CMP-03 · Advertising compliance

Social media and influencer disclosure scorecard

Ten criteria for assessing whether paid, gifted and incentivised content about a clinic is disclosed clearly and controlled properly.

By the Rank My Clinic assessment desk· ·1528 words· 10 criteria

What this instrument establishes

Disclosure concerns whether content published about a clinic under any arrangement is identifiable as advertising. This scorecard assesses ten criteria: arrangement inventory, written agreements, disclosure requirement, prominence, coverage of gifted treatment, staff posting, patient incentives, monitoring, historic material and takedown. Disclosed content still has to satisfy the substantiation and medicines rules, which are assessed separately.

Gifted treatment is payment

The single misunderstanding that produces most exposure in this area is the belief that disclosure applies to money. It applies to a material connection, and providing a treatment worth several hundred pounds in exchange for content is a material connection whether or not an invoice exists.

The reasoning is straightforward from the reader's side. A viewer deciding whether to trust an account of a procedure needs to know whether the person had a commercial reason to be positive. That is the information disclosure exists to convey, and it is exactly as relevant when the payment took the form of the treatment itself.

The same logic covers staff. A practitioner posting enthusiastically about the clinic that employs them has a connection the reader may not know about, particularly where the account reads as personal. Identifying the connection is not onerous and it prevents the material being read as independent.

The second common misunderstanding concerns control. A clinic that provides a treatment and hopes for a favourable post has created an advertisement it cannot correct. Written arrangements exist so that the clinic can require disclosure, require accuracy, and require removal where something is published that breaches the medicines rules. Without an agreement none of those is available.

The advertising code is the reference for what disclosure must achieve, and consumer protection law addresses the same territory from a different direction.

How to score this instrument

Build the inventory first, and build it by asking rather than by remembering. Ask reception who has come in for a complimentary treatment in exchange for coverage. Ask practitioners whether they post about their work. Ask whoever manages the accounts which partnerships are running. Informal arrangements outnumber formal ones in most clinics.

For each arrangement, establish whether anything is written down. A message thread agreeing terms is better than nothing and scores 1; a document stating what is provided, what is expected and what disclosure is required scores 3.

For prominence, look at the posts on a phone without expanding the caption. If the disclosure is not visible in that state, score 0. This is the test that matters because it is how the material is consumed.

For monitoring, ask when somebody last looked at what a partner actually published. For historic material, search your own tagged posts and mentions for the last two years.

For takedown, ask what would happen if a partner published something naming a prescription-only medicine. If the answer is a request and hope, score 1 at most.

Common scoring errors

Treating gifted treatment as unpaid. The commonest error in this sector and the one with the clearest answer.

Accepting a hashtag among twenty others as prominent disclosure. Prominence means visible without effort, at the start, in plain words.

Excluding staff. An employee's enthusiastic post about their employer carries a connection the reader cannot see.

Scoring monitoring as done because the clinic follows the partner. Following is not checking. The criterion asks for a stated cycle and a record.

Assuming an agency partner has handled it. Ask to see the agreements. Responsibility for advertising published in your name does not transfer.

A workable arrangement template

Clinics do not need elaborate contracts. A single page stating what the clinic provides, what the partner will publish, that disclosure must appear at the start of the caption in plain words, that no prescription-only medicine may be named, that clinical claims must not be made, that the clinic may request removal, and how long the arrangement runs.

Supply the disclosure wording rather than leaving it to the partner. Specifying the exact words removes the most common failure, which is a partner using a term the platform provides but the reader does not understand.

Check what was published within a week of publication rather than at the end of the arrangement. Corrections are possible early and awkward later.

Apply the same page to staff, with the payment section removed and the connection statement retained. Practitioners generally welcome a clear rule, because the alternative is judging each post individually.

Then run the advertising compliance self-audit across the resulting material, since disclosed content is still advertising and still has to satisfy substantiation and the medicines rules covered by the prescription-only medicine checklist.

CMP-03

Social and influencer disclosure scorecard

What it measures
Whether content published about the clinic by third parties, staff or patients under any arrangement is disclosed as advertising and controlled by the clinic.
What it does not measure
It does not assess the content itself for substantiation or medicines rules. Disclosed material can still breach other requirements.
Scoring method
Criterion referenced. 10 criteria, each scored 0 to 3 against the descriptor given. Maximum 30.
Evidence needed
Every arrangement under which somebody posts about your clinic, and the posts themselves.
Working time
Around 45 minutes.
Who should score it
Whoever manages partnerships, with whoever approves advertising.
Band scale
  • 0 Absent
  • 1 Emerging
  • 2 Established
  • 3 Embedded
  1. 01

    Arrangement inventory

    Every arrangement under which anybody posts about the clinic is listed, including informal ones. Score 0 if no list exists, 3 if written and current.

  2. 02

    Written agreements

    Each arrangement is documented, stating what is provided and what is expected. Score 0 if arrangements are verbal, 3 if written for every one.

