AiMCO Releases Guides To Help Influencers Advertise Within The Law

In recent months regulatory bodies, including the Therapeutic Good Administration (TGA), have issued guidance, and in some instances warnings to creators and the brands working with them, regarding ensuring that branded social media content meets legal frameworks.

The fact that the influencer marketing channel is attracting the attention of regulators is a further indication that it has matured as a channel as it continues to gain marketing spend.

The Australian Influencer Marketing Council (AiMCO) has ramped up its member support to include specialist guides. Today it releases two guides providing clarification on the influencer marketing advertising requirements relating to responsible alcohol advertising, as governed by The ABAC Scheme (ABAC) a quasi-regulatory body, and the Therapeutic Goods Administration (TGA), a government health body.

Developed by AiMCO’s Best Practice Working Group the guides share the knowledge and expertise of the industry’s leading influencer marketing and legal specialists. The guides support AiMCO’s Code of Practice launched in 2020 and updated in 2021 bringing fresh updates to address important issues.

The AiMCO Influencer Marketing Guide to Therapeutic Goods Advertising has been developed to provide greater clarity on the advertising requirements relating to influencer marketing introduced by the Therapeutic Goods Administration in early 2022 and which became effective as of June 30 2022.

The updated TGA code does not ban promotion for therapeutic goods by influencers, rather it brings the rules for creators and influencers in line with all advertising for therapeutic goods ensuring that they conform to the same long standing TGA requirements as other advertising formats.

The AiMCO guide:

addresses the TGA Advertising Code with regard to influencer marketing
explains the difference between an endorsement and a testimonial (the latter unacceptable)
guides influencers and creators on important content considerations regarding the TGA Advertising Code
provides content scenarios to help clarify an endorsement versus a testimonial

Detch Singh, chair of the Best Practice Working Group, AiMCO deputy chair and CEO Hypetap thanked the members of the two Action Groups and the wider Best Practice Working Group for the time and energy devoted to creating these guides for members. “As influencer marketing becomes more complex and nuanced with advertising requirements updated by regulatory bodies such as ABAC and the TGA, it’s important that AiMCO supports its members with specific and helpful guides.”

The second guide for members is the AiMCO Influencer Marketing Guide to Responsible Alcohol Advertising which has been developed to ensure AiMCO’s members understand the requirements of alcohol advertising as administered by ABAC2 including a checklist members can use, guidance on the brief and content rules, as well as two supporting documents the first providing scenario examples and the second a handy campaign content outline.

Tegan Boorman, AiMCO deputy chair, Best Practice Action Group leader and founder of Social Law Co., added: “It’s been a pleasure to work with so many of AiMCO’s diverse and engaged members to see these two guides come to life. Ensuring members have the right tools to support their business is an important part of value for members. The guides highlight some of the key issues for those working on influencer marketing campaigns in these areas, and assist members to understand when they might need to reach out for legal advice and other professional support.”

The guides are the latest initiatives designed to support members and follow the launch of the AiMCO Member Directory, the first of its kind allowing visitors to the AiMCO website to easily search and find businesses that can provide services and support across the influencer marketing landscape.

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