Uploaded November 2018.
See individual countries/ sectors for updates.
Updates (slimmed)
New Children's Code from the AANA
Above effective 1 December 2023
Most compained about ads 2023 Dec
ACCC environmental claims guidelines
Rude awakening for Emma Sleep by ACCC
IAB Big Themes 2024 Feb 8, 2024
ACCC and Grays and $10mil fine Feb 26, 2024
Asic & Vanguard. Ironbridge/ Lex April 5, 2024
ACCC and Glad Ocean plastic; April 18, 2024
Johnson Winter Slattery on the above Apr 28
Qantas, ACCC & $120m May 6, 2024
That's a serious parking fine. ACCC Aug 8, 2024
ACCC and Google and TPG Aug 13, 2024
Language and violence in ads. Sept 2024
AdStandards latest decisions Sept 30, 2024 Topics Language, car speed, food claim
ASIC's Australian Securities and Investment Commission greenwashing interventions Aug 2024 report
The Privacy and Other Legislation Amendment Bill 2024
AANA newsletter October 10, 2024
ICLG Consumer Protection Laws Australia
AdStandards latest decisions Oct 28, 2024 Topics Nudity, Aldi renewable energy, breastfeeding, swearing
AANA newsletter November 19, 2024
Harvey Norman and Latitude Finance
Hall & Wilcox November 15, 2024
AdStandards latest decisions Nov 26, 2024 Topics Gender/ body image, objectification, nudity, food/ kids
Social media ban for U16s? BBC Nov 21, 2024
How to comply with below. Webinar Dec 5
AANA Environmental Claims Code. Oct 21, 2024
Ad Standards Executive Director to step down
Former prime ministers urge ban on gambling advertising
Igaming Business August 12, 2024
Updated Quick Guide To Advertising Content Regulation
IAB July 18, 2024
ACCC release final environmental guidelines. PR here Dec 12, 2023
The advertising regulatory framework in Australia will have a familiar look to it for those whose experience is largely European, in as much as there's a strong self-regulatory authority Ad Standards in place, albeit with a slightly different structure to most in Europe as the founding body is the advertiser's trade association and consumer and competitor complaints are handled separately. From the Adstandards website: 'Ad Standards functions as secretariat for the Ad Standards Community Panel and the Ad Standards Industry Jury, the two independent bodies established to determine consumer and competitor complaints against the advertising self-regulatory codes.' Scope: Advertising is defined as.......any activity which is undertaken by, or on behalf of an advertiser or marketer, over which the advertiser or marketer has a reasonable degree of control, and that draws the attention of the public in a manner calculated to promote or oppose directly or indirectly a product, service, person, organisation or line of conduct. It does not include Excluded Labels or packaging for products, corporate reports including corporate public affairs messages in press releases and other media statements, annual reports, statements on matters of public policy. See the self-regulation header immediately below for more.
The legislative backdrop is also reasonably familiar from consumer protection provisions under a federal act - the Competition and Consumer Act 2010 - expressed under Schedule 2 as the Australian Consumer Law or ACL and enforced by the Australian Competition and Consumer Commission. The regulatory 'wrinkles', however, are not insignificant and it's as well to look out e.g. for a variety of sources for some sector advertising codes and state laws that may differ somewhat in their approaches to product categories such as alcohol.
AANA (Australian Association of National Advertisers) Code of Ethics February 2021
The Code of Ethics is to be read with the Practice Note, also February 2021, provided as a guide to interpretation
'These other AANA codes may also apply:'
Food & Beverages Advertising Code November 2021; Practice Note here
See also Australian Food and Grocery Council Responsible Children's Marketing Initiative March 2018
Environmental Claims Code May 2018; Practice Notes within
Exposure Draft of new Environmental Claims Code Jan 2024
Wagering Advertising Code July 2016
See also Keeping wagering ads in check September 2022
Children
Children’s Advertising Code March 2021
Children's Advertising Code Practice Note March 2021
(Above retained for comparison)
New Children's Code from the AANA. Practice Note here
Above effective 1 December 2023. AANA announcement here
New AANA Children’s Advertising Code - Marketing and Advertising Law Update
Stephens Lawyers & Consultants/ Lex October 17, 2023
Kidfluencers & the new children’s advertising code
DLA Piper November 13, 2023
............................
