If a brand gave a creator money, a free product or anything else of value, the audience has to be able to tell. In Canada that is not a courtesy, it is the expected standard and the enforcement has been getting firmer.

The test is whether an ordinary viewer would know

Disclosure has to be clear, prominent and understandable at the moment the audience sees the content. A viewer who watches thirty seconds and never realises the video was paid has not been given a disclosure, no matter what a caption said.

Buried disclosure does not count

Hidden behind a more link, at the end of a long caption, in a wall of hashtags, in a colour that blends into the background, or only in the video description that nobody opens. All of those fail the same test for the same reason.

Free product counts as payment

A creator who received the item at no cost has a material connection to disclose, even if no money changed hands. The same applies to discounts, affiliate commission, travel, entry to an event or an ongoing relationship with the brand.

The brand is expected to instruct

A brand that says nothing about disclosure is not shielded by the creator's silence. Put the disclosure requirement in the brief, in plain terms, and check it is present before the video runs.

Doing it properly costs nothing

A creator saying the word paid or partnership in the first seconds does not reduce performance in any meaningful way, and audiences increasingly assume it anyway. The version that damages trust is the one that gets caught. This is general information and not legal advice.

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Frequently asked questions

What is the test?

Whether an ordinary viewer would know.

Does a caption hashtag count?

Not if it is buried or easy to miss.

Is free product payment?

Yes, it is a material connection.

Who must instruct disclosure?

The brand, in the brief.