Australian regulator sweeps social media to identify misleading testimonials by influencers
The Australian Competition and Consumer Commission (ACCC) has launched a sweep to identify misleading testimonials and endorsements by social media influencers. It will also look at more than 100 influencers mentioned in over 150 tip-offs from consumers who responded to the ACCC’s Facebook post asking for information.
Most of the tip-offs from members of the public were about influencers failing to disclose their affiliation with the product or company they are promoting.
“The number of tip-offs reflects the community concern about the ever-increasing number of manipulative marketing techniques on social media, designed to exploit or pressure consumers into purchasing goods or services,” ACCC Chair Gina Cass-Gottlieb said.
“Already, we are hearing some law firms and industry bodies have informed their clients about the ACCC’s sweep, and reminded them of their advertising disclosure requirements,” Ms Cass-Gottlieb said.
The sweep is being run over the coming weeks as part of the ACCC’s compliance and enforcement priorities for 2022/23, with the broad aim of identifying deceptive marketing practices across the digital economy.
As part of the sweep, the ACCC team is reviewing a range of social media platforms including Instagram, TikTok, Snapchat, YouTube and Facebook, and livestreaming service, Twitch. The sweep is targeting sectors where influencer marketing is particularly widespread including fashion, beauty and cosmetics, food and beverage, travel, health fitness and wellbeing, parenting, gaming and technology.
In conducting the sweep, the ACCC is also considering the role of other parties such as advertisers, marketers, brands and social media platforms in facilitating misconduct.
Many consumers are aware that influencers receive a financial benefit for promoting products and services. However, the ACCC remains concerned that influencers, advertisers and brands try to hide this fact from consumers, which prevents them from making informed choices. This can particularly apply to micro influencers with smaller followings, as they can build and maintain a more seemingly authentic relationship with followers to add legitimacy to hidden advertising posts. The ACCC is therefore monitoring a mix of small and larger influencers in the sweep.
This sweep follows a similar initiative carried out in 2022, which focused on identifying misleading online reviews and testimonials posted on business’ websites, their social media pages and third-party review platforms. A report outlining the findings from 2022 will be published in the coming months.
“Online markets need to function well to support the modern economy. Part of that is ensuring consumers have the confidence they need to make more informed purchasing decisions,” Ms Cass-Gottlieb said.
The ACCC will publish the findings of this sweep once the results have been analysed.