FCAI Motor Vehicle Code and Practice Note Undated; reviewed every 5 years
From the Federal Chamber of Automotive Industries
The ABAC Responsible Alcohol Marketing Code
April 2023. Signatories here, June 2024 quarter report here
Therapeutic Goods Advertising Code
DLA Piper/Lex re Therapeutic Goods Advertising March 23, 2023 here
Marketing in Australia of Infant Formula: Manufacturers and Importers Agreement
ASTRA Codes of Practice (including Television and Radio)
Commercial Radio Code of Practice
Commercial TV Code of Practice
Everything you need to know about influencer advertising
Macpherson Kelley January 22, 2024
Influencer Marketing According to AANA. DLA Piper Oct 24, 2023
ACCC Digital Platforms Report #6 - Influencer Sweep Report
ACCC social media sweep targets influencers. 27 January 2023
Commentary on the above from Bird&Bird LLP/ Lex Feb 28, 2023
This is a 'busy' issue in Australia as with most markets. The key self-regulatory rule, established relatively recently, is from the AANA Code of Ethics 2.7 'Advertising or Marketing Communication must be clearly distinguishable as such to the relevant audience.' The related Best Practice Guideline and this short piece July 2022 is essential reading, together with the Australian Influencer Marketing Council (AIMCO) Code of Practice August 2021; more recent (November 2023) comment/ explanation from DLA Piper here. The Australian Consumer law is also relevant under article 29 false or misleading representations. The ACCC - the statutory authority in this context - states: 'The same rules that apply to all advertising and promotions apply to social media, including: a business’s posts on its own social media accounts, advertising on other social media platforms, social media posts that a business pays for, social media posts that a business offers incentives to influencers to make.' See the codes of practice and guidelines from the AANA and AIMCO especially for recommendations on when a post constitutes an ad and how to declare/ identify it. Specifics in our channel section C under online commercial communications or see the linked files. If the fancy takes you, get in touch with AiMCO for their Accreditation Programme and first industry programme “Influencer Marketing Essentials,” which launched June 21, 2023.
Proposed new regulation of digital platforms ACCC December 8, 2023
Competition and Consumer Act 2010 (CCA); as amended and in force November 10, 2022
Schedule 2 - the Australian Consumer Law (ACL) covers inter alia misleading or deceptive conduct, unconscionable conduct, unfair practices, country of origin representations. Relevant clauses are in our following content section B or see the linked file; explanatory memorandum here
NSW Fair Trading Act 1987 No 68; other State Fair Trading laws can be found here
Australia New Zealand Food Standards Code; associated guide here (Feb 2023)
The standards in the Australia New Zealand Food Standards Code are legislative instruments under the Legislation Act 2003
Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021
Australian Competition and Consumer Commission
The ACCC is an independent statutory authority that enforces the Competition and Consumer Act 2010 and other legislation. State and territory consumer protection agencies have powers to enforce the ACL (Australian Consumer Law, schedule 2 of the Act above) in their applicable state or territory. The ACCC is a 'very active' authority (from legal commentary). Their Advertising and Promotions page is here. Their July 2024 update on their Digital Platforms Report is here
Quick guide to advertising content regulatory framework
IAB Australia April 2022
Advertising & Marketing in Australia
Baker McKenzie/ Lex May 2019
Data Processing/ privacy
Privacy issues should be reviewed with specialist advisors
Consumers lack visibility and choice over data collection practices
ACCC May 21, 2024
Chrome’s Third-Party Cookie Phaseout, The 1% Rollout And An Update On Proposed Solutions
IAB Australia January 17, 2024
Australian Data Protection Laws and Regulations 2022 from ICLG
Comparing privacy laws: GDPR v. Australian Privacy Act from Onetrust data guidance and Mills Oakley
Broadcast
AANA Environmental Claims Code. Oct 21, 2024
DLA Piper's Aug 2024 Environmental Advertising Claims Guide includes Australia
Court decision’s impact on global PE managers
and their investors Gilbert + Tobin Aug 13, 2024
ACCC and Glad Ocean plastic; April 18, 2024
ACCC release final environmental guidelines. PR here Dec 12, 2023
APPEA environmental claim ruling made June 28, 2023
Pricing in advertising is often a source of complaint, both consumer and competitor, and sometimes competitor litigation. It’s best to check prices in advertising with legal advisors
1. SELF-REGULATION
1.1. AANA Code of Ethics and Practice Note
1.2. Food and Beverages Code and Practice Note
1.3. Alcohol: ABAC Responsible Marketing Code
1.4. AANA Environmental Claims Code (new code March 2025)
1.5. Advertising to children
2.1. ACL False or misleading representations
2.2. ACL Pricing provisions
2.3. Environmental claims
2.4. Other legislation in advertising
Definitions
In this code, unless the context otherwise requires, advertising means:
Food and Beverages Advertising Code (November 2021)
Food and Beverages Practice Note (November 2021)
S1.1.Advertising and Marketing Messaging Communications to Children for food and/ or beverages must:
Product Placement S1.2.
