Influencer + ad disclosure under ACL + AANA Code
Paid content must be clearly disclosed as advertising — #ad #spon are not enough on their own.
Who must comply
Influencers, agencies, brands engaging influencers.
What triggers it
Paid or sponsored content.
When due
Continuous.
Evidence required
Disclosure documentation; influencer contracts requiring disclosure compliance.
Max penalty
Civil penalty regime under ACL ($100M / 30% turnover, from 28 March 2026)
Summary
Misleading conduct under s 18 ACL + AANA Code 2 require clear, conspicuous + upfront disclosure of paid + commercial relationships. ACCC enforcement (e.g. Meta/Instagram cosmetics actions) treats hidden #ad disclosures as misleading. Per-platform guidance issued.
Enforced by
Source legislation
Topics
Related obligations
- CWLTHComply with AANA Code of Ethics + community guidelinesSelf-regulatory advertising standards enforced by Ad Standards (formerly ASB).
- CWLTHCosmetic surgery advertising standards (Medical Board reforms 2024-2025)Stricter cosmetic surgery + procedure advertising from 2024 — bans on idealised body imagery + before/after misuse.
- CWLTHComply with the Spam Act 2003 (consent, identify, unsubscribe)All commercial electronic messages must have consent, identify the sender, and offer a working unsubscribe.
- CWLTHWash outbound marketing lists against the Do Not Call RegisterLists must be washed within 30 days of the call/SMS unless valid consent.
- CWLTHTherapeutic Goods Advertising CodeAdvertising of therapeutic goods to AU consumers must comply with TGA Advertising Code.
- CWLTHComply with the Therapeutic Goods Advertising CodeAdvertising of therapeutic goods to consumers must comply with the TGA Advertising Code and prohibited representations.
Frequently asked questions
- Who must comply with Influencer + ad disclosure under ACL + AANA Code?
- Influencers, agencies, brands engaging influencers.
- What triggers Influencer + ad disclosure under ACL + AANA Code?
- Paid or sponsored content.
- When is Influencer + ad disclosure under ACL + AANA Code due?
- Continuous.
- What is the maximum penalty for Influencer + ad disclosure under ACL + AANA Code?
- Civil penalty regime under ACL ($100M / 30% turnover, from 28 March 2026)
- What evidence is required for Influencer + ad disclosure under ACL + AANA Code?
- Disclosure documentation; influencer contracts requiring disclosure compliance.
Source: https://accc.gov.au/business/business-rights-and-protections/false-or-misleading-claims. Rules Mate is not a law firm. Always verify against the live regulator source before acting.