ACCC Admits It Doesn’t Penalise Influencers For Breaking Sponsored Content Rule

I want like on instagram! Crazy subscriber addicted people person concept. Close up photo portrait of attractive funny cheerful toothy lady using holding cellular in hand isolated bright background

The ACCC says influencers are required to disclose when content is sponsored, but admits it has not so far penalised any Australian influencer for breaking the rule.

Influencers have the same obligations under consumer law as other forms of advertising and marketing, yet despite this, face no penalty for failing to disclose sponsored materials.

A spokesperson for the ACCC told Business Insider: “Under the Australian Consumer Law businesses should not engage in conduct that is misleading or deceptive.”

Misleading conduct includes when businesses or individuals leave out key information – such as when content is sponsored – or leading consumers to purchase something based on false or misleading information.

In the case of influencers, this includes sharing content or creating a post that leads consumers to believe they use a product without disclosing they have been paid or received the product in kind for posting about it.

The penalty for failing to disclose such information is severe – up to half a million per post for an individual and up to $10 million for a company.

Despite this being consumer law, the ACCC admitted it has never penalised an individual or influencer marketing businesses for not adhering to the rule.

At the beginning of July, the Australian Influencer Marketing Council (AIMCO) released the industry’s first set of working practices to support brands, agencies and creators.

AIMCO was established in late 2019 to drive trust, accountability and transparency in the growing sector of Australian influencer marketing. However, the guide is based on voluntary compliance, with no penalties for influencers who break the rules.




Please login with linkedin to comment

ACCC influencers

Latest News

MAXIBON Drops Epic Flavour Collaboration Via SICKDOGWOLFMAN
  • Campaigns

MAXIBON Drops Epic Flavour Collaboration Via SICKDOGWOLFMAN

Historians will long speak of this day with reverence. Poets will pen odes. The state of Victoria will probably get another public holiday out of it. The day one of the greatest flavour combinations known to humankind collided inside arguably the greatest iced confectionery in world history – giving us the much heralded ‘PBJ BON’. […]

OMA & RSL Join Forces For ANZAC Day
  • Advertising

OMA & RSL Join Forces For ANZAC Day

ANZAC Day's a great reminder of those who made the ultimate sacrifice. Also a reminder not to be a knob during two-up.