Australia: The ACCC, the ACL, and the AANA Code
Australia requires advertising to be 'clearly distinguishable.' An ACCC sweep found 81% of influencer accounts raised compliance concerns.
In Australia, affiliate and influencer disclosure is governed by the Australian Consumer Law (ACL), enforced by the Australian Competition and Consumer Commission (ACCC), together with the self-regulatory AANA Code of Ethics administered by Ad Standards.
The legal standard
The ACL prohibits misleading or deceptive conduct (section 18) and false or misleading representations (section 29). Undisclosed paid influencer or affiliate content that leads consumers to believe an endorsement is independent can breach these provisions.
The AANA “clearly distinguishable” rule
Section 2.7 of the AANA Code of Ethics requires that advertising be “clearly distinguishable as such.” Expanded in February 2021 to capture influencer marketing, it applies to content under advertiser control regardless of whether payment was made.
Adequate
- “#ad”
- “Advert” / “Advertising”
- “Branded Content”
- “Paid Partnership”
- “Paid Promotion”
Inadequate
- “#sp”, “Spon”
- “gifted”
- “Affiliate”
- “Collab”, “thanks to…”
- A brand tag alone
The 2023 ACCC sweep found widespread non-compliance
In an early-2023 review of 118 influencer accounts, the ACCC found that 81% raised concerns about potentially misleading practices — and 96% in the fashion category. Common failures were non-disclosure of paid partnerships and vague terms like “sp” and “collab.”
Enforcement and brand responsibility
Ad Standards administers an independent complaints process open to both competitors and consumers, and regularly upholds complaints against undisclosed influencer content. Brands are held ultimately responsible for ensuring content complies with the AANA guidelines. The ACCC signaled ongoing scrutiny and case-by-case assessment of potential ACL breaches following its influencer sweep.
What this means for affiliates targeting Australia
If any meaningful part of your audience is in Australia, the practical rules are straightforward and align with the rest of the world: label paid and affiliate content with a clear term such as “#ad” or “Paid Partnership,” place the label where the audience sees it before engaging, and never rely on ambiguous terms like “sp,” “gifted,” or “affiliate” alone. Because misleading-conduct liability under the Australian Consumer Law does not depend on intent, an accidental omission can still be a breach — so the safe course is to disclose consistently and clearly on every monetized post.
Australia aligns with the global standard
The Australian approach maps cleanly onto the US, UK, and Canadian rules: clear, up-front, unambiguous labeling of commercial content. A single disciplined disclosure habit satisfies all of them. See the international overview for the comparison.
Authoritative sources
Last reviewed July 2026. This page is general educational information, not legal or tax advice.