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Editorial vs promotional separation

Editorialverified 2026-08

Editorial content is independent information or opinion; promotional content is paid-for advertising or content carrying a commercial incentive. Advertising rules require that ads be obviously identifiable as ads so consumers are not misled into treating marketing as neutral editorial. For review and comparison sites, an affiliate commission or any material commercial link turns 'editorial' into advertising that must be disclosed.

Key points
01

CAP Code rule 2.1 requires marketing communications to be 'obviously identifiable as such'; rule 2.4 requires the commercial intent to be clear if not otherwise obvious.

02

Affiliate marketing (earning commission via links or codes) is treated as advertising and must be labelled; undisclosed commercial relationships breach the CAP Code and consumer-protection law.

03

The ASA's own research found consumers struggle to distinguish influencer/affiliate content from genuine editorial, which is why disclosure sits with the publisher, not the reader.

04

Beyond advertising rules, undisclosed paid content can breach the Digital Markets, Competition and Consumers Act / consumer-protection law on hidden advertising and fake reviews.

05

A genuinely non-promotional knowledge portal avoids these obligations at source by carrying no paid placements or affiliate deals, and by presenting information at reference level rather than steering users to operators.

06

The separation protects both regulatory standing and reader trust: hidden promotion is a reputational and legal risk; transparent independence is a defensible editorial stance.

In practice

Gambling review and comparison sites are frequently affiliates of the operators they cover, so their 'editorial' rankings can be paid placements that must be disclosed. Operators remain responsible for affiliate content under the LCCP, while the site itself must comply with ASA/CAP identifiability rules; a portal that takes no operator money and runs no affiliate links stays outside promotional obligations and can present material neutrally.

Key facts
Core ruleCAP Code 2.1 — marketing must be 'obviously identifiable' as advertisingPlus 2.4 on making commercial intent clear
What triggers 'ad' statusPayment, gifts, free products/services, or affiliate commission — even without brand editorial controlASA/CMA
Affiliate/review sitesCommission-earning rankings and 'best of' lists count as advertising and must be disclosed
Backstop lawUndisclosed paid content / fake reviews addressed under UK consumer-protection law (DMCC Act 2024)Enforced by CMA/Trading Standards
Non-promotional portalNo paid placements or affiliate links means no ad-disclosure obligation; content stays reference-leveliGamer's stated stance, described at reference level

Reference, not advice. A teaching summary of the advertising rules — confirm current requirements with the regulator and the relevant ad platform.