Your Guide to Lawful Business Advertising: Key Legal Insights

Advertising powers growth. It introduces your brand, builds trust and drives sales. But in Australia, there are clear laws and industry standards that shape what you can and can’t say in your ads.

If your promotions are misleading, unclear or non‑compliant, you risk customer complaints, regulator action and reputational damage. The good news? With a few core principles and the right documents in place, it’s straightforward to advertise confidently and lawfully.

Below, we break down the key Australian rules for ads and promotions, practical do’s and don’ts, and the essential contracts and policies that help keep your campaigns compliant.

Core ACL Rules For Advertising

In Australia, the Australian Consumer Law (ACL) sets the baseline for truthful, fair and clear advertising. These are the pillars to keep in mind across all channels - websites, social media, email, print, radio, TV and in‑store signage.

Misleading Or Deceptive Conduct (Section 18)

All advertising must avoid giving consumers the wrong impression. That includes what you say, what you don’t say (omissions), visual cues, comparisons and even the overall “net impression” of the ad.

Section 18 of the ACL prohibits misleading or deceptive conduct. You don’t need an intent to mislead; if an ordinary consumer could be misled, it’s a problem. Always stress test your copy from a customer’s point of view.

False Or Misleading Representations (Section 29)

Certain claims are specifically regulated under the ACL, including price, quality, origin, testimonials, sponsorship/affiliation and more. These are covered by section 29 false representations.

• Don’t say “Made in Australia” unless your product genuinely meets that origin claim.
• Only use “lifetime warranty” if you clearly define what “lifetime” means and honour it.
• Use testimonials you can verify, and don’t edit them in a way that changes their meaning.

Important Fine Print And Qualifications

Fine print can’t contradict a bold headline. If a key condition applies (e.g. “minimum spend”, “exclusions”, “new customers only”), it should be prominent and easy to understand. Ensure the overall impression remains accurate even for skim readers.

Substantiation Of Claims

Have evidence ready for comparative, environmental, health and performance claims. If you say “50% more efficient” or “100% compostable”, you should be able to back it up if the ACCC asks.

Self‑Regulatory Codes Still Matter

Beyond the ACL, many industries follow AANA (Australian Association of National Advertisers) codes on ethics, health, food, environmental claims and marketing to children. While self‑regulatory, complaints can be upheld by Ad Standards and lead to reputational issues. Align your creative with these codes from day one.

Pricing, Discounts And “Limited Time” Offers: Do’s And Don’ts

Price is often the most prominent part of an ad - and the easiest place to go wrong. Make sure your pricing is accurate, clear and complete.

Display The Real Price

Generally, the advertised price should include mandatory fees and charges so consumers can see what they’ll actually pay at checkout. If you use a “from $X” price, it must apply to a genuine, meaningful portion of products or bookings.

Was/Now And Strike‑Through Pricing

If you show a higher “was” price, it needs to be a genuine, recent price you actually charged for a reasonable period. Artificially inflating the “was” price just before a sale can be misleading.

Discounts And Limited‑Time Language

Only use “last chance”, “ends today” or similar urgency language if it’s true. Don’t extend the offer repeatedly unless you clearly explain the change - consumers shouldn’t be pressured by false scarcity.

Advertised Price Laws

For a deeper dive into common pricing pitfalls (like drip pricing and surcharges), check the guide to advertised price laws in Australia. It’s a helpful checklist as you review price displays across your website, landing pages and ads.

Ads Using Reviews, Influencers And Customer Content

Social proof is powerful, but it carries specific obligations. Be careful with testimonials, influencer partnerships, competitor comparisons and user‑generated content.

Reviews And Testimonials

• Only publish genuine reviews. Don’t post fake reviews, pay for undisclosed positive reviews, or selectively remove legitimate negative ones.
• If you moderate reviews, apply consistent criteria and avoid creating a misleading overall impression.
• If you’re facing reputation issues, it’s useful to understand your options around fake Google reviews and how to respond lawfully.

Influencer And Ambassador Content

Influencers must disclose when content is sponsored or gifted. Clear labeling (e.g. “Ad”, “Paid partnership”) helps avoid misleading consumers about independence.

Protect your brand with a written Influencer Agreement that sets disclosure requirements, content approvals, IP ownership, usage rights, ASA/AANA compliance, and termination triggers for non‑compliance.

Competitor Comparisons

Comparative ads should be accurate, current and directly comparable. Cite your basis (e.g. independent test results), avoid disparagement, and ensure the products compared are truly like‑for‑like.

User‑Generated Content (UGC) And Consent

Before you share customer photos or videos, obtain clear permission. If people are identifiable (especially children), ensure your consent process is robust. It’s worth revisiting the basics of photography consent laws in Australia when planning UGC campaigns.

