service. However, enforcement is inconsistent, and self-regulation is sometimes seen as insufficient.

Disclosure laws for paid news by country

Developed Markets

Disclosure Laws for Paid News Content in EU Countries (28)
Country	Disclosure required	Enforcement level	Notes
European Union	Yes	Medium	EU directives require disclosure of sponsored content (e.g. AVMSD, UCPD), but enforcement is delegated to member states and varies by country.
Austria	Yes	High	Media Transparency Act [de] mandates disclosure of paid content.
Belgium	Yes	High	Economic Law Code [fr; nl] requires disclosure of sponsored content.
Croatia	Yes	High	Member of EU; subject to media disclosure directives.
Czech Republic	Yes	High	Council for Radio and Television Broadcasting enforces disclosure.
Denmark	Yes	High	Marketing Practices Act [da] enforces disclosure obligations.
Estonia	Yes	High	EU law mandates disclosure.
Finland	Yes	High	Consumer Protection Act [fi] mandates clear disclosure of marketing content.
France	Yes	High	Autorité de régulation professionnelle de la publicité [fr] (ARPP) oversees advertising standards and disclosures.
Germany	Yes	High	State Media Authority [de] laws require strict disclosure of commercial intent in media.
Greece	Yes	High	EU member; subject to EU transparency directives.
Hungary	Yes	High	Media Act requires disclosure of paid media.
Iceland	Yes	High	Strong transparency laws as part of EEA.
Ireland	Yes	High	Advertising Standards Authority for Ireland (ASAI) enforces disclosure requirements.
Italy	Yes	High	Italian Advertising Self-Regulation Institute [it] (IAP) oversees disclosure standards.
Lithuania	Yes	High	EU regulation mandates disclosure.
Luxembourg	Yes	High	Subject to EU rules on media transparency.
Malta	Yes	High	EU member; strict disclosure requirements.
Netherlands	Yes	High	Advertising Code Committee [nl] enforces disclosure compliance.
Norway	Yes	High	Marketing Control Act [no] mandates transparency in advertising.
Poland	Yes	High	UOKiK enforces disclosure under consumer protection law.
Portugal	Yes	High	Advertising Code requires disclosure of sponsored content.
Romania	Yes	High	Member of EU with strong consumer protection rules.
Slovakia	Yes	High	EU transparency laws apply.
Slovenia	Yes	High	EU-compliant laws enforce ad transparency.
Spain	Yes	High	General Advertising Law [es] mandates transparency in advertising.
Sweden	Yes	High	The Consumer Agency enforces marketing laws requiring disclosure.
Switzerland	Yes	High	Fair Trading Act [fr] mandates transparency in advertising.

EU candidate and pre-EU candidate countries (10)

EU Candidate and pre-EU candidate countries
Country	Disclosure required	Enforcement level	Notes
Albania	Yes	Medium	The Law on Audiovisual Media (2013) and recent data protection regulations mandate clear identification of advertising content and require explicit consent for direct marketing communications.
Bosnia and Herzegovina	Claimed	Low	While there is no comprehensive advertising law, various sector-specific laws address advertising practices. Enforcement is fragmented across different agencies.
Georgia	Yes	Medium	The Law on Advertising requires that advertisements be clearly distinguishable from editorial content. Enforcement is overseen by the Georgian National Communications Commission.
Moldova	Yes	Medium	The Law on Advertising (2022) and data protection laws require transparency in advertising and the protection of personal data used in marketing.
Montenegro	Yes	Medium	The Law on Prohibited Advertising (2017) prohibits misleading advertising, and the Law on Electronic Trade requires prior consent for unsolicited electronic marketing.
North Macedonia	Yes	Medium	The Law on Audio and Audiovisual Media Services mandates that advertising be clearly identified, and data protection laws require explicit consent for direct marketing.
Serbia	Yes	Moderate	Media Law requires ad disclosure.
Turkey	Yes	Moderate	Disclosure mandated under commercial advertising rules.
Ukraine	Yes	Medium	The Law on Advertising mandates disclosure of paid content. Oversight has improved since 2014, under the State Committee for Television and Radio Broadcasting.
Kosovo	Claimed	Low	Kosovo's Law on Consumer Protection (No. 06/L-034) and Law on Protection of Competition include provisions against misleading advertising, but there is limited clarity or consistent enforcement regarding disclosure of sponsored content or native advertising.