Use of Products in Interactive Games S1.3.
Advertising in Schools, Pre-Schools and Day Care Centres S1.4.
See also the Quick Service Restaurant Initiative for Responsible Advertising and Marketing to Children March 2018 which adds to the above as follows:
Children's Sporting Events
Availability of Nutrition Information
On-Pack Nutrition Labelling
3. Standards to be applied
(a) Responsible and moderate portrayal of Alcohol Beverages Definition Alcohol Beverage means a beverage containing at least 0.5% alcohol by volume. A marketing communication must NOT:
b) Responsibility toward Minors Definition Minor means a person who is under 18 years of age and therefore not legally permitted to
purchase an Alcohol Beverage in Australia. A marketing communication must NOT:
(c) Responsible depiction of the effects of alcohol. A marketing communication must NOT:
(d) Alcohol and Safety:
A marketing communication must NOT show (visibly, audibly or by direct implication) the consumption of an Alcohol Beverage before or during any activity that, for safety reasons, requires a high degree of alertness or physical co-ordination, such as the control of a motor vehicle, boat or machinery or swimming.
4 No fault breach
A breach of this Code that is reasonably unforeseeable by or outside the reasonable control of the marketer or their agency will be classified as a no fault breach.
The new Environmental Claims Code will take effect on 1 March 2025
You can download the code here
Meanwhile:
https://aana.com.au/self-regulation/codes-guidelines/environmental-claims/
1. Truthful and factual presentation. Environmental claims in advertising or marketing communication:
2. A genuine benefit to the environment. Environmental claims must:
3. Substantiation. Environmental Claims in Advertising or Marketing Communication:
Exposure Draft of new Environmental Claims Code Jan 2024
The key rules are found in the AANA Children's Advertising Code March 2021
New Children's Code from the AANA; Practice Note here
Above effective 1 December 2023
The ACL contains a broad prohibition of misleading and deceptive conduct. Businesses have an obligation not to engage in any conduct that is likely to mislead or deceive consumers. Note that the conduct only needs to be likely to mislead or deceive; it does not matter whether the conduct actually misled anyone, or whether the business intended to mislead - if the conduct was likely to mislead or deceive, the ACL is contravened. In addition to the general rule against misleading or deceptive conduct, the ACL prohibits a variety of false or misleading representations about specific aspects of goods and services. False and misleading representations are more serious than general misleading and deceptive conduct and, where criminal proceedings are taken, can carry serious penalties under the ACL (from the Australian Competition and Consumer Commission; see their pages on false or misleading claims here)
Chapter 2. General Protections
Part 2.1. Misleading or deceptive conduct (key extracts only)
Chapter 3. Specific Protections
Part 3.1 Unfair practices. False or misleading representations etc. (key extracts only)
Pricing in advertising is often a source of complaint, both consumer and competitor, and sometimes competitor litigation. It’s best to check prices in advertising, especially new advertising, with legal advisors
From the AANA Children's Advertising Code March 2021
From section 2.2 Factual presentation
https://www.legislation.gov.au/Search/advertising
Australia New Zealand Food Standards Code; the standards in the Australia New Zealand Food Standards Code are legislative instruments under the Legislation Act 2003;
Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021.