  3. 03

    Disclosure is required

    Every agreement requires clear disclosure of the commercial relationship. Score 0 if not required, 3 if required in writing and its form specified.

  4. 04

    Disclosure is prominent

    The disclosure is visible without expanding a caption, in plain words, at the start. Score 0 if buried among hashtags, 3 if prominent in every instance.

  5. 05

    Gifted treatment is treated as payment

    Free or discounted treatment in exchange for content is disclosed as such. Score 0 if treated as unpaid, 3 if disclosed consistently.

  6. 06

    Staff posting is covered

    Practitioners and staff posting about the clinic identify their connection. Score 0 if unaddressed, 3 if a policy covers it and is followed.

  7. 07

    Patient incentives are disclosed

    Any benefit given to a patient for posting is disclosed on the post. Score 0 if undisclosed, 3 if disclosure is required and checked.

  8. 08

    Monitoring

    The clinic checks what is actually published under each arrangement. Score 0 if unchecked, 3 if checked on a stated cycle.

  9. 09

    Historic material

    Past collaborations have been reviewed and undisclosed material corrected or removed. Score 0 if not reviewed, 3 if swept and dated.

  10. 10

    Takedown capability

    The clinic can require removal of material that breaches the agreement, and has done so where needed. Score 0 if no mechanism exists, 3 if contractual and exercised where necessary.

Total score 0/ 30 Not yet scored

Scoring runs in your browser and nowhere else. Nothing is saved, nothing is sent to us, and closing the page clears it. Print this page to fill the instrument in on paper.

Band interpretations

0 to 10Absent

Content is being published about the clinic under arrangements nobody has documented, without disclosure, and nobody is checking what it says. This is advertising the clinic is responsible for and does not control.

Next action. Write the inventory. Until you know who is posting under what arrangement, none of the remaining criteria can be assessed.

11 to 17Emerging

Formal partnerships are disclosed and informal ones are not. Gifted treatment in particular is being treated as though it were not payment.

Next action. Extend disclosure to gifted treatment and to staff posts. Those two are the categories most often assumed to be exempt.

18 to 25Established

Disclosure is required and largely happens. Gaps are usually prominence, monitoring and historic material.

Next action. Specify the form of disclosure rather than leaving it to the poster, and sweep past collaborations.

26 to 30Embedded

Every arrangement is written, disclosed prominently, monitored, and enforceable, and past material has been corrected.

Next action. Re-score whenever a new arrangement begins. Add the disclosure requirement to the agreement before anything is provided.

Advertising compliance instrument CMP-03. Bands are criterion referenced: they describe your operation against the descriptors above, not against any other clinic. No comparative benchmark for UK aesthetic clinics is published, so this instrument does not pretend to one.

What this instrument does not tell you

  • Whether the content complies with medicines or substantiation rules. Disclosure is one requirement among several.
  • Whether the arrangement is good value. This is a compliance instrument, not a commercial one.
  • Whether the audience believes the disclosure. Prominence is scored; perception is not.
  • Whether an individual post would be judged adequately disclosed. That turns on specifics.
  • How other clinics handle influencer arrangements. Undisclosed gifting is common and scores 0 here.

Every instrument on this site carries this block. An assessment that will not state its own limits is a sales document with a scale printed on it.

Questions about this instrument

Does a friend posting about their treatment need to disclose?

If they received the treatment free or at a discount in connection with posting, yes. If they paid in full and posted spontaneously, that is their own content. The distinction is whether there was a material connection, not how close the relationship is.

What wording should the disclosure use?

Plain words that a reader understands immediately, placed at the start rather than the end. Specify the exact wording in the agreement rather than leaving it to the poster, which is where most inadequate disclosures originate.

Are staff posts really advertising?

Where an employee posts about the clinic's services in a way that promotes them, the material is doing the work of an advertisement and the reader cannot see the employment relationship. Identifying it is straightforward and removes the question.

What if a partner refuses to disclose?

Then the arrangement should not proceed. A clinic that provides value in exchange for undisclosed content is responsible for the resulting advertisement and has no mechanism to correct it.

Do we need to disclose on our own accounts?

Your own accounts are obviously yours, so the connection is visible. The disclosure requirement addresses material where the relationship is not apparent, which is why it attaches to third parties, staff personal accounts and incentivised patients.

Sources

  1. Advertising Standards Authority: the non-broadcast advertising code
  2. Competition and Markets Authority
  3. Consumer Protection from Unfair Trading Regulations 2008
  4. MHRA: the Blue Guide, advertising and promoting medicines

Disclosure. This instrument contains no commercial links of any kind. Rank My Clinic is published by Northbank Media. We do not rank clinics, we do not rank suppliers, and no organisation can pay to influence any criterion, band or interpretation. Nothing here is medical, legal or regulatory advice.

Related instruments

The full library
CMP-01 · Compliance

Aesthetic advertising compliance self-audit

Measures: Whether the clinic's advertising practice aligns with the published UK advertising codes and related guidance, as far …

12 criteriaMax 368 min