Brian O’Driscoll served with compliance notice over ‘misleading’ Instagram post
The former Ireland rugby international was reprimanded over a social media post that was found to have breached consumer law.
Former Ireland rugby captain Brian O’Driscoll has been served with a compliance notice by the consumer watchdog over a “misleading” social media post that failed to disclose its commercial nature.
O’Driscoll, who has more than 370,000 followers on Instagram, was named in the annual Competition and Consumer Protection Commission (CCPC) report for breaching consumer law.
Social media influencer and fitness coach Caroline O’Mahony was also served with a compliance notice for breaching consumer law.
O’Driscoll was found to have engaged in a misleading commercial practice following an inspection of his Instagram account in April last year.
It was discovered he had failed to use the appropriate labels to disclose the commercial nature of the content published which related to the Zerofit Europe clothing range.
The CCPC served a compliance notice on the rugby star and directed him to make clear when a promotion is paid for, whether in the content itself or in any oral, written, visual or descriptive representation.
In a letter sent by the CCPC, O’Driscoll was warned that his social media channels would be subject to further inspection.
It is the first time influencers have been served with compliance notices for failing to use the correct labels to disclose the commercial nature of their online content.
In October 2023 the CCPC, alongside the Advertising Standards Authority, published guidance on influencer advertising and marketing.
In April 2024, the CCPC wrote to 26 influencers in Ireland across a range of sectors and reminded them of their obligations under consumer protection law in relation to how content should be labelled.
O’Mahony, who has 822,000 followers on Instagram, was also found to have engaged in “a misleading commercial practice”.
The CCPC said she failed to use the appropriate labels to disclose the commercial nature of content published, which related to Caroline O’Mahony Coaching.
CCPC chairman Brian McHugh said: “We have several investigations ongoing in relation to influencers and we expect further outcomes this year.
“Influencer marketing on social media can significantly shape consumers’ opinions and purchasing behaviours so it’s important that when a consumer sees commercial content on social media, they can instantly recognise it for what it is.
“Our research shows that almost a quarter of consumers who purchased a product as a result of an influencer promoting it subsequently felt misled.
“We will continue to conduct regular unannounced inspections and would remind influencers that they need to follow the law or potentially face legal consequences.”
