Disclosure Assessment

---
name: disclosure-assessment
description: "Produces a disclosure requirements brief for a specific piece of content, identifying what must be disclosed, under which regulatory framework, and in what format — covering FTC, ASA, UCPD, and platform-specific rules across all common media formats."
status: stable
category: pr-communications
subcategory: content
version: 1.0
eval_score: 4.90
tags: [pr, content, disclosure, ftc, asa, sponsored-content, ethics, compliance]
---
# Disclosure Assessment

## What This Skill Does
Produces a disclosure requirements brief for a specific piece of content, identifying what must be disclosed, under which regulatory framework, and in what format — covering FTC, ASA, UCPD, and platform-specific rules across all common media formats.

## When To Use This Skill
- You are producing sponsored content, an advertorial, or a paid partnership piece and need to know what disclosure is legally required
- You are placing an op-ed or article on behalf of a client and want to check whether the commercial relationship triggers disclosure obligations
- You are working across multiple platforms or jurisdictions and need to understand which rules apply where
- You want format-specific disclosure templates (print, video, audio, social, newsletter) rather than general principles

## What You Need To Provide
**Required:** The content type (op-ed, sponsored article, podcast ad read, YouTube integration, social media post, newsletter, advertorial, event sponsorship); the relationship (who paid whom and what for — direct payment, gifted product, affiliate, equity, retainer, in-kind); the platform (where it will be published); the jurisdictions (where the audience, publisher, and sponsor are based).

**Optional:** Whether the content is a one-off or part of an ongoing partnership; whether the writer or creator has existing disclosure practices; whether the content makes specific product claims (triggers additional FTC requirements); whether the sponsor is in a regulated industry (pharmaceuticals, finance, alcohol).

## How the Assistant Approaches This
1. **Identifies applicable regulatory frameworks.** Maps every framework that applies to the specific combination of content type, relationship, platform, and jurisdictions — FTC Endorsement Guides, ASA/CAP Code, EU UCPD national implementations, and platform-specific rules. Flags all that apply, not just one.

2. **Specifies disclosure requirements.** For this exact combination, states what must be disclosed, where it must appear, what language to use, and what is not sufficient. Practical and specific, not general principles.

3. **Provides format-specific templates.** Concrete disclosure wording and placement for the relevant format — print, YouTube, podcast, social media, newsletter, or website.

4. **Addresses ghostwriting disclosure.** Assesses whether the content involves ghostwriting that creates additional disclosure obligations. Distinguishes legitimate speechwriting from undisclosed paid placement.

5. **States consequences of non-disclosure.** Factual summary of regulatory, platform, and reputational consequences — without scaremongering.

## Output Format
Structured disclosure brief, 600–900 words. Five numbered sections: Regulatory Framework Identification, Disclosure Requirements, Format-Specific Guidance, Ghostwriting Disclosure, Consequences of Non-Disclosure. Professional register — written for a PR professional, content creator, or journalist. Specific to the content described, not a general compliance guide.

## Quality Criteria
- [ ] Identifies multiple applicable regulatory frameworks (not just FTC or just ASA) where jurisdictions overlap
- [ ] Provides format-specific disclosure templates with concrete wording, not just general principles
- [ ] Addresses the ghostwriting disclosure question specifically — either assessing the risk or explaining why it does not apply
- [ ] Distinguishes genuine opinion writing from paid placement when relevant
- [ ] States consequences factually without scaremongering
- [ ] Directs users to current regulatory sources rather than providing static legal citations
- [ ] Specifies where disclosure must appear (position and prominence), not just what it must say

## Example

### Input

A wellness brand has paid a lifestyle newsletter writer a flat fee to include a 300-word section about their supplement range in the weekly edition. The newsletter is published on Substack and distributed to subscribers in the US and UK. The writer does not typically disclose commercial partnerships.

**Content type:** Newsletter (sponsored section within a regular edition)
**Relationship:** Direct payment — flat fee per edition
**Platform:** Substack newsletter
**Jurisdictions:** Writer based in US. Audience in US and UK. Sponsor based in US.

### Output

**DISCLOSURE ASSESSMENT**

---

**1. Regulatory Framework Identification**

Two primary frameworks apply.

The **FTC Endorsement Guides (2023)** govern this content because the writer is based in the US, the sponsor is a US company, and US subscribers will receive the newsletter. The writer has a material connection to the wellness brand (direct payment), and any claims or endorsements about the supplement range must carry clear and conspicuous disclosure of that connection.

The **ASA/CAP Code** applies because UK subscribers receive the newsletter. Under the CAP Code, advertising content must be obviously identifiable as such. A paid product recommendation in an editorial newsletter constitutes advertising that requires labelling.

