In advertising and marketing law, the concept of “marketing communications” is broader and more complex than the everyday idea of “marketing.”
While “advertising” focuses on promotional messages, marketing communications encompass the entire ecosystem of commercial messages, strategies, and interactions that a business uses to influence consumer behaviour.
Across the EU, UK (CAP Code & CPRs), US (FTC principles), and international standards (ICC Code), the term is consistently interpreted in a broad, technology-neutral, and platform-neutral way.
Its purpose is to regulate every form of communication designed—directly or indirectly—to promote a product, service, brand, or commercial objective.
This post explains the legal meaning, scope, requirements, and practical implications of marketing communications.
2.1 Core Legal Definition
A marketing communication is legally defined as:
Any message, action, or representation communicated by a trader or on behalf of a trader that is intended—or reasonably expected—to promote a product, service, digital content, brand identity, or commercial interest.
Key elements:
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any message → text, visuals, audio, behaviour, pricing, design
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on behalf of a trader → includes employees, influencers, affiliates
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intended or expected → objective test, not subjective intention
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promotion → direct or indirect influence on consumer behaviour
This definition appears throughout:
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ICC Marketing & Advertising Code
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UK CAP Code / BCAP Code
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EU Consumer Protection law (UCPD)
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OECD guidelines
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US FTC’s “commercial speech” doctrine
2.2 Why It Is Broader Than “Advertising”
Advertising = promotional message.
Marketing communications = every commercial interface with the consumer.
They include not only ads, but also:
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pricing strategies
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product placement
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packaging
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sponsorships
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influencer content
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brand storytelling
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website UX that nudges consumer behaviour
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loyalty programmes
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sales promotions
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email newsletters
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digital targeting strategies
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behavioural design (e.g., default settings, countdown timers)
In law, if something is used to influence a consumer commercially, it is a marketing communication.
2.3 Categories Included in Marketing Communications
2.3.1 Paid Media
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advertisements
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sponsored posts
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influencer partnerships
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paid search / PPC
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native ads
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endorsement deals
2.3.2 Owned Media
2.3.3 Earned Media (If Influenced)
Earned media becomes a marketing communication when the business influences or incentivises it, such as:
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gifted products
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affiliate commissions
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brand ambassador programmes
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“free trip in exchange for content”
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online reviews encouraged by rewards
If the brand has any influence → the content becomes a marketing communication and must comply with law.
2.4 Key Legal Requirements
Marketing communications trigger several legal obligations.
These rules exist to protect consumers, ensure transparency, and promote fair competition.
2.4.1 Transparency and Disclosure
All marketing communications must clearly disclose:
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sponsorship
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affiliate relationships
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paid partnerships
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commercial intent
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promotional nature
Regulators insist that disclosures must be:
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clear
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obvious
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timely
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unambiguous
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not hidden in hashtags
For example:
“#ad”, “Advert”, “Paid partnership with…” must appear where consumers can see them immediately.
2.4.2 Truthfulness and Non-Misleading Content
Marketing communications must not contain:
The law evaluates whether the average consumer would be misled—not whether the business intended to deceive.
2.4.3 Substantiation of Claims
All claims must be supported by evidence:
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performance claims (e.g., “faster”, “stronger”)
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environmental “green” claims
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health or wellness claims
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price promotions (“70% off”)
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superiority claims (“best on the market”)
If a business cannot verify the claim → it is unlawful.
2.4.4 Fairness & Professional Diligence
Marketing communications must respect principles of:
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fair competition
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respect for competitors
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non-exploitation of vulnerable consumers
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non-aggressive commercial practices
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honest presentation of products
This includes avoiding subliminal or manipulative techniques.
2.4.5 Identification of the Advertiser
Consumers must always be able to identify:
Anonymity or confusion around the advertiser is not allowed.
2.5 What Is Not a Marketing Communication?
Although the definition is very broad, certain things fall outside:
2.5.1 Pure Editorial Content
Journalistic articles, independent reviews, or media coverage without commercial influence are not marketing communications.
However, once payment or influence enters → it is.
2.5.2 User-Generated Content Without Influence
If a consumer voluntarily posts a review or TikTok video without any incentives, it is not a marketing communication.
2.5.3 Mandatory Legal Information
Compliance statements required by law (nutrition labels, financial disclaimers, pharmaceutical warnings) are not promotional.
2.5.4 Internal Business Communications
Non-consumer-facing emails, internal memos, or corporate documents are not marketing communications.
2.6 The Digital Expansion of the Definition
With digital platforms, the scope of marketing communications expanded dramatically.
Legally, these are considered marketing communications:
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algorithmically targeted ads
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personalised recommendations
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behavioural nudges (e.g., “only 2 rooms left”)
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auto-applied coupon pop-ups
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in-app push notifications
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chatbot-generated sales messages
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influencer stories disappearing after 24 hours
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TikTok “sound trends” sponsored by brands
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AI-generated promotional text
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dark patterns designed to influence purchasing
The law now focuses on effect, not medium.
If it influences decisions → it's regulated.
2.7 Real-World Legal Examples
To make it MAACAT-style, here are realistic scenarios:
Example 1: Influencer Story
An influencer posts a story saying:
“My favourite skin serum of all time! Not an ad.”
But the brand gifted it.
→ Legally a marketing communication.
→ Must disclose sponsorship.
Example 2: Brand Podcast
A tech company produces a podcast discussing “innovation,” but frequently highlights its own products.
→ Marketing communication (brand storytelling).
→ Must be honest, transparent, and non-misleading.
Example 3: Website UX Design
A website shows a countdown clock that resets every hour.
→ Marketing communication.
→ Could be misleading and violate consumer law.
Example 4: CSR/ESG Claims
A beverage company states:
“We are the most sustainable drinks brand in Italy.”
→ Marketing communication.
→ Must be substantiated with evidence.
Example 5: Employee Statements
A CEO says on TV:
“Our bank is the safest in the region.”
→ Marketing communication.
→ Must be proven; otherwise misleading.
2.8 The Purpose of the Legal Definition
The definition of marketing communications exists to ensure:
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consumer trust
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transparency in commercial intent
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fair competition among businesses
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accountability in digital advertising
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protection from manipulation
It ensures that businesses communicate honestly and responsibly in every consumer-facing context—not just in traditional ads.
2.9 Summary
Marketing communications legally include:
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any commercial message
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any channel (online, offline, AI, influencers)
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any actor acting for a business
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any format created to influence consumer behaviour
They must be:
They exclude:
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genuine editorial content
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personal consumer opinions
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mandatory legal disclosures
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uninfluenced user-generated content
In modern digital markets, marketing communications form the legal backbone of consumer protection, ensuring that businesses communicate responsibly and consumers make informed decisions.
