From July 1, 2022, a requirement was introduced that retouched advertisements in still images and video must be marked. This is an important change that affects advertisers, influencers, and those who create advertisements. This blog post will explain what these new rules entail and what you need to do to comply with them, emphasizing that it introduces Norwegian law.
What types of changes must be marked?
It is important to note that even a low degree of retouching requires marking. However, there is no requirement for marking when post-processing images that do not result in changes to the body's shape and size, but only affect the skin, unless the change induces body pressure.
What type of advertising must be marked?
The marking requirement applies to both still images and moving images. This includes advertisements in newspapers, leaflets, magazines, images on social media, commercials, films on social media, and so on. Both "ephemeral videos," such as on Instagram or Snapchat stories, and permanent posts are included.
How should it be marked?
The mark must be easily recognizable to the public and appear in contrast to the rest of the image. It is stipulated in regulations to the Marketing Control Act how the mark should look. The mark should cover 7% of the image area and, as a general rule, be placed in the top left corner.
Who should mark the advertisement?
The marking obligation applies to both the advertiser and the one who creates the advertisement. This includes advertising agencies, advertisers, and influencers who advertise goods and services in exchange for some form of compensation.
Enforcement and supervision
The Consumer Authority supervises compliance with the rules. Violations of the rules can lead to decisions on prohibition or injunctions from the Consumer Authority, and may also be sanctioned with fines. Both the advertiser, influencers, and those who create the advertisement risk sanctions, and under certain circumstances, editors and other intermediaries can also be held responsible for contributing to violations of the law.
Conclusion
The requirement for marking retouched advertisements is an important change that everyone working with advertising must be aware of. It is crucial to understand what these new rules entail and what you need to do to comply with them. If you have questions about these new rules, or if you need help complying with them, you are welcome to contact us. We are here to help you navigate this new landscape.