Seven and Nine breach gambling advertising rules. ACMA October 2022
a) School days |
7.30 pm to 6.00 am 12 noon to 3.00 pm |
b) Weekends and school holidays | 7.30 pm to 6.00 am |
c) Public holidays | 7.30 pm to 6.00 am |
This section carries the rules for marketing communications in the broader online space.
More specific channels such as direct electronic communications, advertisers' own websites, native etc. follow.
ACCC Digital Platforms Report #6 - Influencer Sweep Report
This section covers rules for 'direct electronic communications', per the header. By this we mean that we are addressing a particular form of 'direct marketing' and because that term can cover a wide variety of techniques, we define and qualify it. From the OAIC guidelines 7.9 'Direct marketing involves the use and/ or disclosure of personal information to communicate directly with an individual to promote goods and services. A direct marketer may communicate with an individual through a variety of channels, including telephone, SMS, mail, email and online advertising.' The 'electronic' descriptor in this section is intended to separate from e.g. postal mail and the direct marketing element relates to the targeting of individuals and therefore - in some cases - personal information processing. So when setting out the applicable rules, the two core principles that determine their relevance and inclusion are a) whether targeting is 'individual' and personal information may be processed and b) whether delivery to the consumer is electronically. To make those principles perhaps more meaningful, we have in mind email and SMS delivery, for example, though we realise that 'direct electronic communications' may encompass e.g. OBA and even 'broader' channels, which are anyway addressed in separate sections. We also appreciate that much 'direct marketing' may not include processing of personal data.
Privacy issues should be reviewed with specialist advisors
The same principle that applies in paid space also applies in owned, such as marketers’ own websites and SNS spaces: if the communication from the owner is advertising, it's in remit. The AANA Practice Note March 2018 Marketing in the Digital Space states: 'Examples of digital marketing include all forms of commercial communication on Brand-owned websites or brand-managed social media pages (including mobile and tablet versions), including 3rd party user-generated comment (UGC)’ Advertising is defined as.......any activity which is undertaken by, or on behalf of an advertiser or marketer, over which the advertiser or marketer has a reasonable degree of control, and that draws the attention of the public in a manner calculated to promote or oppose directly or indirectly a product, service, person, organisation or line of conduct. It does not include Excluded Labels or packaging for products, corporate reports including corporate public affairs messages in press releases and other media statements, annual reports, statements on matters of public policy Clearly, much content on owned websites won’t be advertising; for clarification of exemptions, see the Practice Note linked above. Notable exceptions include Material, includinmg UGC, over which the brand owner does not have reasonable control, even if brands or products of the brand owner are featured. Corporate reports including corporate public affairs messages in press releases and other media statements, annual reports, statements on matters of public policy and the like are also excluded
Privacy issues should be reviewed with specialist advisors
FOLLOWING FEEDBACK, WE NO LONGER COVER TELEMARKETING
There are two aspects to the way in which we address this section: 1) the collection and use of personal and sensitive information (these terms defined here) when processing data and 2) the content of commercial communications in direct postal mail. Rules, or access to them, are set out below
'Marketing is not direct, and therefore APP 7.1 does not apply, if personal information is not used or disclosed to identify or target particular recipients, for example, where: an organisation sends catalogues by mail to all mailing addresses in a particular location, addressed ‘To the householder’ (that is, where recipients are not selected on the basis of personal information) an organisation hand delivers promotional flyers to the mailboxes of local residents' (Guidelines 7.12);
This section covers rules related to sponsorship of events (versus media)
Wear the cap or don’t wear the cap? A timely reminder to ensure that your sponsorship rights & obligations are clear
Kalus Kenny Intelex March 19, 2024
Magnamail in court for alleged misrepresentations to hundreds of thousands of consumers
ACCC November 8, 2024
The ACCC's Cash back offers and gifts and prizes rules are here.
What Permit Do I Need To Run A Promotion In Australia?
Sales promotions Q&A: Australia (needs sub)
Copy advice
https://adstandards.com.au/education-and-advice/copy-advice
Information and resources about the responsibilities of advertisers and media buyers in relation to the advertising self-regulation system complaints process can be accessed below.