Environmental (“Green”) Claims

Greenwashing is a growing enforcement focus. Avoid vague claims like “eco‑friendly” without context. Be specific about outcomes (“packaging is 70% recycled content; curbside recyclable in most councils”) and keep supporting evidence on file.

Email, SMS And Telemarketing Promotions: Consent Comes First

Direct marketing is effective - and regulated. Consent, clarity and easy opt‑outs are your foundation.

Email And SMS Marketing

To market by email or SMS, you’ll need valid consent (express or clearly inferred), identify your business in the message, and include a functional unsubscribe. Consent can expire if you haven’t engaged with a contact for a long period, so keep your lists fresh.

If you’re planning a campaign, review the core rules in the breakdown of email marketing laws, and make sure the promises in your Privacy Policy match what you actually do with customer data.

Telemarketing And Do Not Call Rules

Phone marketing triggers extra obligations, including respecting the Do Not Call Register and calling hour restrictions. Scripts should avoid misleading statements and include clear identification and contact details.

Before you begin, revisit the essentials of telemarketing laws in Australia, and build compliance checks into your dialler and agent workflows.

Competitions, Giveaways And Trade Promotions

Competitions are great for growth, but you’ll need clear rules and, in some states and territories, a permit depending on the prize value and type of game (skill vs chance). Terms should cover eligibility, how to enter, judging, prize details, key dates and how winners are contacted.

Start with the national ruleset in the guide to giveaway laws in Australia, then check state/territory permit thresholds and any platform-specific requirements (e.g. for social media).

What Legal Documents And Policies Should You Have?

Solid contracts and policies turn compliance into a repeatable process - and reduce risk when campaigns scale. While every business is different, most teams benefit from the following documents tailored to their operations and channels.

Core Customer‑Facing Documents

• Website Terms And Conditions: Set the rules for using your site or app, limit your liability where appropriate, and outline acceptable use and IP ownership. They also support clear disclosures for offers, pricing and content. Consider a dedicated set of Website Terms and Conditions for online sales.
• Privacy Policy: Explain what personal information you collect (e.g. via forms, cookies, email sign‑ups), why you collect it and how customers can access or correct it. Align your marketing practices with the policy you publish.
• Returns And Warranties: Your ACL obligations apply regardless of store policy, but a clear returns page and a compliant warranty statement help set expectations. If you offer product warranties, ensure your wording aligns with ACL requirements via a Warranties Against Defects statement.
• Disclaimers: For certain industries (e.g. health/fitness, financial education), a targeted disclaimer helps clarify the scope of your content and reduce legal risk.

Campaign And Channel‑Specific Agreements

• Influencer/Brand Ambassador Agreement: Sets deliverables, disclosure standards, review/approval processes, content usage rights and brand safety requirements.
• Competition Terms And Conditions: Spell out entry mechanics, eligibility, judging, prize details, dates, permits and how you handle personal information collected during the promotion.
• Creative And Production Contracts: If you engage agencies, photographers or videographers, use written agreements covering deliverables, timelines, fees, IP ownership and model releases/permissions for talent.

Operational Policies And Internal Controls

• Marketing Compliance Checklist: A practical checklist for your team covering ACL claims, price accuracy, substantiation files, approvals and sign‑off responsibilities.
• Review Moderation Policy: Explains how you publish, verify and moderate customer reviews consistently.
• Record‑Keeping: Keep substantiation for claims (test results, surveys, certifications), dated screenshots of major campaigns and versions of T&Cs used.

How These Documents Work Together In Practice

Think of your documents as a toolkit. Your public‑facing terms and policies set expectations, your campaign agreements make sure partners meet those standards, and your internal policies help your team launch ads with confidence.

It’s completely normal to start lean and refine over time. The key is making sure your published information matches what you actually do day‑to‑day.

Quick Reference To Helpful Resources

• Misleading or deceptive conduct rules: ACL section 18
• Specific ad claims and representations: ACL section 29
• Pricing compliance overview: Advertised price laws
• Running competitions and giveaways: Giveaway laws
• Direct marketing channels: Email marketing and telemarketing
• Influencer campaigns: Influencer Agreement

Key Takeaways

• The ACL applies to all advertising in Australia, and you must avoid misleading conduct and false representations across every channel.
• Pricing needs to be clear, complete and accurate - especially “was/now” discounts, “from” pricing and limited‑time language.
• Use reviews, influencers and UGC carefully: ensure authenticity, secure consent, require disclosure and set standards in your contracts.
• For email, SMS and telemarketing, consent, identification and easy opt‑outs are non‑negotiable - build these into your systems and scripts.
• Protect your business with tailored documents such as Website Terms and Conditions, a Privacy Policy, Competition Terms, Influencer Agreements and appropriate disclaimers.
• Create a simple internal compliance checklist so every campaign is reviewed for ACL claims, substantiation and accurate fine print before it goes live.

If you’d like a consultation on setting up lawful advertising for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.