The ASA has ruled that a post on Katie Price’s Instagram page, in which she showed off a gifted rose gold iPhone from, was not obviously identifiable as a marketing communication.

This ruling follows a number of similar decisions by ASA in respect of gifted items in which they have determined that even if there is no contractual agreement in place between parties to post content which features gifts, such posts will often be considered to be marketing content.

The ASA is of the view that where items have been gifted “it is understood that the post in question will have been disseminated in exchange for the free item in lieu of a financial payment”.

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