Distinguishable advertising: determination summary

As of 1 February 2021, updates to this Section of the Code of Ethics removed the ‘relevant audience’ test and continue to ensure promoted products or services are explicitly identified in posted content. The new version of the Code can be found on the AANA website.
 

Issues highlighted in cases relating to Section 2.7 of the Code that have been considered include:

  • Social media advertising which compensates influencers for promoting a product should be clearly distinguishable as an advertisement. 
  • Advertising on all platforms should be easily distinguishable as such 


 

The Community Panel has found a number of advertisements to breach this Section of the Code.

The Community Panel’s view is:

  • Television infomercials that do not clearly state that the segment is an advertisement will likely breach this Section of the Code.
  • Advertisements that use the style of news content will likely breach this Section of the Code is they do not clearly state the segment is advertising.
  • Social media posts which fail to clearly disclose a commercial arrangement between an influencer and an advertiser will breach this Section of the Code.

 

The Community Panel has dismissed a number of cases under this Section.

The Community Panel’s view is:

  • Advertorial content that includes ‘this content brought to you by’ or clearly distinguishes the advertorial segment from the television show it is appearing on does not breach this Section of the Code.
  • Advertising content which takes on the appearance of the television program being watched and has the advertiser’s brand clearly visible will not breach this Section.
  • Clear disclosure of a commercial arrangement between an advertiser and an influencer in a social media post will not breach this Section. 
  • Social media posts where an advertiser or product is not clearly identified, the audience's attention isn't draw to the product or advertiser, and there is no clear indication that the advertiser has any involvement with, or control over, the post will most likely not breach this Section.