Substack has no platform-level disclosure enforcement mechanism — no branded content tool or paid promotion checkbox. This places the full burden of compliance on the writer. The absence of a platform tool does not reduce the regulatory obligation.

No EU-specific framework applies unless the subscriber list includes EU-based readers in meaningful numbers. If it does, the UCPD's prohibition on misleading omissions would also apply.

---

**2. Disclosure Requirements**

The writer must disclose the paid relationship with the wellness brand before the sponsored section begins. The disclosure must name the brand and the nature of the relationship.

Acceptable wording: "[Sponsored] The following section is a paid partnership with Verdana Wellness" or "[Ad] Verdana Wellness is a paid partner of this newsletter."

The disclosure must appear immediately before the 300-word section, visually separated from surrounding editorial content. It must not be placed at the bottom of the edition or in a footer. It must not be disguised as editorial voice ("I've been loving this brand lately" without context is not disclosure).

Because the newsletter is text-based and read linearly, placement directly above the sponsored content is sufficient. No subject-line disclosure is required because the edition is not fully sponsored — only one section is paid.

If the sponsorship recurs weekly, the writer should consider a standing disclosure policy visible to subscribers (e.g. a brief note in the newsletter's "about" section explaining that some content is sponsored and will always be labelled).

---

**3. Format-Specific Guidance**

For a newsletter with a sponsored section embedded in editorial content:

- Place "[Ad]" or "[Sponsored]" as a label immediately before the sponsored section, in a visually distinct format (bold, different background colour, or separated by a horizontal rule).
- Follow the label with the sponsor name: "[Sponsored by Verdana Wellness]."
- The sponsored section should be visually distinguishable from editorial portions of the newsletter.
- Do not mimic editorial voice without disclosure. If the writer uses first-person recommendations ("I take these daily"), the disclosure must be even more prominent because the endorsement feels personal.
- If the email subject line references the supplement content as if it were editorial, add "[Includes sponsored content]" to the subject line.

---

**4. Ghostwriting Disclosure**

This is not a ghostwriting case. The writer is publishing under their own name, in their own newsletter, about a product they have been paid to feature. The disclosure obligation is sponsorship disclosure, not ghostwriting disclosure.

For reference: ghostwriting becomes relevant when someone other than the bylined author substantially drafts the content and the commercial relationship behind that drafting goes undisclosed. Here, the writer is both the author and the endorser, and the obligation is straightforward — disclose the payment.

If the wellness brand's PR agency were to draft the 300-word section and the writer published it as their own words without disclosing that arrangement, that would introduce a ghostwriting dimension. Readers would reasonably expect the words to reflect the writer's own experience, and the undisclosed agency involvement would be an additional material fact.

---

**5. Consequences of Non-Disclosure**

If the writer publishes the sponsored section without disclosure:

**FTC:** The writer and the wellness brand are both potentially liable. The FTC has issued warning letters to individual creators for undisclosed sponsorships in newsletters and social media. Penalties for repeated violations can reach $50,120 per violation (2023 figure). More commonly, the FTC seeks compliance through warning letters and consent decrees before pursuing financial penalties.

**ASA:** A complaint from a UK subscriber could trigger a formal investigation. If the ASA rules that the content was an undisclosed advertisement, the ruling is published on the ASA website. Repeated non-compliance can lead to referral to Trading Standards.

**Platform:** Substack has no enforcement mechanism, so no platform-level consequence applies.

**Reputational:** Newsletter audiences subscribe based on trust in the writer's editorial judgment. A revelation that product recommendations were paid and undisclosed can trigger unsubscribes, public criticism, and lasting credibility damage. For a writer who has not previously disclosed commercial partnerships, adding clear disclosure now is both a regulatory requirement and a trust-building measure.

## Known Limitations
- **Not legal advice.** This skill maps the regulatory landscape. It does not guarantee compliance. For content involving significant financial exposure or novel regulatory questions, consult a media lawyer.
- **Regulations change.** The FTC Endorsement Guides were last updated in 2023. The ASA updates guidance regularly. Platform rules shift without notice. Always verify against the current version of each framework before publishing.
- **Securities disclosure is out of scope.** SEC (US) and FCA (UK) rules governing disclosure of material nonpublic information are a separate regulatory domain. If the content touches publicly traded companies, investments, or financial products, specialist legal advice is required.
- **Platform rules evolve.** This skill names the relevant platform policies and enforcement mechanisms as of the last update, but platform-specific tools and enforcement patterns change frequently. Check platform help centres for current requirements.

## Related Skills
- [op-ed-writer](../op-ed-writer/SKILL.md)
- [speech-writer](../speech-writer/SKILL.md)