Non-EU, Non-Pacific Rim Developed Market countries (4)

Non-EU, Non-Pacific Rim Developed Market Countries
Country	Disclosure required	Enforcement level	Notes
Canada	Yes	High	Ad Standards and Competition Bureau [fr] enforce disclosure requirements.
Israel	Yes	Moderate	Guidelines exist for disclosure; enforcement is less stringent.
United Kingdom	Yes	High	Advertising Standards Authority (ASA) requires clear labeling of ads.
United States	Yes	High	Federal Trade Commission (FTC) mandates clear disclosure of sponsored content.

Pacific Rim Developed Market countries

Pacific Rim Developed Market Countries
Country	Disclosure required	Enforcement level	Notes
Australia	Yes	High	Australian Competition and Consumer Commission (ACCC) enforces disclosure under the Australian Consumer Law.
Hong Kong	Yes	High	Trade Descriptions Ordinance [zh-yue] mandates disclosure of sponsored content.
Japan	Yes	Moderate	Act against Unjustifiable Premiums and Misleading Representations [ja; ko] requires online advertising disclosures (as of 2023).
New Zealand	Yes	High	Advertising Standards Authority (ASA) requires clear identification of advertisements.
Singapore	Yes	High	Advertising Standards Authority enforces disclosure guidelines.

Americas Emerging Market countries

Americas Emerging Market Countries
Country	Disclosure required	Enforcement level	Notes
Brazil	Yes	High	CONAR enforces advertising transparency.
Chile	Yes	Moderate	Disclosure recommended by self-regulatory bodies.
Colombia	Yes	Moderate	Superintendency of Industry and Commerce can sanction deceptive advertising.
Mexico	Yes	Moderate	PROFECO may sanction misleading advertising.
Peru	Yes	Moderate	Law requires disclosure of advertising; enforcement is variable.

Non-Americas Emerging Market countries

Non-Americas Emerging Market countries
Country	Disclosure required	Enforcement level	Notes
China	No	Low	No formal legal requirement; government can sponsor content without disclosure.
Egypt	No	Low	No laws requiring sponsored content disclosure.
India	Yes	Moderate	Press Council advises disclosure, but enforcement is inconsistent.
Indonesia	Yes	Low	Weak enforcement of advertising transparency rules.
Korea, South	Yes	High	Fair Trade Commission enforces disclosure standards.
Kuwait	No	Low	No clear statutory disclosure requirement.
Malaysia	Yes	Moderate	Communications and Multimedia Commission provides guidance.
Pakistan	No	Low	Lack of explicit legislation for disclosure.
Philippines	Yes	Moderate	Advertising Board issues voluntary codes; enforcement limited.
Qatar	No	Low	No laws mandating labeling of sponsored media.
Saudi Arabia	No	Low	Government-sponsored media typically lacks disclosure.
South Africa	Yes	Moderate	Advertising Regulatory Board oversees standards.
Taiwan	Yes	High	FTC enforces disclosure of native advertising.
Thailand	Yes	Moderate	Disclosure required under consumer protection law.

Non-EU Frontier Market countries

Non-EU Frontier Market countries
Country	Disclosure required	Enforcement level	Notes
Argentina	Yes	Moderate	Consumer Protection Law mandates transparency.
Bahrain	No	Low	No formal disclosure requirements.
Bangladesh	No	Low	Weak regulatory enforcement in advertising.
Jordan	No	Low	No clear laws on native ad labeling.
Kazakhstan	No	Low	No national disclosure rules.
Kenya	Yes	Moderate	Advertising Standards Board advises transparency.
Morocco	Yes	Low	Legislation exists but poorly enforced.
Nigeria	Yes	Moderate	National Broadcasting Commission oversees standards.
Oman	No	Low	No national requirements.
Tunisia	Yes	Low	Oversight present, but limited enforcement capacity.

