Influencer disclosure rules in Australia

The two rulebooks

Ad Standards administers the AANA Code of Ethics, the advertising industry’s self-regulatory code. It requires advertising to be clearly distinguishable as advertising. Influencer posts made in return for payment or other benefits, including free products, are covered.

The Australian Consumer Law, enforced by the ACCC, prohibits misleading or deceptive conduct in trade. That includes hiding that a post is paid, presenting an ad as an independent opinion, fake reviews, and misleading claims about a product. The ACCC has made influencer marketing an enforcement focus, and has published guidance for influencers on disclosing sponsored content.

This is a general overview. If you’re signing contracts with brands, get advice on your situation.

When a post needs a label

• You were paid to post.
• You were given a product, service, trip or meal for free, and you post about it.
• You earn commission through an affiliate link or discount code.
• You have an ongoing relationship with the brand, such as ambassador deals.
• It’s your own business or a family member’s business.

How to label it

• Up front. Put the label at the start of the caption or on screen at the start of the video, not after the “more” cut or in a pile of hashtags at the end.
• Plain words. “Ad”, “Advertising” or “Paid partnership with …” are clear. Vague tags such as #sp, #collab or #thanks are not.
• Use the platform tools (Instagram’s paid partnership label, TikTok’s content disclosure setting) as well as, not instead of, a clear label.
• Every post. Including stories and reposts.

Follower numbers and honesty

Brands pay creators for reach. Quoting follower numbers that you know are inflated, to win paid work, risks misleading the brand. Even outside the law, it’s the quickest way to lose a brand relationship once the campaign under-performs. If you’ve ever bought followers and you’re now working with brands, give them your real reach and engagement from Insights, and consider removing inauthentic followers. Our guide to spotting fake followers explains what brands check.

For brands

Brands are responsible for their advertising too. Brief creators on disclosure, check posts before they go live, and don’t ask for undisclosed reviews. Ask for Insights screenshots rather than relying on follower counts.