Founder - Social Law Co. | Chair - AiMCO Guiding Council | Non-executive Director - Audited Media Association of Australia Limited | Senior Social Media Lawyer
So far this year, according to the Ad Standards Case Reports, 6 advertisers have been the subject of complaints about breaches of the AANA - Australian Association of National Advertisers Code of Ethics when it comes to distinguishable advertising, with one complaint involving 8 different posts. With 3 of those complaints upheld, 2 remain listed as not modified or discontinued on the Ad Standards website. Last month, the ACCC released its 2024–25 Compliance and Enforcement Policy and Priorities, noting that consumer and fair-trading issues in the digital economy, particularly misleading or deceptive advertising within influencer marketing, online reviews, in-app purchases, and price comparison websites, remain a top priority for the regulator. The ACCC also noted in their findings of their internet sweep of testimonials and endorsements by influencers, released in December 2023, that the ACCC will monitor adverse findings made by Ad Standards to assess whether they involve ACL concerns, and take enforcement action where appropriate. With 17 case reports listed on the Ad Standards website with "Upheld - Not Modified or Discontinued" as their determination in relation to the distinguishable advertising obligations under the AANA Code of Ethics, watch this space to see what action, if any, the ACCC takes in the coming period in relation to these ads, determined by the Ad Standards Community Panel to be non-compliant with the relevant self-regulatory code in Australia. The products advertised in these ads span clothing, food and beverage, health products, retail and information technology. Whilst the ACCC of course cannot pursue all matters that come to their attention, and some advertising of certain products may fall into the jurisdiction of other regulators, the ACCC does have a range of compliance and enforcement tools at their disposal to encourage compliance with the law, and focus on circumstances likely to impact consumers experiencing vulnerability, harm the competitive process or result in widespread consumer or small business detriment. What do you think? Putting aside the fact that proper ad disclosure builds confidence and trust in influencer marketing, and is therefore important for the industry, in your view, is hidden advertising in influencer posts advertising the abovementioned types of products likely to impact consumers experiencing vulnerability, harm the competitive process or result in widespread consumer or small business detriment, and therefore worthy of an allocation of regulatory resources to stamp out? #influencermarketing #accc #adstandards #aana #influencers #digitalmarketing #policy #priorities #opinion