Competition and Consumer Act 2010 (CCA); as amended and in force November 10, 2022. 'The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. 'The Competition and Consumer Act 2010 (CCA) (formerly the Trade Practices Act 1974) is a national law that governs how all businesses in Australia must deal with their competitors, suppliers and customers. The law is designed to enable all businesses to compete on their merits in a fair and open market, while also ensuring businesses treat consumers fairly. Consumer protection provisions are in the Australian Consumer Law (ACL), which is contained in a schedule to the CCA. The ACL governs business behaviour when advertising and interacting with consumers. It also sets out a number of consumer rights, including specific guarantee rights. State, territory and federal regulators including the Australian Competition and Consumer Commission (ACCC) enforce the ACL. Only the ACCC enforces the competition law, which is set out in the CCA.' From A guide to competition and consumer law.
www.legislation.gov.au/Details/C2022C00326
Australian Competition & Consumer Commission. 'The ACCC promotes competition and fair trade in markets to benefit consumers, businesses, and the community. We also regulate national infrastructure services. Our primary responsibility is to ensure that individuals and businesses comply with Australian competition, fair trading, and consumer protection laws - in particular the Competition and Consumer Act 2010.' The ACC publish a considerable amount of helpful information on tehir website including some practical 'walk-throughs' such as the Advertising and Selling Guide
https://www.accc.gov.au/about-us
The Privacy Act 1988 is the principal piece of Australian legislation protecting the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information in the federal public sector and in the private sector. The Act was amended in December 2022 by the Online Privacy Bill, more formally The Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021, which significantly increases penalties under the Privacy Act and also increases the powers of the Australian Information Commissioner (OAIC);
www.legislation.gov.au/Details/C2022C00361 (compilation including act no. 83)
The Australian Privacy Principles (or APPs) 'are the cornerstone of the privacy protection framework in the Privacy Act 1988. They apply to any organisation or agency the Privacy Act covers. There are 13 APPs and they govern standards, rights and obligations around: the collection, use and disclosure of personal information, an organisation or agency’s governance and accountability, integrity and correction of personal information and the rights of individuals to access their personal information.' From the OAIC; also see related APP guidelines (July 2019);
www.oaic.gov.au/privacy/australian-privacy-principles/read-the-australian-privacy-principles
The Do Not Call Register Act 2006. Simplified outline: Unsolicited telemarketing calls must not be made to a number registered on the Do Not Call Register; Unsolicited marketing faxes must not be sent to a number registered on the Do Not Call Register. The main remedies for breaches of this Act are civil penalties and injunctions.
www.legislation.gov.au/Details/C2021C00356 (compilation to 2021)
The Spam Act 2003. Simplified outline: This Act sets up a scheme for regulating commercial email and other types of commercial electronic messages. Unsolicited commercial electronic messages must not be sent. Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message. Commercial electronic messages must contain a functional unsubscribe facility. Address harvesting software must not be supplied, acquired or used. An electronic address list produced using address harvesting software must not be supplied, acquired or used. The main remedies for breaches of this Act are civil penalties and injunctions.
www.legislation.gov.au/Details/C2016C00614 (compilation to 2016)
Australian Information Commissioner (OAIC). 'Our purpose is to promote and uphold privacy and information access rights. We do this by: making sure that Australian Government agencies and organisations with an annual turnover of more than $3 million, and some other organisations, follow the Privacy Act 1988 and other laws when handling personal information, protecting the public’s right of access to documents under the Freedom of Information Act 1982 (FOI Act), carrying out strategic information management functions within the Australian Government under the Australian Information Commissioner Act 2010 (AIC Act).' The OAIC also publish some helpful/ essential guides related to the Privacy Act and Principles, e.g. Australian Privacy Principles guidelines.
www.oaic.gov.au/about-us/what-we-do
Australian Capital Territory
Access Canberra administers the ACT Fair Trading Act 1992- external site and provides information on codes of practice and other business guides for traders.
New South Wales
NSW Fair Trading administers the NSW Fair Trading Act 1987. Fair Trading's Acceptable business conduct provides business operators with information about how to trade fairly in New South Wales.
Northern Territory
Consumer Affairs administers the NT Consumer Affairs and Fair Trading Act 1990. You can find information on trader issues such as advertising, business tenancies, disposal of uncollected goods and product safety.
