Rights and contracts
FTC Disclosure Basics
Quick answer
If you have a connection to a brand, such as payment, free product, or an affiliate commission, your audience should be able to see that clearly. In the United States, the Federal Trade Commission expects clear disclosure of these connections. Rules vary by country, so check current guidance.
Key takeaways
- Disclose paid posts, gifted products, trades, and affiliate links.
- Make the disclosure easy to see and understand, and place it where people will notice it.
- Creators and brands both have responsibilities, so agree on the wording in writing.
- Rules change, so check current guidance for where you and your audience are.
What to disclose
Disclose any connection a viewer would want to know about when they decide how much to trust what you say. That includes:
- Payment.
- Free or discounted product or services.
- Trades and barter.
- Affiliate links or codes where you earn a commission.
- Family or employment ties to the brand.
Where and how to disclose
- Place the disclosure where people will see it, not buried in a long caption or a bio link.
- Use plain words, such as “ad,” “sponsored,” or “paid partnership.”
- For video, show or say it in the video itself, not only in the caption.
- For audio, say it out loud.
- Do not rely only on a platform tool if the label is easy to miss.
- Do not use vague or hidden tags.
Who is responsible
Both creators and brands have responsibilities. Brands should give creators clear guidance, and creators should follow it and disclose properly. Put the disclosure wording in the contract so both sides know what is expected.
What to put in the contract
- That Creator will disclose the relationship in the way the platform and applicable advertising rules require.
- That Brand will not ask Creator to remove or hide the disclosure.
- Any required claims or wording from Brand, supplied in writing before work starts.
Disclosure checklist
Checklist
- I have a connection to the brand, and I have disclosed it.
- The disclosure is clear, plain, and easy to notice.
- It appears in the content, not just in a place people may miss.
- The contract names who is responsible for what.
- I have checked current guidance for my location.
Frequently asked questions
Do I have to disclose a gifted product?
In general, yes. If you received something of value and you post about the product, your audience should be able to see that connection.
Is a platform’s paid partnership label enough?
Not always. Make sure the disclosure is easy to see. When in doubt, add a plain word like “ad” in the content.
Where should the disclosure go?
Where people will notice it. For video, in the video. For long captions, near the start.
Do I need to disclose affiliate links?
Yes, if you earn a commission. Say so plainly near the link.
Are brands responsible too?
Yes. Both sides have responsibilities, so agree on the wording and the process in writing.
Do the same rules apply outside the United States?
Rules differ by country. Check the guidance for where you and your audience are.