Influencer disclosure rules in Australia come from three places at once: the Australian Consumer Law, which the ACCC enforces and under which hidden advertising can be misleading conduct; the AANA Code of Ethics, which says advertising must be clearly distinguishable and is applied by the Ad Standards Community Panel; and product rules such as the TGA's ban on paid testimonials for therapeutic goods. In practice, any post a brand has paid for, gifted or otherwise rewarded needs a clear label such as #ad or Paid Partnership at the start, and every claim in it has to be true to your own experience.
Three rulebooks, three enforcers
The law is the Australian Consumer Law. The ACCC's page on social media promotions says the same rules that govern all advertising apply to social posts, explicitly including posts a business offers influencers incentives to make, and that the ACCC can require businesses to back up the claims they make there. In its December 2023 update on influencer advertising, the ACCC said that obligation applies to influencers engaged in trade or commerce as well as to the brands and marketers who use them.
Industry self-regulation sits alongside the law. Section 2.7 of the AANA Code of Ethics, which now sits on the site of the Marketing Association of Australia, reads “Advertising shall be clearly distinguishable as such”, and its practice note must be applied by the Ad Standards Community Panel when it decides complaints. One detail surprises creators: the ACCC's influencer sweep report explains that because the Code was designed for and adopted by businesses, Ad Standards does not make formal findings against influencers. A complaint about your post is decided against the brand, while the Consumer Law can reach you directly.
Then come the specialist regulators. The same report names the TGA, ASIC and AHPRA as responsible for influencer conduct in their own areas: therapeutic goods, financial products and registered health practitioners. A supplement deal or a trading-app affiliate link can therefore carry rules well beyond a label.
One status note. The ACCC promised dedicated influencer guidance after its 2023 sweep, and its March 2026 PhotobookShop release still said it would soon release specific guidelines for influencers. Check the ACCC site for that document before relying on this summary.
When a post counts as advertising
The AANA Code defines advertising as material published by or for an advertiser, over which the advertiser has a reasonable degree of control, that draws public attention to promote a product, service or idea. Its practice note says that when an influencer or affiliate accepts money, or free products or services, in exchange for promoting a brand, the relationship must be clear, obvious and upfront and expressed in a way people easily understand. It also says there is no absolute labelling requirement where the commercial nature is already obvious, such as a brand advertising on its own account, and that paid product placement with no other claim may need no label.
The ACCC reads gifts the same way. Its 2023 reminder to influencers said to disclose promotional posts in a way that is immediately obvious, including where the incentive was free products, tickets or other gifts. PhotobookShop's case shows the cost for brands: the business paid $39,600 under two infringement notices after asking influencers not to mention that their reviews were exchanged for free products valued at around $50 to $400, and after cutting critical lines out of a review it reposted without saying so. The release says the investigation began when an influencer reported the agreement they had been asked to sign, and the ACCC invited other creators to come forward.
The Ad Standards page on distinguishable advertising groups past decisions into patterns. Posts that failed to disclose a commercial arrangement were found in breach. Posts with clear disclosure were not, and nor were some posts whose repeated brand references, where-to-buy details or discount codes made the commercial nature obvious. Do not lean on that second group: overseas regulators such as the UK's have said discount codes alone do not make an ad recognisable, and a label removes the argument entirely.
Label wording for Australian posts
The practice note gives examples of labels that work and of weaker ones. The table pairs each with a safer choice.
| Wording | How the AANA practice note or Ad Standards treats it | Safer choice |
|---|---|---|
| #ad, Advert, Advertising | Listed as examples of clear, easily understood labels | Use at the start of the caption and on screen |
| Branded Content, Paid Partnership, Paid Promotion | Also listed as clear examples | Fine, provided the label is visible before anything else |
| #sp or Spon | May not be enough to mark a post as advertising | Write #ad in full |
| Gifted | Named among the labels that may not be sufficient | “#ad, gifted by [brand]” |
| Affiliate or Collab | Also on the may-not-be-sufficient list | #ad plus a plain line saying you earn commission on the links |
| “Thanks to [brand]” or a tag alone | Merely naming the brand may not distinguish the post as advertising | Keep the thanks, add #ad before it |
| “Not an ad” on a post linked to a freebie | In a 2025 case report the Panel found the phrase misleading where the brand had supplied a complimentary membership | Never deny a relationship that exists; disclose it |
| Sponsored | Not on either list; the ACCC's 2023 sweep criticised sp and spon as stand-ins for it | Workable here, but lead with #ad if you also reach UK viewers |
Health and wellness deals: the TGA testimonial rule
If the product is a therapeutic good, such as a medicine, most vitamins and supplements, many sunscreens or a medical device, a label is not the end of it. The TGA's page on testimonials and endorsements separates the two. A testimonial is a statement by someone who says they have used the product themselves; an endorsement is a form of support or approval, such as being shown applying a sunscreen. Testimonials given in exchange for payment or any valuable consideration must not be used, and the TGA says that includes brand ambassadors and social media influencers. Endorsements may be paid for, provided the payment is disclosed, and the TGA suggests words like “paid partnership”.