Queensland
The QLD Office of Fair Trading administers the QLD Fair Trading Act 1989. You can find information on business rights and responsibilities.
South Australia
Consumer and Business Services administers the SA Fair Trading Act 1987 and provides businesses with information on fair trading laws, advertising, handling complaints and warranties.
Tasmania
The Consumer, Building and Occupational Services administers the Australian Consumer Law (Tasmania) Act 2010 and has publications covering many aspects of fair trading.
Victoria
Consumer Affairs Victoria administers the Australian Consumer Law and Fair Trading Act 2012.
Forms and publications are available to help businesses understand fair trading.
Western Australia
Department of Mines, Industry Regulation and Safety administers the WA Fair Trading Act 2010.
Australia New Zealand Food Standards Code. The standards in the code are legislative instruments under the Legislation Act 2003 and are described in the Code, which is a law that applies in Australia and New Zealand. The code provides: a common set of food composition and labelling rules agreed between New Zealand and Australia. Standard 1.2.7 Nutrition, health and related claims. This Standard: (a) sets out: (i) the claims that may be made on labels or in advertisements about the nutritional content of food (described as ‘nutrition content claims’); and (ii) the claims that may be made on labels or in advertisements about the relationship between a food or a property of a food, and a health effect (described as ‘health claims’); and (b) describes the conditions under which such claims may be made; and (c) describes the circumstances in which endorsements may be provided on labels or in advertisements.
www.foodstandards.gov.au/code/Pages/default.aspx
Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021. 'The objects of this Code are to specify requirements for advertisements about therapeutic goods so that advertisements: (a) promote the safe and proper use of the therapeutic goods by minimising misuse, overuse or underuse; and (b) are ethical and do not mislead or deceive the consumer or create unrealistic expectations about the performance of the therapeutic goods; and (c) support informed health care choices; and (d) are not inconsistent with current public health campaigns.
www.legislation.gov.au/Details/F2021L01661
Marketing in Australia of Infant Formula: Manufacturers and Importers Agreement.
www.health.gov.au/internet/main/publishing.nsf/Content/health-pubhlth-strateg-foodpolicy-apmaif.htm
Ad Standards. 'Ad Standards manages the complaint resolution process of the advertising self-regulation system. Our vision is to be Australia’s community voice for complaints about advertising and marketing standards. Our purpose is to give a voice to consumer values and guide industry in maintaining decent and honest advertising aligning with prevailing community standards. Ad Standards functions as secretariat for the Ad Standards Community Panel and the Ad Standards Industry Jury - the two independent bodies established to determine consumer and competitor complaints against the advertising self-regulatory codes. Australia's current system of advertising self-regulation was established by the Australian Association of National Advertisers (AANA) in 1998.'
https://adstandards.com.au/about/ad-standards
The AANA (Australian Association of National Advertisers) Code of Ethics February 2021 is the core self-regulatory code in Australia, 'the overarching code setting out standards that apply to Advertising or Marketing Communication across any medium.' Advertising is defined in the code as follows: '(a) any advertising, marketing communication or material which is published or broadcast using any Medium or any activity which is undertaken by, or on behalf of an advertiser or marketer, over which the advertiser or marketer has a reasonable degree of control, and that draws the attention of the public in a manner calculated to promote or oppose directly or indirectly a product, service, person, organisation or line of conduct, (b). but does not include: labels or packaging for products, corporate reports including corporate public affairs messages in press releases and other media statements, annual reports, statements on matters of public policy. In the case of broadcast media, any material which promotes a program or programs to be broadcast on that same channel, station or network.' The code of Ethics is to be read with the Practice Note, also February 2021, provided as a guide to interpretation.
aana.com.au/wp-content/uploads/2020/09/AANA_Code_of_Ethics_Effective_February_2021.pdf
Food & Beverages Advertising Code November 2021. 'This Code has been adopted by the AANA as part of advertising and marketing self-regulation. The object of this Code is to ensure that advertisers and marketers maintain a high sense of social responsibility in advertising and marketing food and beverage products in Australia in a manner that is legal, honest, truthful and reflects health and safety standards.'
