October 2025
Content, Media and Technology
ASA publishes article on ads featuring unhealthily thin-looking models
On 10 September 2025, the Advertising Standards Authority ('ASA') published an article addressing ads that portray unhealthily thin looking models. It confirms existing rules on social responsibility and guidance that ads should not present unhealthily thin looking bodies as glamorous or aspirational, while not banning thin or lean models per se.
This follows recent rulings against Next, Zara, Marks & Spencer and Asos on unhealthily thin models. In some instances, the ASA ruled against only some of the ads in a campaign featuring the same model, which emphasised the need to check each image, as it is not necessarily the model used which is important but how they are presented. Assessments focus on presentation and audience impact, with factors such as lighting, styling, makeup and camera angle influencing outcomes.
The ASA explains its focus on thinness reflects UK societal context. Advertisers should review creative choices to avoid irresponsible portrayals and should expect continued enforcement action.
Read more from Oz Watson on previous ASA rulings on irresponsible advertising here.
ASA and CMA influencer marketing guidance updates for content creators and social media endorsements
ASA influencer marketing guidance update
On 28 August 2025, the ASA published an advisory article on influencer marketing, outlining disclosure rules, control tests and legal risks. The guidance clarifies that posts must clearly signal advertising, with #ad recommended as the simplest compliant label. Placement must be upfront and prominent. Hashtags such as #gifted, #aff or affiliate are inadequate. Repeated non-compliance may escalate enforcement.
The ASA applies two cumulative tests for when disclosure is required. Payment includes money, free products, discounts, referral-code commissions and other benefits. Editorial control includes final approval, rights to edit, scripts or mandated wording or hashtags. Brand ambassador agreements will usually meet both tests and must be labelled.
Ads must also comply with the CAP Code. Misleading claims, omissions and unsubstantiated comparisons risk sanctions and referral to Trading Standards.
CMA updated guidance for content creators on social media endorsements
On 28 August 2025, the Competition and Markets Authority ('CMA') updated its guidance for content creators on labelling gifted, discounted and promotional content to reflect the Digital Markets, Competition and Consumers Act 2024 ('DMCC').
The guidance addresses disclosure when there is a direct business connection, honesty in content, and the requirement to identify ads and incentives, including gifts, discounts, payments and commission, across all channels regardless of follower count.
The guidance applies to endorsements of goods, services and digital content, and to posts about a creator’s own brand on personal accounts.
Read more on the updates to influencer and affiliate marketing from Megan Eaton and Louise Popple here.
European Commission launches consultations on Code of Practice for transparent AI systems and digital simplification
Consultation on Code of Practice for transparent AI systems
On 4 September 2025, the European Commission launched a consultation to develop guidelines and a voluntary Code of Practice on transparency obligations for certain AI systems under the EU AI Act.
The consultation targets providers and deployers of generative and interactive AI, biometric categorisation and emotion recognition systems, as well as public and private bodies, experts, civil society, supervisory authorities and citizens. The consultation and call for expressions of interest to participate in drafting the Code is open until 2 October 2025.
The initiative focuses on detection and labelling of AI-generated or manipulated content, and informing users when interacting with AI or exposed to biometric categorisation or emotion recognition.
The AI Act entered into force on 1 August 2024 and its transparency obligations apply from 2 August 2026. Businesses should assess current content labelling, user disclosure and biometric processing practices and consider contributing to the consultation and Code development.
For further information on transparency requirements relating to the fashion industry's use of AI in the context of the AI Act, read more from Benjamin Znaty here.
Consultation on digital simplification
On 16 September 2025, the European Commission launched a public consultation on an omnibus digital simplification proposal covering the AI Act, the ePrivacy Directive, SME-focused changes to the EU data strategy, cybersecurity incident reporting and the European Digital Identity Framework. The consultation seeks to ensure optimal application of AI Act rules effective since 2 August 2025 and to clarify interplay with other laws.
The plan proposes targeted updates to cookies and tracking rules to limit consent fatigue, relax certain GDPR recordkeeping obligations for SMEs, and clarify data-sharing mechanisms under the Data Act and the Data Governance Act. It addresses reported complexity, national fragmentation and enforcement misalignment.
Feedback closes on 14 October 2025, with finalisation expected in December 2025. Businesses should assess impacts on AI system obligations, including high-risk requirements due on 2 August 2027, and consider responding to shape simplifications that could reduce compliance burdens and streamline reporting tools.
For further information, see our guidance on the new EU digital laws here.
