Advertising in Australia is governed by a robust self-regulatory framework along with specific laws that help ensure advertising practices are fair and not misleading. Here's a concise overview of the key points you need to be aware of:
Self-Regulation and Industry Codes: Australia features a strong self-regulatory system with numerous industry codes covering general advertising standards, media-specific advertising, and sector-specific advertising (like food, children's products, alcohol, etc.). Codes include the AANA Code of Ethics, which sets general advertising standards, and various others that target specific concerns such as environmental claims, wagering, and automotive advertising.
Australian Consumer Law (ACL): The ACL is the primary legislative framework governing advertising practices, prohibiting misleading or deceptive conduct across all forms of media. It covers aspects from the truthfulness of advertising claims to the standards and quality of products and services advertised.
Specific Advertising Considerations: Certain types of advertising, such as for alcohol, gambling, and telecommunications, are subject to additional regulations and specific codes that outline how these should be advertised in terms of content placement and the nature of the content itself.
Legal Compliance: Advertisers must also consider other applicable laws such as the Food Standards Code, Therapeutic Goods Advertising Code, and various codes under the Corporations Act when creating advertisements. Each of these sets additional standards that may impact the advertising of certain types of products.
Enforcement and Compliance: Non-compliance with self-regulatory codes can lead to adjudications by the Ad Standards Community Panel or Industry Jury. These bodies can request ad modifications or removals, and non-compliance can be reported to government regulators like the ACCC for further action.
