How UK streamers label gaming brand deals under ASA rules

What to take away

Who the ASA and CAP are and what the CAP Code covers

The UK's advertising regulator, which operates independently, is the Advertising Standards Authority. It administers the CAP Code, which sets the rules for non-broadcast ads, including influencer content.

The Committee of Advertising Practice writes the CAP Code. It covers ads in media such as social platforms, video sharing sites and creator content. Broadcast ads fall under a separate code.

The CAP Code applies to marketing communications. That includes content directly connected with the supply of goods or services, or that promotes a brand. If a brand pays for or controls a stream, the CAP Code likely applies.

For streamers, the key rule is that ads must be obviously identifiable. The CAP Code says marketing communications must be clearly distinguishable as such. This is the foundation for ad labelling on platforms like Twitch, YouTube and TikTok.

The ASA's Recognising ads: Social media and influencer marketing guidance explains why labels like #ad are effective because they are unambiguous. It also warns against ambiguous labels such as #sp or #collab, which may not be clear to all viewers.

Enforcement is not limited to big brands. The ASA has ruled against individual influencers and small businesses. Its published rulings are public and searchable.

If you stream from the UK, the CAP Code applies to your content even if your audience is global. UK viewers are the focus, but the rules follow the market you are targeting.

When you decide whether a brand deal is an ad, and how to label it, you are applying the CAP Code. For a deeper look at that decision, see labelling it where viewers meet it.

What the CAP Code says in practice

The Non-broadcast Code sets out the rule that marketing communications must be identifiable. The relevant provision is CAP Code rule 2.1: “Marketing communications must be obviously identifiable as such.” That requirement drives the rules on ad labelling for creators.

The ASA's guidance on recognising ads, Recognising ads: Social media and influencer marketing, translates that rule into platform-specific advice. It names #ad as the clearest label and explains why vague tags fail.

When a gaming brand deal becomes an ad UK viewers see

A brand deal becomes an ad when there is payment or another form of control. Payment can be money, free products, game keys, or event access. Control means the brand has approval over the content.

The CAP Code does not require a formal contract. If you receive a benefit and the brand expects coverage, it is likely an ad. The ASA looks at the overall relationship.

Even if you are not paid, a deal can be an ad if the brand has editorial control. For example, if a game publisher asks you to show a new feature in a positive light, that is control.

Affiliate links are a form of advertising. If you earn commission from purchases made through your link, you should disclose it. The CAP Code treats affiliate marketing as a marketing communication.

Gifted items can also trigger ad labelling. If a brand sends you a game key or merchandise with no obligation to post, it may not be an ad. But if there is an expectation of coverage, it is.

The broadcast code recognition rules show how the same principle of recognisability is applied across media. Viewers must never be misled about the commercial nature of what they are watching.

Streamers often blur the line between personal and promotional content. A good rule is: if a viewer might not realise it is an ad, label it.

The CAP Code also applies to ads that are not paid for, such as your own products. If you promote your own merchandise, that is an ad and must be identifiable.

When you write a disclosure policy, cover game keys, event access and your own products so viewers know what to expect.

The control test in plain terms

Ad labels that pass: #ad, #sponsored and paid partnership tools

The ASA's guidance on recognising ads says that #ad is the clearest label. It is short, widely understood and unambiguous. Place it where viewers will see it before they engage.

#sponsored is also acceptable if it is prominent. The ASA looks at whether the label is clear in context. If it is buried in a wall of hashtags, it may not pass.

Platform tools such as YouTube's paid promotion checkbox and Instagram's paid partnership tag can help. But they are not a substitute for a clear label in the content itself. The ASA expects the label to be visible without clicking 'see more'.

For live streams, put the label in the stream title and repeat it periodically. Viewers may join mid-stream, so a one-time mention is not enough.

For video content, place the label at the start of the video and in the description. The ASA has ruled against labels that appear only after a long intro.

A good label is: 'This video is sponsored by [brand]' or '#ad' at the start of the title. Avoid vague terms like 'collab' or 'partner'.

The CAP Code requires that the label is obvious. That means it should be understandable to the average viewer. If a viewer has to think about whether it is an ad, it is not obvious.

