Cracking the Code: Navigating Legalities of Influencer Marketing in Australia

In today’s game of influencer marketing, being upfront is non-negotiable. Brands and influencers alike must navigate the maze of rules governing sponsored content to keep the faith and respect of their followers. Since July 2022, the AANA (Australian Association of National Advertisers) Code of Ethics has made it crystal clear: influencers must disclose brand affiliations, ensuring followers can differentiate between genuine and paid-for content. Whether it's a paid partnership or a gifted promo, transparency is key. Let's break down these rules and how to effectively navigate these regulations.

Disclosure Guidelines:

  • 1 Hashtags Speak Volumes: Utilise tags like #Ad, #PaidPromotion, or #Sponsored to indicate sponsored content. Place them where everyone can see, none of that hiding in the post or burying in comments.

  • 2 Caption Clarity: Keep captions simple. Just tell it like it is—whether it's a paid gig or a gift.

  • 3 Verbal Disclosure: Invade content verbally say it’s a promotion and throw in a written disclosure or closed captions for those watching on mute..

  • 4 Utilise Platform Tools: Use social media platforms' tools. Instagram's “Paid Partnership with…” label is a lifesaver. And if you're teaming up, make it clear it's an ad, even with platform features.

  • 5 Ignorance is No Excuse: With regulations in place for nearly two years, claiming ignorance is unacceptable. Non-compliance can harm reputations and affiliated brands. When unsure, disclose brand relationships to remain compliant.

It's important to note that not all of these practices above need to be used. Pick one or mix and match, as long as it's crystal clear it's an ad.

By sticking to these rules, influencers can keep the trust alive with their followers while also playing by the advertising rulebook. After all, honesty is the name of the game in influencer marketing!

Still unsure? The Australian Influencer Marketing Council (AiMCO) has a simple one page guide to help brands and creators determine then their post is an ad and how to label it.

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