Protecting consumers and ensuring compliance with advertising laws are top priorities for financial regulators, especially in the rapidly growing cryptocurrency space. The United Kingdom's Financial Conduct Authority (FCA) recently released proposed guidance that may have a significant impact on crypto firms and influencers operating within its jurisdiction.
The FCA's proposed guidance specifically targets promotional memes and financial influencers, commonly referred to as "finfluencers," who promote financial products on social media. The regulator highlighted the prevalence of promotional memes from crypto firms that many people may not realize are subject to its promotional rules.
While crypto-related promotional memes are particularly widespread, the FCA emphasized that any form of communication could be considered a financial promotion. Since crypto investments are considered high-risk, the FCA allows their advertisement to retail investors but with certain requirements. These include the inclusion of risk warnings and a prohibition on investment incentives.
In the last quarter of 2022, the FCA observed that 69% of financial promotions on websites or social media from authorized firms were either modified or withdrawn following the regulator's intervention. To provide clearer expectations for marketers regarding promotions, the FCA initiated this consultation to update its existing 2015 guidance.
One major concern expressed by the FCA is the increasing number of finance-oriented influencers promoting financial products without adequate knowledge, particularly when targeting younger audiences. The regulator warned influencers that promoting financial products without sufficient expertise could result in serious legal consequences, including imprisonment for up to two years, an unlimited fine, or both.
Notably, these laws apply not only to promotions originating outside the UK but also to those that may have an impact within the country. To reinforce its stance, the FCA referred to a report indicating that over 60% of individuals aged 18 to 29 follow social media influencers, and three-quarters of them trust their advice.
Additionally, a 2021 FCA survey revealed that 58% of respondents under 40 cited social media hype and news as reasons for investing in cryptocurrencies, which the regulator views as a high-risk product.
In summary, the FCA's proposed guidance aims to ensure compliance with advertising laws by requiring disclaimers on crypto-related memes and warning financial influencers about the potential legal consequences of promoting financial products without adequate knowledge. The ultimate goal is to protect consumers, especially younger individuals who may be influenced by social media endorsements. As the cryptocurrency space continues to evolve, regulatory authorities are taking proactive steps to safeguard investors and maintain market integrity.