For aspiring content creators, working with brands can be an exciting way to turn your social media presence into a career. But whether you’re filming a TikTok, reviewing products on Instagram, or creating branded videos for YouTube, there’s an important part of the job that goes beyond making engaging content: understanding when and how to disclose advertising.
Australia has advertising standards, consumer-protection laws, and industry guidelines that apply to influencer marketing. Knowing the rules can help you build trust with your audience, work professionally with brands, and avoid potential compliance problems.
This guide focuses on one of the practical responsibilities that comes with the job of being a content creator: advertising disclosure.
Note: This feature is intended as general guidance only and is not legal advice. Information is correct at the time of publishing. Laws, industry guidelines, and platform policies can change, so check the latest guidance from the ACCC, Ad Standards, AANA, and the relevant social media platform before publishing commercial content.
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Influencer marketing regulations cover the laws, advertising standards, and platform policies that govern how creators promote products, services, and brands online.
The Code of Ethics set by the Australian Association of National Advertisers (AANA) is an important industry reference. Section 2.7 of the code requires advertising to be clearly distinguishable as advertising. The AANA’s guidance on influencer and affiliate marketing content emphasises that commercial relationships should be clear, obvious, and up front.
Examples of disclosure wording to include in your post caption are: “#ad,” “advert,” “advertising,” “branded content,” “paid partnership,” and “paid promotion.”
The AANA Code of Ethics and AiMCO Best Practice Guide provide further information for creators and brands.
The Australian Competition and Consumer Commission (ACCC) also plays an important role. Australian consumer law applies to social media advertising, which means businesses must not make false or misleading claims. Influencers should take care that their endorsements and product claims are truthful and can be supported.
The ACCC’s guidance on social media promotions contains more information.
You don’t necessarily need to receive a cash payment for a post to involve advertising. The type of benefit you receive and your arrangement with a brand are important.
Paid partnerships
If a company pays you to create a TikTok, Instagram Reel, YouTube video, or other promotional content, you should clearly disclose the commercial relationship.
If a skin-care company pays you to demonstrate its new moisturiser, for example, it’s important that your audience is able to recognise that the content is advertising. A disclosure such as “#ad” or “paid partnership” can help make that clear.
The disclosure should be easy to notice and understand, rather than hidden at the bottom of a long caption or among unrelated hashtags.
Gifted products and free services
What if a brand sends you a free product? Receiving a product or service instead of money does not automatically mean the content you post about it is organic. The ACCC’s guidance advises influencers to clearly disclose promotional posts when they receive free products, tickets, or other gifts and incentives.
The AANA Code of Ethics states that when an influencer accepts free products or services from a brand in exchange for promoting its products or services, the commercial relationship must be clear, obvious, and up front. It gives examples such as “#ad,” “advert,” “advertising,” “branded content,” and “paid partnership,” while noting that less clear labels such as “gifted” may not be sufficient on their own.
If a clothing brand sends you a free outfit and asks you to create a video wearing it, for example, you should disclose the commercial relationship clearly, even if you haven’t received a cash payment. (If you’ve received unsolicited items by brands, however, you are under no legal obligation to post about or review them.)
Affiliate links and discount codes
Affiliate marketing is another common way for creators to earn income. You may receive a commission when someone buys a product through a unique link or discount code that you’ve generated with the help and approval of the brand.
This commercial relationship should be disclosed clearly. For example: “Ad: This post contains affiliate links, which means I may earn a commission if you purchase through them.”
Your wording should accurately reflect the arrangement. If you’re unsure whether a particular relationship requires disclosure, check the current guidance and seek legal advice when necessary.
Is a hashtag enough? A hashtag such as “#ad” can be an appropriate disclosure, provided it is clear, prominent, and easy for your audience to understand.
A good disclosure should be:
- Clear: Use familiar language such as “ad,” “advertising,” or “paid partnership.”
- Up front: Place the disclosure where viewers are likely to notice it.
- Easy to understand: Avoid vague abbreviations or labels that your audience may not recognise.
- Appropriate to the format: Consider how the disclosure will appear in videos, Stories, captions, and livestreams.
For video content, written disclosure is particularly useful because viewers may have their audio turned off. Consider including a disclosure in the video itself, as well as in the caption when appropriate.
A disclosure is not a substitute for truthful advertising. Claims about a product’s benefits, performance, or results should be accurate and supported by reasonable grounds.
Instagram, TikTok, and YouTube are among the major platforms used by influencers and user-generated content (UGC) creators in Australia. Facebook and other social networks also have their own commercial content policies.
Instagram provides branded content tools, including its “paid partnership” label. If you’re creating sponsored content, check whether you need to use Instagram’s branded content disclosure tools.
A platform label can support transparency, but it does not automatically address every applicable legal or advertising requirement. (Read Meta’s branded content policies.)
TikTok
TikTok requires creators promoting a brand, product, or service to turn on its content disclosure setting. The platform distinguishes between “paid partnership” for promoting another brand and “promotional content” for promoting your own brand, product, or service. TikTok states that content without the required disclosure may be removed or restricted. (Read TikTok’s official guidance.)
YouTube
YouTube allows creators to declare branded content through the “paid promotion” setting in YouTube Studio. This is relevant to sponsorships, endorsements, and other commercial arrangements. (Check YouTube’s branded content policy for current requirements.)
Platform policies can change, so check the relevant creator help centre before publishing a campaign.
Failing to label sponsored content isn’t just a matter of reputational damage. Depending on the circumstances, undisclosed or misleading advertising can raise concerns under Australian consumer law, industry advertising standards, and platform policies.
Potential consequences include:
- Platform action: Content may be removed, restricted, or otherwise penalised for breaching platform policies.
- Advertising complaints: Consumers can raise concerns with Ad Standards under relevant advertising codes.
- Consumer law risks: Misleading or deceptive conduct, including false product claims, can result in regulatory scrutiny and enforcement action.
- Professional relationships: Brands may reconsider collaborations if creators fail to meet disclosure requirements or undermine audience trust.
The ACCC has published guidance on social media influencer testimonials and endorsements, including the importance of transparent promotional relationships and truthful claims.
Disclosure and misleading claims are related but separate issues. Labelling a post as an advertisement does not give you permission to make inaccurate claims about a product.
Before publishing your next brand collaboration, check that you have:
- Identified the commercial relationship: Have you received payment, free products, services, tickets, or another benefit?
- Checked the agreement: Confirm the brand’s disclosure requirements before creating content.
- Used clear disclosure wording: Consider including “ad,” “advertising,” or “paid partnership” in the content’s caption, depending on the arrangement.
- Activated native platform tools: Use the relevant branded content or paid promotion feature when available.
- Made the disclosure prominent: Ensure that viewers can easily identify the commercial nature of the content.
- Checked product claims: Make sure your statements are truthful, accurate, and supported by reasonable grounds.
- Reviewed current guidance: Check the latest Australian advertising guidance and platform policies before publishing.
For aspiring content creators, advertising disclosure is part of building a sustainable and professional career. Taking a few minutes to check the rules before publishing can help you communicate honestly with your audience, meet brand expectations, and develop good working habits as you grow.