aana.com.au/wp-content/uploads/2021/06/AANA_FoodBev_Advertising_Code_final.pdf
Reklated Practice Note:
aana.com.au/wp-content/uploads/2021/08/AANA_FoodBev_Advertising_Practice_Note_Aug21v.pdf
See also Australian Food and Grocery Council Responsible Children's Marketing Initiative March 2018:
www.afgc.org.au/wp-content/uploads/2019/06/Responsible-Childrens-Marketing-Initiative-March-2018.pdf
Australian Food and Grocery Council Quick Service Restaurant Initiative for Responsible Advertising and Marketing to Children. Adds inter alia provisions on Children's sporting events, availability of nutrition information and on-pack nutrition labelling:
Environmental Claims Code May 2018. 'This Code has been adopted by the AANA as part of advertising and marketing self-regulation. The object of this Code is to ensure that advertisers and marketers develop and maintain rigorous standards when making Environmental Claims and to increase consumer confidence to the benefit of the environment, consumers and industry. This Code is accompanied by a Practice Note which has been developed by the AANA. The Practice note provides guidance to advertisers and complainants, and must be applied by the Ad Standards Community Panel in making its determinations. In the event of any ambiguity the provisions of the Code prevail.'
aana.com.au/content/uploads/2018/03/180316-Environmental-Claims-Code.pdf
Environmental Claims Code Practice Note. 'This Practice Note is provided as a guide to interpretation to assist advertisers, their agencies and the community. The interpretations in this Practice Note are based on the AANA’s intent in relation to the Code and relevant determinations of the Ad Standards Community Panel.'
aana.com.au/content/uploads/2018/03/180316-Environmental-Claims-Code-Practice-Note.pdf
Wagering Advertising Code July 2016. This Code has been adopted by the Australian Association of National Advertisers (AANA) as part of advertising and marketing self-regulation. The object of this Code is to ensure that advertisers and marketers develop and maintain a high sense of social responsibility in advertising and marketing wagering products in Australia:
aana.com.au/content/uploads/2018/03/180316-Wagering-Advertising-Code.pdf
Wagering Advertising Code Practice Note May 2018:
aana.com.au/content/uploads/2018/05/180315-Wagering-Advertising-Code-Practice-Note.pdf
See also Keeping wagering ads in check September 2022
Children’s Advertising Code March 2021. This Code has been adopted by the AANA as part of advertising and marketing self regulation. The object of this Code is to ensure that advertisers and marketers develop and maintain a high sense of social responsibility in advertising and marketing to children in Australia. This Code is accompanied by a Practice Note which has been developed by the AANA. The Practice note provides guidance to advertisers and complainants, and must be applied by the Ad Standards Board in making its determinations. In the event of any ambiguity the provisions of the Code prevail.The code addresses: Prevailing community standards, placement, factual presentation, sexualisation, safety, social values, parental authority, qualifying statements and competitions.
https://aana.com.au/wp-content/uploads/2022/06/AANA_Advertising_Code_for_Childrens_V2.pdf
Children's Advertising Code Practice Note March 2021
aana.com.au/wp-content/uploads/2022/06/AANA_Code_for_Children_Practice_Note_V2.pdf
See also AANA has launched a review of the Children’s Advertising Code June 2022
FCAI Motor Vehicle Code and Practice Note. Undated; reviewed every 5 years. 'The Voluntary Code of Practice for Motor Vehicle Advertising (the FCAI Code) has been instituted by the Federal Chamber of Automotive Industries (FCAI) as a means of industry self-regulation of motor vehicle advertising in Australia. The primary purpose of the FCAI Code is to provide guidance to advertisers in relation to appropriate standards for the portrayal of images, themes and messages relating to road safety.'
