The industry code: AANA Code of Ethics, section 2.7. Advertising must be "clearly distinguishable as such." Ad Standards (the complaints body) accepts labels like #ad, Advert, Advertising, Branded Content, Paid Partnership, Paid Promotion. It warns that #sp, Spon, gifted, Affiliate, Collab or "thanks to" may not be enough. In one upheld case, just tagging the brand and showing the product didn't count as disclosure.
The law: Australian Consumer Law, enforced by the ACCC. In December 2023 the ACCC reported that 81% of 118 influencers it reviewed had posts raising concerns about potentially misleading advertising. Fashion was worst (96%). Common problems:
- not disclosing gifts or payment
- vague tags like "sp" or "spon"
- disclosures that were hard to spot
The ACCC expects disclosure to be clear and immediately obvious, including for free products and tickets.
Health products: the TGA's big one. Since the Therapeutic Goods Advertising Code 2021 took full effect (1 July 2022), paid or incentivised testimonials for therapeutic goods are banned, even if you disclose them. That covers vitamins, supplements, sunscreens, many skincare "actives", medical devices and more. Genuine, unpaid testimonials are still allowed. Exactly who counts as "engaged" by a brand is unclear, so get advice before any health-product deal.
Money products: ASIC. Recommending specific financial products, or sharing paid referral links to trading platforms, can require an AFS licence. Breaches can mean up to 5 years in prison for individuals.