Valuable consideration is broad. The TGA lists cash, services, gifts, discounts, free product, flights, accommodation and the promise of a future benefit, while a discount offered to every customer equally is not consideration. So a paid creator can show and recommend a product in line with its approved uses, but should not say how it worked for them. The TGA's social media guidance adds that content must be recognisable as advertising without anyone clicking, that old posts must still comply and each day a contravention stays up may count as a new one, and that advertising therapeutic goods to children under 12 is prohibited. Current or former health practitioners cannot give testimonials or endorsements for therapeutic goods at all.
Brands should flag this in the brief, but many do not. Our UGC brief checklist includes the questions to ask before filming anything health-related.
Who handles which complaint
Knowing the right door matters whether you are reporting a problem or answering one.
| The problem | Who handles it | What happens | Source |
|---|---|---|---|
| A brand-linked post that is not clearly an ad | Ad Standards Community Panel, under AANA Code section 2.7 | The Panel decides whether the advertiser breached the Code; it makes no formal findings against influencers | AANA Code page, which gives the online lodging route, and the ACCC sweep report |
| Misleading claims, undisclosed paid posts, fake or edited reviews | ACCC, under the Australian Consumer Law | Can require claims to be backed up, investigate and take enforcement action; it does not resolve individual disputes | ACCC social media promotions page |
| Supplements, sunscreen, medicines, medical devices | TGA | Offences and civil penalties apply to non-compliant advertising, including on social media | TGA social media guidance |
| Investing tips, trading apps, financial product links | ASIC | Unlicensed financial product advice or arranging can be an offence | ASIC INFO 269 |
| A registered health practitioner advertising their services | AHPRA and the national boards | Advertising guidelines apply to the practitioner's own promotions | AHPRA advertising hub |
| A false claim about a business on a platform it does not control | The platform, through its reporting tools | The ACCC expects platforms to take steps to remove false or misleading claims | ACCC consumer guidance |
Pre-post checklist for Australian audiences
- Note what the brand gave you: money, product, a loan, travel, event access, commission or a discount not offered to everyone.
- If the brand controls or approves any part of the post, treat it as advertising under the AANA Code.
- Open the caption with #ad, Advertising or Paid Partnership, and put the same label on screen for video and Stories.
- Turn on the platform's paid partnership tool too; the TGA says such tools should be used where offered.
- Read every claim back against your real experience; if a script asks you to overstate it, refuse the line.
- For therapeutic goods, cut any personal results from paid content and stick to the product's approved uses.
- For money topics, check ASIC's guidance before recommending a product or sharing a referral link.
- Refuse any instruction not to disclose, keep a copy of it and consider reporting it to the ACCC.
- Revisit old sponsored posts: corrections are easier now than after a complaint.
Platform labels, referral links and overseas audiences
Instagram's and TikTok's built-in labels use wording close to the practice note's own examples, but a label only helps if viewers see it before the content. Our guides to the Instagram paid partnership label and TikTok disclosure settings cover the settings; add your own #ad as well.
Referral and affiliate income needs the same upfront treatment. If you refer other creators to platforms for a fee, our guide to creator referral programs covers the terms and disclosure points specific to those schemes.
Australian creators with large US or UK followings answer to those regulators too. The FTC influencer disclosure rules apply where US viewers are a foreseeable audience, and the UK's ASA guidelines are stricter about words like sponsored and gifted.
Limitations of this guide
This is general information drawn from the ACCC, AANA, Ad Standards, TGA, ASIC and AHPRA pages linked above as they read when we checked them, not legal advice. Ad Standards decisions turn on their facts, the AANA Code is self-regulation rather than law, and the ACCC's promised influencer guidelines may change the detail once published. State fair trading laws, alcohol and gambling codes, and the platforms' own branded content policies are outside this page. If a brand asks for health or financial claims, a testimonial in exchange for product, or silence about a gift, get advice from an Australian lawyer before you agree.