Rules and ethics
Part of Before you publish images, know the UK rules that apply to product photography
What a product photography disclosure policy means for England sellers
A product photography disclosure policy sets out when a paid or altered image needs a label, covering ASA rules, PECR consent and WCAG duties in England.
What to take away
- The ASA now counts some organic posts as ads when the brand controls the content, so an unwritten habit no longer protects a team.
- The policy makes three decisions: what counts as an ad, when an image is materially altered, and who approves each visual.
- PECR consent sits alongside ASA rules when you email or retarget shoppers with product imagery.
- WCAG 2.2 is a published benchmark, so alt text and contrast belong in the same document.
Why a written policy beats an informal habit
The Advertising Standards Authority now treats some organic posts as ads when the brand controls the content and the post promotes a product. A studio brief cannot stop at lighting and angles. It must say whether the image is advertising, and how the disclosure appears.
The ASA sanctions page sets out what follows a breach, including adverse publicity and referral to other regulators. For a small brand the reputational cost outstrips any fine, so a policy naming one approver per image is cheaper than a ruling.
The three decisions your policy has to make
First, define an ad. A product image on your own site is usually not an ad in the ASA sense, but a gifted item shown on a creator channel often is. Write the test your team applies.
Second, decide what counts as a material alteration. Brightness and dust removal are routine. Slimming a model, adding a feature the product lacks, or shifting a colour beyond correction are not. Say who approves each category.
Third, set the disclosure format. A label must be obvious before a viewer engages, not buried in a caption thread.
The UK rules and compliance guide collects the wider duties that apply to ecommerce teams.
Where PECR consent enters the picture
Disclosure and consent are separate duties. If you email shoppers with lifestyle imagery, or retarget them with product visuals, the Privacy and Electronic Communications Regulations apply. The ICO's guide to PECR explains the consent standard for electronic marketing.
One shoot can produce a site image, an email banner and a paid social variant. Say which of those need a consent check.
Accessibility duties sit in the same document
Alt text, contrast and text size are part of publishing a product image, not an afterthought. The W3C's WCAG 2 overview summarises the requirements at a level a studio and a marketing team can both read.
Put the alt text rule in the same policy as the disclosure rule.
Compare the duties at a glance
| Duty | Source | Who it covers | What the policy must say |
|---|---|---|---|
| Ad identification | ASA CAP Code | England, Scotland, Wales, Northern Ireland | When an image is an ad and how it is labelled |
| Marketing consent | PECR, ICO guidance | UK | Which visual campaigns need prior consent |
| Accessibility | WCAG 2.2 | UK services, with public sector duties in England | Alt text, contrast and text size |
| Contract terms | Your own agreements | Your business and suppliers | Who owns the image and who approves changes |
For example, a team paying £400 a month for a retouching retainer should know whether the retoucher may alter a model's shape, and who signs that off.
How to draft and review the policy
Start with one page. List the three decisions, then add an approvals table naming roles, not people. Keep the language plain enough for a freelance photographer to follow.
Review it every twelve months, and sooner if the ASA publishes a ruling that touches your category. Log each review with a date and an owner.
Supplier contracts need to match it. The guide to product photography commercial contracts shows which clauses carry the approval and alteration terms.
This article is general guidance only, and individual cases turn on their facts, so take advice from a qualified adviser.
Common questions
Does a product image on my own website need a disclosure label?
Usually not, because it is not an ad under the CAP Code. It must still represent the product accurately, and any material alteration should be disclosed if a shopper could be misled.
Who carries the risk if a creator breaks the policy?
The brand usually does. Name who checks creator content before it goes live, and what happens when a post is pulled.
Can one policy cover both ASA and PECR duties?
It can sit in one document, but the tests differ. Ad identification turns on control and payment; PECR turns on consent. Keep the sections apart.
How often should the policy be reviewed?
Annually is a sensible baseline. Review sooner after an ASA ruling in your sector, and record the date and the reviewer each time.
