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YouTuber, musician and boxer KSI – real name Olajide "JJ" Olatunji – has had an Instagram advert with JD Sports banned by the Advertising Standards Authority (ASA), after the watchdog found the ad was not “obviously identifiable” as a marketing communication. Back in November last year, KSI posted a Reel to his Instagram account in which he could be seen with friends playing games in an arcade, with other featured celebrities in the video including Tobi “TBJZL” Brown, Amin “Chunkz” Mohamed and Anthony Joshua. After Brown approaches JJ asking him “what you got” in terms of footwear, KSI laughs before pointing to a pair of trainers which the video then zooms in on. The social media video, part of the “King of the Game” promotional campaign for Christmas last year, was a shortened version of longer promotional video on JD Sports’ official YouTube channel, which KSI directed his followers to watch in the post’s caption. However, the ASA later launched an investigation after a single complaint was made to them questioning if the post was “obviously identifiable” as an advert. Under the advertising code drawn up by the Committee of Advertising Practice – and enforced by the ASA – marketing communications (including on social media) must be “obviously identifiable as such”. Sign up to our free Indy100 weekly newsletter ASA guidance for online influencers states social media ads should include a “prominent label” such as #Ad, #Advert or #Advertisement “at the beginning” of the post “as an absolute minimum”. While the ASA’s ruling noted KSI amended the caption to include the ‘#ad’ label once learning of the complaint, it went on to add the advert was in breach because “the commercial intent behind the post was not made clear upfront and the ad was not obviously identifiable as such”. The regulator also said: “The post’s caption featured some elements that some consumers might have interpreted as signalling a commercial relationship between JD Sports and Mr Olatunji, including the reference to the ‘JD Arcade’, the ‘@JDSportsOfficial’ tag, and the instruction to view the ‘full version’ of the featured video on JD Sports’ YouTube channel. JD SPORTS CHRISTMAS AD 2022 | KING OF THE GAME www.youtube.com “However, in each case, the language used exclusively focused on the JD Sports brand itself, rather than its relation to Mr Olatunji. “We therefore considered those elements did not amount to a clear statement of the commercial relationship between Mr Olatunji and JD Sports, which would be immediately understandable to consumers.” When approached by the ASA as part of its investigation, JD Sports said it understood that labels such as ‘#ad’ were only required if content was not “already identifiable as such”. “They believed that various aspects of the ad made clear that it was a marketing communication … [They] believed the video’s high production value and elaborate set dressing were suggestive of a professional ad agency’s involvement. “The ad featured over 28 celebrities, including England international footballers and famous rappers. They believed that viewers would recognise as highly likely that such a varied group of high-profile individuals had been assembled as part of an advertising campaign.” JD Sports also said the video had appeared in other media prior to it appearing on KSI’s Instagram account, meaning “many viewers would instantly recognise the Instagram post as a marketing communication”. Meanwhile, the ruling continued to say KSI believed at the time that “references to JD Sports in the post’s caption, and the brand’s logo featured in the video’s closing shot, made clear to consumers that the video was an excerpt from a TV ad for JD in which he had featured.” The label of ‘#ad’ was later added by KSI to “mitigate any risk of consumers being misled”. However, the ASA concluded the advert was in breach, meaning it “must not appear again in the form complained of”. It is still available on KSI’s Instagram account at the time of writing. Have your say in our news democracy. Click the upvote icon at the top of the page to help raise this article through the indy100 rankings.

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Consumer cryptocurrency trading should be regulated as gambling, the treasury committee has urged. In a new report, the committee called for consumer trading in unbacked crypto assets to be treated in regulation as gambling. The cross-party committee of MPs said cryptocurrencies such as Bitcoin are being used by criminals in scams and money laundering. Unbacked crypto assets – often called cryptocurrencies – are not supported by underlying assets, the committee added. They pose significant risks to consumers, given their price volatility and the risk of losses, according to the MPs, who said retail trading in unbacked crypto more closely resembles gambling than a financial service and should be regulated as such. The report said: “We strongly recommend that the government regulates retail trading and investment activity in unbacked crypto assets as gambling rather than as a financial service, consistent with its stated principle of ‘same risk, same regulatory outcome’.” The committee pointed to HM Revenue and Customs (HMRC) figures indicating that around 10 per cent of UK adults hold or have held crypto assets. The MPs also said potential productive innovation in financial services should not be unduly constrained. They said technologies underlying crypto assets may bring some benefits to financial services, particularly for cross-border transactions and payments in less developed countries. A balanced approach should be taken to supporting the development of crypto asset technologies, while avoiding spending public resources on projects without a clear, beneficial use, the MPs said. Harriett Baldwin, chair of the treasury committee, said: “The events of 2022 have highlighted the risks posed to consumers by the crypto asset industry, large parts of which remain a wild west. “Effective regulation is clearly needed to protect consumers from harm, as well as to support productive innovation in the UK’s financial services industry. “However, with no intrinsic value, huge price volatility and no discernible social good, consumer trading of cryptocurrencies like Bitcoin more closely resembles gambling than a financial service, and should be regulated as such. “By betting on these unbacked ‘tokens’, consumers should be aware that all their money could be lost.” The committee is considering central bank digital currencies as a separate piece of work. A treasury spokesperson said: “Risks posed by crypto are typical of those that exist in traditional financial services and it’s financial services regulation – rather than gambling regulation – that has the track record in mitigating them. “Crypto offers opportunities but we are taking an agile approach to robustly regulating the market, addressing the most pressing risks first in a way that promotes innovation.” Read More Crypto rules get final approval to make Europe a global leader on regulation Is my money safe? What you need to know about bank failures Nearly 80% of APP scam cases start online, says UK Finance Charity boss speaks out over ‘traumatic’ encounter with royal aide Ukraine war’s heaviest fight rages in east - follow live

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