adstandards.com.au/sites/default/files/fcai_voluntary_advertising_code_of_practice.pdf
The ABAC Responsible Alcohol Marketing Code. The ABAC Responsible Alcohol Marketing Code is designed to ensure that alcohol is marketed in a responsible manner. Signatories to the Code are committed to ensuring that their marketing complies with the Code’s spirit and intent. The Code complements Australian legislation, the AANA Code of Ethics and media-specific codes relevant to the placement of marketing. Application: (a) The Code applies to all marketing communications in Australia generated by or within the reasonable control of a marketer, except as set out in Section 2(b). This includes, but is not limited to: brand advertising (including trade advertising), competitions, digital communications (including in mobile and social media and user generated content), Alcohol Beverage product names and packaging, advertorials, alcohol brand extensions to non-alcohol beverage products, point of sale materials, retailer advertising, marketing collateral. Signatories here
The Australian Influencer Marketing Council (AIMCO) Code of Practice August 2021. 'The Code of Practice has been created to elevate best practice across the influencer marketing community, protecting all concerned from reputational risk and legal action by not complying with Australian Consumer Law (ACL). The AiMCO Code of Practice has been developed from the feedback, information and discussions that have taken place across the influencer marketing ecosystem. AiMCO’s membership includes both corporate and content creator memberships. Corporate members are businesses and professional individuals from major advertising brands, media and creative agencies, talent representation, social and media marketing agencies, discovery platforms and industry providers such as legal firms. Find out who is a member of AiMCO on our Community Page.'
ASTRA Codes of Practice (including Television and Radio). The Australian Subscription Television and Radio Association (ASTRA) is the peak body representing the subscription media industry in Australia. Members include television operators, independent content companies, technology companies and the industries that support them. ASTRA manages codes of practice, and represents the industry with regulators and government:
www.astra.org.au/advocacy/codes-of-practice
Commercial Radio Code of Practice: This Code commences on 15 March 2017 and applies to all commercial radio broadcasting services operated by a Licensee:
commercialradio.com.au/CR/media/CommercialRadio/Commercial-Radio-Code-of-Practice.pdf
Commercial TV Code of Practice: 'Commercial free-to-air television content is regulated under the Commercial Television Industry Code of Practice. The Code is developed by Free TV Australia in consultation with the public and registered with the Australian Communications and Media Authority (ACMA). The Code regulates content in accordance with community standards; assists viewers in making informed choices about their own television viewing and that of children in their care, and provides effective measures for receiving and handling viewer feedback and complaints. The Code contains provisions dealing with: program classifications; accuracy, fairness and respect for privacy in news and current affairs; advertising time on television; placement of commercials and program promotions; gambling advertisements; and complaints handling.'
www.freetv.com.au/content_common/pg-code-of-practice.seo
Courtesy of https://marketing.com.au/business-directories/marketing-industry-associations/
Australian Association of National Advertisers. The AANA represents the rights and responsibilities of companies and individuals involved in Australia’s $30 billion a year advertising, marketing and media industry. In the common cause of responsible advertising and marketing, the AANA today also serves to protect the rights of consumers in ensuring commercial communication is conducted responsibly within prevailing community standards. At a time of unprecedented change in advertising, marketing and media, the AANA provides ethical leadership, advocates continuous improvement in commercial communication practice, and promotes and protects freedom of commercial speech.
Australian Marketing Institute (AMI). The leading organisation for marketing professionals in Australia. The Australian Marketing Institute’s record of service to the marketing profession goes all the way back to the institute’s origin in 1933. Over the intervening years we have continually evolved to meet the changing needs of marketers, delivering services to help members maximise their professional growth. Today the AMI represents professional marketers throughout Australia, including practitioners from all marketing functions and industries. Through our unified voice, the Institute has established strong links with business, academia and government to become the voice of the marketing profession. The AMI runs marketing training courses and holds a national conference each October and many local events throughout the year.
Interactive Advertising Bureau. The Interactive Advertising Bureau (IAB) Limited is the peak trade association for online advertising in Australia and was incorporated in July 2010. As one of over 40 IAB offices globally, and with a rapidly growing membership, IAB Australia’s principal objective is to support and enable the media and marketing industry to ensure that they thrive in the digital economy. The role of the IAB is to work with its members and the broader advertising and marketing industry to assist marketers to identify how best to employ online as part of their marketing strategy, to better target and engage their customers and build their brands.
http://www.iabaustralia.com.au/
Australian Association of Social Marketing.
The Exhibition and Event Association of Australasia (EEAA) is 'the peak association for the exhibition and event industry in Australia and New Zealand, representing all aspects of the exhibition and event industry.'