When in doubt, use #ad. It is the gold standard. The ASA's guidance on recognising ads provides examples of labels that work and those that do not.

Label placement checklist

Affiliate links, gifted keys and event access

Affiliate links are a common revenue stream for streamers. If you earn a commission, you must disclose it. The CAP Code treats affiliate marketing as advertising.

Disclose affiliate links clearly. A simple 'affiliate link' or 'I earn a commission' is enough. Place it near the link, not just in a bio.

Gifted game keys can be an ad if there is an expectation of coverage. If a publisher sends you a key and asks for a review, that is an ad. If you receive a key unsolicited and decide to cover it, it may not be an ad, but disclosure is still good practice.

Event access is similar. If a brand flies you to a launch event and expects coverage, that is an ad. You should label the content accordingly.

Gifts can be ads if the brand has control over the content. Control can be as simple as an agreement to post. That is why a written policy helps, and ours covers game keys, event access and your own products.

Remember that the CAP Code applies to all marketing communications. If you are unsure, disclose. It is better to over-disclose than to risk a ruling.

Worked example: a sponsored key drop

A publisher sends a streamer a review key plus a fee. The deal requires the streamer to stream the game for two hours and mention three features. The streamer earns affiliate commission on a store link shown on screen.

What should appear on screen and in the metadata:

How to use published ASA rulings

The ASA publishes its rulings on its website. They are public and searchable, and can help you see how advertising rules are applied to the facts of an individual case.

Search for the platform, content format and disclosure issue closest to your proposed deal. Treat a search result as a starting point, then read the ruling itself.

When reading a ruling, check the advertiser, publication date, commercial relationship, wording and placement of any label, and the ASA's conclusion.

Compare those facts with your own arrangement, including whether the brand paid for or controlled the content. Do not assume a different type of promotion will have the same outcome.

For a gaming launch or hardware promotion, search those terms in the rulings database, then check whether a result concerns creator content and a comparable disclosure.

Read the ruling alongside the CAP Code and the ASA's guidance. A decision about a different format may not answer every question about a livestream.

If you cannot find a close match, apply the identification test directly: could viewers recognise the commercial content as an ad before engaging?

Published rulings are useful for checking how the rules are applied. Compare the specific facts and outcome of any ruling you rely on with your own deal.

For a broader view of UK compliance, from recognisable ads to cleared music, see our guide.

What to check in a published ruling

Sanctions and the non-compliant online advertisers list

The ASA does not fine advertisers directly. But it can take action that affects your reputation and your ability to work with brands.

The ASA publishes a list of non-compliant online advertisers. This list names advertisers who have not complied with ASA rulings. It is public and can be shared with platforms and brands.

Being on the list can lead to sanctions. Platforms may remove content or demonetise channels. Brands may avoid working with you.

The ASA can also refer cases to other regulators, such as the Competition and Markets Authority. The CMA has its own powers on influencer endorsements.

For streamers, the reputational damage can be significant. A public ruling can affect your standing with sponsors and your audience.

The ASA's rulings page shows that it names both brands and influencers. It does not shy away from small creators.

The best way to avoid sanctions is to comply. Label your ads clearly and keep records of your deals.

If you receive a complaint, the ASA will investigate. You will have a chance to respond. If the ASA rules against you, you must comply or face further action.

Using Copy Advice before publishing a brand deal

The ASA's Copy Advice service offers free, confidential advice on whether your content complies with the CAP Code. It is available to advertisers, agencies and influencers.

You can use Copy Advice before you publish a brand deal. It helps you avoid problems and shows that you take compliance seriously.

To use Copy Advice, submit your content and a description of the deal. The service will tell you if your labelling is sufficient or if you need to make changes.

Copy Advice is not a pre-approval service. It does not guarantee that the ASA will not rule against you. But it is a strong indicator of compliance.

Many brands expect creators to have used Copy Advice. It can be a selling point when negotiating deals.

The service is particularly useful for new formats, such as live streams or interactive content. The ASA can advise on how to label these.

Before you sign a brand deal, read before signing a brand deal to understand the contract terms. This includes any requirements for ad labelling.

Using Copy Advice is a simple step that can save you from a ruling. It is free and confidential.

Common questions