Twitch: Partnerships, Product Placements and Collaborations in 2022
Twitch is an Amazon-owned platform that became well known for gaming livestreams. Today, Twitch has broadened its horizons and includes much wider profiles, seeing record numbers throughout 2020. Recently Influence4You published an article on how to monetize your Twitch channel. Now we want to help you comply with the law when partnering or collaborating on the platform.
When should product placements be disclosed?
The rule is the same for all social networks. When influencers create content for remuneration such as payment, invitations or gifts, it is essential to disclose the collaboration clearly.
If there is no obligation to create content with a brand, the brand has no control over your publication and you are completely free to create the content, then you’re not required to disclose anything. This is the case, for example, in press relations, when a brand sends you information about a new product or project and you alone decide to talk about it because you like it. In this case, you can mention the fact that you received the product for free, if you want to be perfectly honest with your community, but you are not obliged to do so.
Be careful though, as in certain specific sectors there are legal regulations governing the disclosure of the products themselves, particularly in health, financial products, gambling and cars. In France, the Loi Évin in particular, is particularly strict on cigarettes and alcohol.
In the UK, the ASA (Advertising Standards Authority) can help you understand all the rules. You can also read our article Brand and Influencer Partnerships: All You Need to Know About Regulation in Spain, Germany, Italy, France, Belgium, UK to find out more about the regulation in Europe.
What does the law say?
Consumer protection legislation makes ‘unfair commercial practices’, including using ‘editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial)’ against the law.
In the US, The Federal Trade Commission (FTC) states in their guidelines, “If you endorse a product through social media, your endorsement message should make it obvious when you have a relationship (“material connection”) with the brand”. They add: “A “material connection” to the brand includes a personal, family, or employment relationship or a financial relationship – such as the brand paying you or giving you free or discounted products or services.”
Regulations in France are very similar as Article L121.1 of the Consumer Code is rather clear as it says, among other things, that the fact of “using editorial content in the media, financed by the professional themselves, to promote a product or a service, without clearly indicating it in the content or using images or sounds clearly identifiable by the consumer” is a misleading commercial practice. You can find here a in-depth article to learn more about deceptive marketing practices.
In the UK, the ASA can apply a range of sanctions to brands and influencers including the removal of paid-for search ads and withdrawal of trading privileges. In France, failing to disclose a collaboration can be punishable by up to two years’ imprisonment and a fine of up to 300,000 euros and may also seriously tarnish your image.
Your followers like you for your content. You lose all credibility with your audience if you don’t clearly disclose a collaboration.
How to disclose a partnership on Twitch?
For sponsored collaborations, disclosure must be explicit and immediate.
Since Twitch is a video streaming platform, your best bet is to tell people at the beginning of your stream that the content is sponsored by a brand and name the brand. That way you don’t mislead the viewer.
To make sure you are perfectly clear with your audience and the authorities, you can also include hashtags like #Ad or #Sponsored. Depending on your country, note that English hashtags or abbreviations are not always allowed.
If you need a country by country summary on how to comply with all the rules, you can read our article Brand and Influencer Partnerships: All You Need to Know About Regulation in Spain, Germany, Italy, France, Belgium, UK.
What if you failed to follow these rules in the past?
It is never too late. The important thing is to show willingness and to not repeat your past mistakes.
Make sure to respect the regulation in all your next posts!
Are you a brand looking to carry out an effective product placement with one or more TikTokers? Don’t hesitate to get in touch to set up your next influencer marketing campaign.