Other countries

Other countries
Country	Disclosure required	Enforcement level	Notes
Russia	Claimed	Low	The Federal Law on Advertising (2006) requires disclosure of advertising, but enforcement is selective and often subordinate to political considerations, and not transparent.

Bibliography

Annotations

Notes

References

Primary

FTC (December 2015). "Native Advertising: A Guide for Businesses". Archived from the original on March 15, 2022. Retrieved June 2, 2015.

This FTC guide provides informal staff guidance to help businesses apply the principles outlined in the Commission's Enforcement Policy Statement on Deceptively Formatted Advertisements. It emphasizes that advertisements should not mislead consumers into believing they are independent or editorial content. The guide outlines when disclosures are necessary to prevent deception and offers practical advice on making clear and conspicuous disclosures in various formats of native advertising.

Secondary

HuffPost (screenshot). Wikipedia. May 31, 2025. Retrieved June 8, 2025. Screenshot taken from an IP address in the Northeastern U.S. showing IGAA-sponsored native advertising content

"HuffPost (screenshot)". Wikipedia. May 31, 2025. Screenshot taken from an IP address in the Northeastern U.S. showing IGAA-sponsored native advertising content.

Van Reijmersdal, Eva Adriana; Rozendaal, Esther [at Wikidata] (April 4, 2020) [online: April 4, 2020; print: September 25, 2020]. "Transparency of Digital Native and Embedded Advertising: Opportunities and Challenges for Regulation and Education". Communications (quarterly). 45 (3). Berlin: De Gruyter Mouton: 378–388. ISSN 0341-2059, ISSN 1613-4087 (publication); doi:10.1515/commun-2019-0120 (article); OCLC 10334020796, 8584483336, 1443340743 (article).

Online ed.. April 4, 2020. Archived from the original on May 25, 2025. Retrieved June 2, 2025.
Print ed. Pdf. September 25, 2020. Retrieved June 2, 2025 – via De Gruyter Brill.

This article examines the lack of transparency in digital native and embedded advertising. It discusses the challenges and opportunities associated with disclosing native advertising practices and emphasizes the role of education in helping consumers recognize such content.

Asquith, Kyle; Fraser, Emily M. (2020). "A Critical Analysis of Attempts to Regulate Native Advertising and Influencer Marketing". International Journal of Communication. 14. USC Annenberg Press. LCCN 200621308 200-621308 (publication); ISSN 1932-8036 (publication); OCLC 8900467467 (article).

This study critically examines how regulatory bodies in Canada, the UK, and the US address native advertising and influencer marketing. It highlights the limitations of current regulatory approaches and suggests the need for broader frameworks to address the complexities of digital advertising.

Van Reijmersdal, Eva Adriana; Brussee, Eline; Evans, Nathaniel J.; Wojdynski, Bartosz W. (2022). "Disclosure-Driven Recognition of Native Advertising". Journal of Interactive Advertising. doi:10.1080/15252019.2022.2146991.

This study investigates how different disclosure formats affect consumers' recognition of native advertising. It explores the psychological mechanisms behind disclosure effectiveness and provides insights into designing more transparent advertising content.

Evans, Nathaniel J.; Wojdynski, Bartosz W.; Hoy, Mariea Grubbs (November 8, 2018) [received February 19, 2017; accepted May 1, 2018]. "How Sponsorship Transparency Mitigates Negative Effects of Advertising Recognition". International Journal of Advertising. 38 (3). Advertising Association: 364–382. ISSN 1759-3948 (publication), ISSN 0265-0487 (publication); doi:10.1080/02650487.2018.1474998 (article); Wikidata Q128973908 (article).

Tertiary