Japan’s “Stealth Marketing” Regulations and Best Practices for Influencers and Content Creators in Japan
Japan now has regulations to ban "stealth marketing," which means you need to be upfront about any partnerships or paid promotions.
If you’re a content creator or influencer in Japan, it’s important to understand how to disclose advertisements or sponsored content to comply with Japanese law.
This guide shares further information about the new regulations, as well as best practices for content creators, photographers and influencers.
Remember: This is just a general overview. For specific legal advice, always talk to a lawyer.
Overview
In October 2023, Japan introduced regulations banning “stealth marketing.”
Under these new laws, influencers and creators must transparently communicate when they’re being compensated for advertising and promotions.
What is “stealth marketing?”
Basically, it's when you promote something without telling your followers you're getting paid to do it.
You need to be clear and honest with your audience. Whenever you're promoting something because you've been paid to, make sure you let your followers know.
Why was this law introduced?
Stealth marketing has the potential to mislead audiences and influence a consumer’s ability to make an informed purchasing decision.
Imagine you’re scrolling Instagram and you see somebody promoting a fantastic book they’ve just read, and based on their recommendation you go ahead and purchase it too. If you later found out that they were actually paid to promote that book (which they didn’t initially disclose) and the publisher told them exactly what to say about the book, how would you feel?
Stealth marketing can make people lose trust. And trust is important.
I’m an influencer, how do I know if something should be indicated as an #ad or sponsored content?
Here are some clues:
You get paid: Whether it's cash, products, or services.
You're given specific instructions: Like what to say, where to post, or what hashtags to use.
You have to get approval: If you're sending drafts to the company for their okay.
The company has a say: In things like where you shoot the photos or what the caption should be.
If any of these sound familiar, it's probably a sponsored post.
Best practices for influencers and creators
Having a fair playing field amongst creators is important in maintaining the integrity of social media marketing. So while it’s now a legal requirement to disclose sponsored content, it’s also just the fair and right thing to do.
Here are some best practice guidelines to help:
1. Be upfront about sponsored posts:
Be transparent about partnerships by using clear labels, such as:
#ad
#pr
#Sponsored
(Sponsored Post)
Make sure your disclosure is easy to see and understand.
2. Disclose gifted items
Even if a brand provides free products or services without specific instructions, it’s best to disclose the relationship. You can say something like, "Thanks to [Brand] for sending me this!" or use the hashtag #gifted.
3. Don’t be sneaky
Don't hide your disclosures in tiny or unreadable font, or bury them in your caption.
Avoid vague terms like "collaboration" if it's actually a paid partnership..
4. There is no direct penalty for influencers, but…
While you might not get in trouble, the brands you work with could. It's important to maintain trust with your followers and the brands you partner with!
Staying compliant as a creator
Be upfront with your audience
You might think that tagging something as an ad or sponsored post might mean that your followers lose trust in you, but it’s actually the opposite. Transparency builds trust with your followers! We all know influencers need to make a living, so as long as the products or services fit your audience and you're clear about the partnership, it's all good.
Communicate with brands
Discuss disclosure expectations with brands before agreeing to partnerships. Ensure mutual understanding of legal requirements. If a brand wants you to promote something without telling your followers it's sponsored, maybe it's best to pass.
Learn from others
See what experienced influencers who practice proper disclosure do. For example, utilise Instagram’s “paid partnership” feature.
Why compliance is good for business
Playing by the rules can actually make you a better influencer. It shows that you're a responsible and trustworthy person, which is exactly what brands look for in a partner. And let's not forget about your followers. They'll appreciate your honesty too!
So, next time you're thinking about a sponsored post, remember that doing the right thing can lead to more opportunities and a stronger relationship with your audience.
(This article is intended for informational purposes only and does not constitute legal advice. For specific concerns, consult a legal professional or reach out to the Consumer Services Agency.)
Resources to learn more
Here are a few helpful articles to dive deeper:
DLA Piper: Consumer protection in Japan: New law prohibits stealth marketing
Baker McKenzie: Japan: Consumer Affairs Agency issues its first stealth marketing-related Order for Action
Allison: Fair Play Considerations in Japan’s Consumer Marketing
Japan Times: Japan cracks down on stealth marketing with new law
Consumer Services Agency Japan: Act against Unjustifiable Premiums and Misleading Representations
