Knowledge

Complimentary Private Briefing: Communications Law Update 2022

Thank you for joining us on our recent Webinar where Stephen von Muenster presented on this important topic for advertisers and agencies. Click the link below for a free pdf download of the PowerPoint slides. We trust you will find them useful. Download the 2022 Comms Law Update Webinar PDF
Finfluencers have been warned
ASIC has recently released an information sheet for social media influencers who discuss financial products and services online (finfluencers) and Australian Financial Services licensees who use influencers, to clarify the regulator’s stance on the delivery of unlicensed financial advice by finfluencers. This comes after a 2021 ASIC survey which found that over a quarter of...
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What the changes to SA Lottery Legislation means for you 
The new Lotteries Regulation 2021 (SA) came into effect on 10th December 2021, operating under the Lotteries Act 2019, making changes to the lotteries landscape in South Australia. The changes to regulations concerning Trade Promotions that will impact you most are detailed below: For reference, a major trade promotion lottery is that which has a prize...
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Employsure fined $1 million by Federal Court for misleading Google Ads
The Full Federal Court recently found in August 2021 that Employsure had made misleading representations that it was, or was affiliated with, a government agency (Australia Competition and Consumer Commission v Employsure Pty Ltd [2021] FCAFC 142) during an SEM Google Ad words campaign. Employsure Pty Ltd is private company that advises employers and businesses...
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Digital Advertising Services Inquiry
In February 2020, the Morrison Government instructed the ACCC to launch an inquiry into Digital Advertising Services in the Australian market. On 28 September 2021, the ACCC released Final Report from this inquiry. The main issues centred around competition in the Australian ad tech services market, the steadfast dominance of Google in that market, data...
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Keeping Influencers Honest
In February 2021, The Australian Association of National Advertisers (AANA) updated their Distinguishable Advertising requirements under Section 2.7 of the Code of Ethics (the Code), which now simply states: “Advertising shall be clearly distinguishable as such”. Since then, numerous complaints have been made against mega, macro, and micro influencers, triggered by the lack of commercial...
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Can I use competitor trade marks in my SEO and Adwords?
Can I use competitor trade marks in my SEO and Adwords? In the competitive world of online advertising, brands look for any advantage they can find to improve website traffic and conversions. Search engine optimisation (SEO) and search engine marketing (SEM) are two of the many online marketing fronts where businesses compete. However, case law...
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