An Instagram post from socialise Nadia Fairfax, in which she and two friends are holding a Samsung Galaxy Flip phone , has been found to have breached the Australian Association of National Advertisers distinguishable advertising rules, Samsung disagrees with the ruling.

Ad Standards received complaints that the June 2 post, which tagged in Samsung, and included the hashtags #WorkingWithSaumsuing #GalaxyZFlip #NadiaTakesSamsung, wasn’t clearly advertising. The post has since been updated with a further hastag: #BrandedContent.

Samsung admitted that Fairfax has been a Samsung influencer for seven years, but that particular post was “not part of the deliverables” and therefore wasn’t a breach.

“Samsung’s position is that the Post is not advertising. However, if the Post is deemed to be advertising, Samsung submits that it is appropriately distinguishable as advertising,” Samsung said.

It asked the ruling be dismissed as “Samsung did not have reasonable control over it, but that, in any event, the Post was clearly identifiable as being commercial in nature.”

Ad Standards found that there was clear motivation for the post, and therefore it doesn’t fall under ‘organic content.’

Samsung is now requesting an independent review.

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