Advertising Regulatory Board Sharpens Expectations on Influencer Disclosures

27 September 2026

The Advertising Regulatory Board (ARB) in South Africa has tightened its position on what constitutes a material relationship requiring disclosure from social media influencers, in a significant ruling that reflects a broader crackdown on non-compliant campaigns.

In a July 2024 decision on Castle Lager, the ARB ordered a brand to either remove an influencer post immediately or add a relevant disclaimer, such as #sponsored or #ad. Significantly, the regulators ruled this was paid advertising even though the post already carried responsible-drinking messaging, including an 18+ SAB SHARP icon, which the board said did not excuse lack of disclosure.

The ARB's latest guidance builds on its Appendix K Social Media Code, which states that influencers must declare their involvement under the "Declaration of goods and services." section. Disclosure is required where an influencer receives any sort of incentive, including free products and other benefits from a brand, per South Africa's advertising regulations.

In the Castle Lager case, the panel cited that the brand-controlled content, the use of Castle Lager branding, and the ARB's previous finding of a material relationship between the influencer and the brand as the main reasons for the ruling. While the post adhered to responsible-drinking guidelines, the regulators found the lack of clear, upfront disclosure on a high-profile social account to be misleading.

The ARB's decision insists that the post be either removed or edited to separate commercial messaging, which has vast implications for brands and influencers alike. Moving forward, creator-generated social content that is paid for or materially connected to a brand via affiliate programs, gifts, discounts, etc. will have to clearly disclose the relationship, or face removal or editing at the board's discretion. The ruling also underscores the point that brand approval, or any indication that content was tailored to the brand's needs, puts influencer posts in that commercial messaging category.

There are still some major questions left unanswered by the Castle Lager ruling that could have bearing on the way brands coordinate with influencers moving forward. How much is too much brand material to include in an influencer post? Does it matter if a brand asset is loaned or gifted vs. paid for? What about affiliate posts or referencing giveaways?

However, as it stands, the ruling's thrust is clear: failure to clearly and immediately separate paid or incentivised content from organic posts will count as misleading consumers, and the ARB will hold brands and influencers jointly responsible for making that clear. In a market where sponsorship relationships are often "friendly" or informal, it will be key for brands and creators to have a clear, documented understanding of post conditions and clearly defined contractual obligations around disclosure and content publishing rights.