Social media “influencers”: the do’s and don’ts of disclosure

It’s now a widely acknowledged reality that commercial organisations need defined social media strategies and policies in place as a framework for approaching the world of ’gramming, liking, sharing, connecting (and, a recent addition to the Facebook stable, “reacting”) online.  An increasingly important part of that strategy is often engaging social media ambassadors or “influencers” read more...

Same same but different? Federal Court finds Reckitt Benckiser’s/Nurofen’s marketing of the ‘specific pain relief’ range constitutes misleading and deceptive conduct

Last week Justice Edelman delivered judgment in the Federal Court, finding that Reckitt Benckiser (Australia)’s packaging and website descriptions of the Nurofen ‘Specific Pain Range’ constituted misleading or deceptive conduct under section 18 of the Australian Consumer Law (‘ACL’). Reckitt Benckiser was found to have represented that the four products in the Nurofen Specific Pain read more...

IP & Competition Law…a match made in reform heaven?

Yesterday, the Competition Policy Review Panel released its Draft Report on the effectiveness of Australia’s current competition policy and laws, and its recommendations for the promotion of competition across the economy. Our colleagues over at In Competition published this brief post here and a more detailed alert here, focusing on the broader aspects of competition read more...

15 minutes of fame: keeping “in-app” purchases in-check

The days of unauthorized in-app purchases are well and truly numbered, following a spate of private and regulatory enforcement action in the United States, and the issue being firmly on the agenda of regulators in the UK, EU and Australia. Our friends at our sister blog In Competition have written a post about this issue. read more...

High Court bundles up TPG with a $2 million penalty for misleading advertising

The High Court’s reasons for judgment in ACCC v TPG Pty Ltd [2013] HCA 54 serves as a warning to advertisers that campaigns designed to emphasise the most attractive component of an offer must be carefully designed so not to have the tendency to mislead and deceive consumers.  The lesson for advertisers is to ensure read more...

ACCC releases best practice guide about online reviews – for businesses and review platforms

On Tuesday, the ACCC released best practice guidelines about online reviews for businesses and review platforms. The Guidelines provide detailed practical examples, making clear the types of conduct the ACCC views as potentially misleading. It should be considered by any companies which host online reviews on their own sites, or rely on customer testimonials or read more...

Moderating User Comments on Social Media: New IAB Guidelines

“Trending” of late has been the introduction of social media best practice recommendations and guidelines from a variety of bodies.  Last week saw the release of the Interactive Advertising Bureau’s (IAB) Social Media Comment Moderation Guidelines, which attempt to address confusion over the requirement for moderation of user comments on social media sites. The IAB read more...
Subjects: Media | Social media

IAB Australia releases Social Advertising Best Practice Guidelines

Last week, the Interactive Advertising Bureau Australia (IAB) released Social Advertising Best Practice Guidelines (Guidelines) for paid social advertising.  We’re pleased to see IAB helping members navigate the Social Media Wild West.  However, we suggest that the Guidelines be further reviewed to mitigate some continuing legal risks. The IAB is the peak industry body for read more...