Posting podcast clips in the UK: ads, guests and music

Before you post podcast clips in the UK, check three things: label anything that is advertising, have a lawful basis and a clear agreement for using your guests' images and voices, and only use music you are licensed to use with video. This post sets out what the UK regulators and the platforms say about each.

This is general information, not legal advice. If your situation is unusual, or money is involved, take advice from a qualified professional.

1. Labelling ads in clips

When is a clip an ad?

Under the ASA and CMA guidance for content creators, content is advertising if you received any incentive from a brand, or have a direct connection to it, and it is about that brand. Free products and other benefits count as incentives, not only payment. Affiliate links and discount codes count too.¹²

For podcasters, that commonly includes:

• a host-read sponsor segment cut into a clip;
• a clip mentioning a product you were sent free;
• a clip with an affiliate link or discount code in the post text;
• clips about your own products or services.

How should it be labelled?

The ASA and CMA recommend a clear, upfront label: #Ad, #Advert, #Advertising, #Advertisement or #AdvertisementFeature. They advise against labels such as "Gifted", "Sponsored" and "aff", and say a general note that some links might earn commission is not enough for affiliate content.¹³

Put the label where people see it before they engage: at the start of the post text, and on screen in the clip itself if the post text is easy to miss. Platform tools such as a "paid partnership" tag help, but check the guidance on whether they are enough alone.

2. Your guests' images and voices

Is a clip of a guest personal data?

The ICO says that if someone can be recognised from a photograph, it is usually their personal data.⁴ The same reasoning applies to video and, often, a recognisable voice. Under UK GDPR you need a lawful basis to use personal data. Consent is one of six, and the ICO notes it is not always the most suitable one: legitimate interests may apply instead.⁵

The ICO has not published guidance written specifically for podcasts, so the practical steps below are our reading of the general rules.

What to do in practice

3. Music in clips

Adding music to video needs a synchronisation licence, usually covering both the composition (the publishing rights) and the recording (the master rights).⁶ A track being easy to add inside an app does not mean you are licensed to use it for business purposes.

• TikTok says businesses cannot use its general music library for commercial use, and points them to its Commercial Music Library of pre-cleared tracks.⁷
• Instagram and Facebook: check the music terms for your account type before using a track from the app, especially on a business account.
• Your own music, music you have commissioned with the rights to use it, or tracks licensed from a library whose licence covers social video, are the safe options.

The simplest approach for podcast clips is often no music at all: the conversation is the content.

How podswitch handles your recordings

podswitch never uploads your video. Your browser extracts the audio, and only the audio is sent. For social clips, the dialogue mix is transcribed by AssemblyAI in the EU, and the transcript, with the speaker names you entered, is sent to Anthropic's Claude to suggest the clips. Neither may use it to train their models, and uploaded audio is deleted when your plan's retention period ends. Our sub-processors page lists every company involved and where they process data, and the privacy policy explains your rights.

Sources

1. ASA and CMA, "Influencers' guide to making clear that ads are ads", 2023. https://www.asa.org.uk/static/790d2e01-e3f8-4fea-b3c99ef91a9f04dc/Influencerguidance2023v4-FINAL.pdf ↩ ↩²

2. CMA, "Social media endorsements: being transparent with your followers", updated 3 September 2025. https://www.gov.uk/government/publications/social-media-endorsements-guidance-for-content-creators/social-media-endorsements-being-transparent-with-your-followers ↩

3. ASA, "Affiliate marketing: new advertising guidance for social influencers". https://www.asa.org.uk/news/insight-affiliate-marketing-new-advertising-guidance-for-social-influencers.html ↩

4. ICO, "Taking photographs: data protection advice for schools". https://ico.org.uk/for-organisations/advice-for-small-organisations/news-blogs-and-events/blogs/taking-photographs-data-protection-advice-for-schools/ ↩

5. ICO, "Data protection principles, definitions and key terms". https://ico.org.uk/for-organisations/advice-for-small-organisations/getting-started-with-gdpr/data-protection-principles-definitions-and-key-terms/ ↩

6. Intellectual Property Office blog, "Synchronise and commercialise", 16 March 2017. https://ipo.blog.gov.uk/2017/03/16/synchronise-and-commercialise/ ↩

7. TikTok Ads Help, "Commercial Music Library". https://ads.tiktok.com/help/article/commercial-music-library ↩