The Australian Competition & Consumer Commission (ACCC) has yet to deliver promised guidelines on influencer marketing more than a year after its initial early-2024 deadline, despite finding 81% of analyzed influencers shared posts that raised concerns under Australian Consumer Law for potentially misleading advertising, per The Sydney Morning Herald.
The watchdog initially put Australia’s influencers on notice in January 2023, following Kim Kardashian’s $1.93 million settlement with the U.S. Securities and Exchange Commission for promoting an undisclosed cryptocurrency. After receiving more than 150 tip-offs from concerned social media users about “manipulative marketing techniques,” the ACCC released a formal report in December 2023 identifying “vague or confusing attempts at disclosing brand relationships” as a key issue.
The recent controversy surrounding Sydney influencers Indy Clinton and Rachael Wilde’s Bouf Haircare launch has highlighted these regulatory gaps, with questions arising about their business relationship, as Clinton promoted the brand without traditional paid partnership disclosures, despite being publicly identified as an ambassador.
The watchdog now anticipates releasing compliance information “before the end of 2025,” with “misleading” or “deceptive” advertising within influencer marketing included in its enforcement priorities starting July 1.
Global Regulatory
While Australia lags, other countries have implemented stricter regulatory frameworks. New Zealand has issued takedown notices to influencers promoting offshore online casinos, with potential fines of $10,000 per breach. The NZ Department of Internal Affairs confirmed investigations into influencers partnering with overseas-based gambling sites through livestreaming and promotional giveaways.
In Europe, Portugal’s Association for Consumer Protection is advocating for clearer regulations amid a projected $52.77 million influencer advertising market in 2025. France implemented specific legislation in 2023, while the UK’s Advertising Standards Authority reports that only 57% of influencer content on Instagram and TikTok is appropriately labeled as advertising.
Government-Influencer Partnerships
The Australian government has taken a different approach by partnering with popular influencers for an anti-vaping campaign targeting those aged 14 to 20. The initiative featured cricketer Ellyse Perry, gamer Jackbuzza, and other influencers with millions of followers across social media platforms.
Health Minister Mark Butler acknowledged that young people are more likely to engage with influencer content than traditional media, stating, “Teenagers don’t watch TV or listen to Health Ministers, which is why we’ve partnered with influencers that young people listen to.”
Industry Self-Regulation
In Australia, self-regulatory bodies like the Australian Influencer Marketing Council (AiMCO) and the Australian Association of National Advertisers (AANA) maintain voluntary codes of conduct. AiMCO chair Tegan Boorman notes these codes don’t attract financial penalties, though non-compliance “may result in reputational damage.”
Professor Niloufer Selvadurai of Macquarie Law School suggests the ACCC could adopt approaches similar to the U.S. Federal Trade Commission, which “mandates disclosure of all material connections” between endorsers and brands, including payments, gifts, free products, discounts, and personal relationships.
The Australian Competition & Consumer Commission (ACCC) has yet to deliver promised guidelines on influencer marketing more than a year after its initial early-2024 deadline, despite finding 81% of analyzed influencers shared posts that raised concerns under Australian Consumer Law for potentially misleading advertising, per The Sydney Morning Herald.
The watchdog initially put Australia’s influencers on notice in January 2023, following Kim Kardashian’s $1.93 million settlement with the U.S. Securities and Exchange Commission for promoting an undisclosed cryptocurrency. After receiving more than 150 tip-offs from concerned social media users about “manipulative marketing techniques,” the ACCC released a formal report in December 2023 identifying “vague or confusing attempts at disclosing brand relationships” as a key issue.
The recent controversy surrounding Sydney influencers Indy Clinton and Rachael Wilde’s Bouf Haircare launch has highlighted these regulatory gaps, with questions arising about their business relationship, as Clinton promoted the brand without traditional paid partnership disclosures, despite being publicly identified as an ambassador.
The watchdog now anticipates releasing compliance information “before the end of 2025,” with “misleading” or “deceptive” advertising within influencer marketing included in its enforcement priorities starting July 1.
Global Regulatory
While Australia lags, other countries have implemented stricter regulatory frameworks. New Zealand has issued takedown notices to influencers promoting offshore online casinos, with potential fines of $10,000 per breach. The NZ Department of Internal Affairs confirmed investigations into influencers partnering with overseas-based gambling sites through livestreaming and promotional giveaways.
In Europe, Portugal’s Association for Consumer Protection is advocating for clearer regulations amid a projected $52.77 million influencer advertising market in 2025. France implemented specific legislation in 2023, while the UK’s Advertising Standards Authority reports that only 57% of influencer content on Instagram and TikTok is appropriately labeled as advertising.
Government-Influencer Partnerships
The Australian government has taken a different approach by partnering with popular influencers for an anti-vaping campaign targeting those aged 14 to 20. The initiative featured cricketer Ellyse Perry, gamer Jackbuzza, and other influencers with millions of followers across social media platforms.
Health Minister Mark Butler acknowledged that young people are more likely to engage with influencer content than traditional media, stating, “Teenagers don’t watch TV or listen to Health Ministers, which is why we’ve partnered with influencers that young people listen to.”
Industry Self-Regulation
In Australia, self-regulatory bodies like the Australian Influencer Marketing Council (AiMCO) and the Australian Association of National Advertisers (AANA) maintain voluntary codes of conduct. AiMCO chair Tegan Boorman notes these codes don’t attract financial penalties, though non-compliance “may result in reputational damage.”
Professor Niloufer Selvadurai of Macquarie Law School suggests the ACCC could adopt approaches similar to the U.S. Federal Trade Commission, which “mandates disclosure of all material connections” between endorsers and brands, including payments, gifts, free products, discounts, and personal relationships.