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
SHARE
THIS



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

Dairy Australia Launches Latest “Buy. Support. Enjoy Aussie Dairy” Via Elmwood
  • Campaigns

Dairy Australia Launches Latest “Buy. Support. Enjoy Aussie Dairy” Via Elmwood

The latest instalment of Dairy Australia’s “Buy. Support. Enjoy Aussie Dairy,” campaign has launched via elmwood. The ad aims to highlight the health benefits of getting your daily dose of dairy while also supporting local farmers and communities. The new Enjoy phase of the Dairy Australia campaign follows on from the initial scene-setting campaign, (around […]

Retired Marketing Man Andrew Piccoli Speaks About His Children’s Book ‘Dexter The Dahu’
  • Marketing

Retired Marketing Man Andrew Piccoli Speaks About His Children’s Book ‘Dexter The Dahu’

Andrew Piccoli spent his career overseeing some of Australia’s most memorable ad campaigns. Now, he has turned his attention to a particular area of passion: children’s literature. Now retired, Piccoli spent the COVID-19 lockdown writing the story of Dexter the Dahu for children aged between five and nine. He has donated a copy of the charming […]

A Clearer Lens: Restoring Trust In Out Of Home Measurement
  • Opinion

A Clearer Lens: Restoring Trust In Out Of Home Measurement

Outdated and modelled legacy measurement metrics being used by OOH companies have hindered confidence in the channel. Robin Arnold [pictured], Chief Technology Officer for LENS Technology & Analytics explores the few hero systems emerging to bring trust back to the channel. What do marketers really want? It’s a hard, nuanced question that has many answers. […]

Opinion

by B&T Magazine

B&T Magazine