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Legal Update: Australian Influencer Marketing Council (AIMCO) issues updated Australian Influencer Marketing Code of Practice and releases a new Guide to Gifting and Ad Disclosure

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Content updates

The Australian Influencer Marketing Council (AIMCO) released an update to the Australian Influencer Marketing Code of Practice (Code of Practice) and a new Guide to Gifting and Ad Disclosure (Guide) providing clarity around gifting and ad disclosure. The changes align with the Australian Association of National Advertisers (AANA) Code of Ethics (AANA's Code of Ethics).

The recent changes to the Code of Practice focus on Clause 2, Advertising Disclosure. In particular, the changes:

  • Update AIMCO's best practice recommendations to align with changes to the AANA's Code of Ethics.
  • Highlight that advertising disclosures in influencer and creator content are required in all engagements including transactions with a financial payment, gifts, free products and value-in-kind products or services and affiliations.  

The purpose of the Guide is to help:

  • Minimise reputational risks to both creators and brands who fail to meet advertising disclosure requirements as implemented by the Ad Standards compliant review process.
  • Ensure adherence to the legal requirements as set by the Australian Consumer Law (ACL).  

For more information on the updated Code of Practice and new Guide, see AIMCO: Code of Practice Updated.  

For an overview of Practical Law Australia's content related to advertising self-regulation and industry codes and other related resources, see Toolkit, Advertising and marketing.

By Practical Law Commercial Team

Practical Law Australia’s expert legal writers have practical expertise gained from some of the country's leading law firms and corporate legal departments, including Ashurst, Baker & McKenzie, Gilbert + Tobin, Herbert Smith Freehills, the Australian Broadcasting Corporation (ABC) and more. They understand the pressure to deliver timely and cost effective legal advice, which is why Practical Law’s fully maintained practice notes, precedents, drafting notes and checklists offer clear and concise know-how with a practical perspective.

For more information on Practical Law Australia’s legal writing team, visit legal.thomsonreuters.com.au/practical-law-team

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