ACCC and ASIC rules for influencers: When does sponsored content cross the line?

Australian influencers and content creators need to understand that sponsored posts can attract the attention of regulators. In March 2026, online retailer PhotobookShop paid $39,600 in penalties after the Australian Competition and Consumer Commission (ACCC) issued two infringement notices over allegedly misleading influencer reviews posted on Instagram.

The rules can become even more complex when creators discuss financial products, where the Australian Securities and Investments Commission (ASIC) may also come into the picture.

Here’s what creators should know about ACCC and ASIC rules, sponsored content and how insurance may help with certain legal defence costs.

What happened in the PhotobookShop influencer case?

Between August 2024 and September 2025, the ACCC alleged that Tomsen Consolidated Pty Ltd, trading as PhotobookShop, commissioned influencers to create social media reviews and, on 107 occasions, instructed them not to disclose that they had received free products worth about $50 to $400 in exchange for their reviews.

Originally, the investigation began after an influencer raised concerns with the ACCC about PhotobookShop’s proposed arrangement.

The ACCC also alleged that PhotobookShop substantively edited another influencer review to remove negative comments before posting the video on Instagram, changing its overall impression.

Then, on 24 March 2026, the regulator announced that PhotobookShop had paid $39,600 in penalties after receiving two infringement notices over allegedly misleading influencer reviews. Payment of the penalties was not an admission that the Australian Consumer Law (ACL) had been contravened.

Why does the PhotobookShop case matter to influencers?

Sponsored social media content is still subject to Australian consumer law. The PhotobookShop case matters because it shows the ACCC is prepared to take enforcement action against businesses over undisclosed influencer content.

Ariel Kantor is the Head of Risk and Compliance at BizCover. He says that the PhotobookShop case demonstrates how influencer marketing can attract scrutiny under Australian consumer law.

“For creators, the important lesson is that sponsored content is still advertising. Whether you’re paid in cash, given a free product or receive another benefit, you need to think about how the post will appear to your audience and whether the claims you’re making are clear and accurate.”

The ACCC specifically warns that influencers, businesses hiring them and third-party facilitators need to understand their ACL obligations.

In other words, says Ariel, “Getting paid or receiving a free product does not make the legal responsibility disappear. Your audience still needs to be able to understand when content has a commercial connection.”

What ACCC rules should Australian influencers know?

Australian Consumer Law applies to advertising on social media just as it does to other advertising. The Australian Competition and Consumer Commission (ACCC) is the government body responsible for enforcing Australian Consumer Law and protecting consumers from misleading or deceptive business practices.

“For influencers, the key points are simple. Make commercial relationships clear and don’t make false or misleading claims,” says Ariel.

Sponsored and gifted content needs clear treatment

If you receive money, free products, gifts or another incentive to promote something, your audience should be able to tell there is a commercial relationship. The ACCC says social media promotional posts should be clearly disclosed in a way that is immediately obvious to consumers.

Separate industry rules also apply. For example, the AANA Code of Ethics requires advertising to be clearly distinguishable from other content.

Influencers should also consider the claims they make

“Influencers also need to understand that disclosure doesn’t make an inaccurate claim okay,” says Ariel. “The ACCC states that claims made on social media must be truthful and accurate.”

For example, don’t tell followers a skincare product cleared your acne if you haven’t actually had that experience. Even if the post is clearly labelled as an ad, the claim itself could still mislead your audience.

What are ASIC’s rules for influencers and finfluencers?

ASIC is the government body that regulates Australia’s financial services and markets, which means it has a stake in what influencers promote when they discuss financial products and services.

ASIC’s rules can apply to content on social media, YouTube and blogs, including sponsored posts. ASIC also monitors online financial content for misleading claims and unlicensed financial services. And it is actively monitoring these spaces.

In April 2026, ASIC issued warning notices to four finfluencers suspected of providing unlicensed financial advice or engaging in misleading conduct. It also began reviewing the supervision of 15 finfluencers operating under Australian Financial Services (AFS) licences.

When can content become financial product advice?

Sharing facts about a financial product is different from recommending it. ASIC says financial product advice can include a recommendation or opinion intended to influence someone’s decision about a financial product.

“This means that creators need to think carefully about how financial information is presented, not just whether the information itself is factual,” says Ariel.

Sponsored financial content carries extra considerations

Payment or sponsorship can also matter. ASIC says receiving a benefit for comments about financial products can make it more likely that the content is financial product advice because it can indicate an intention to influence the audience.

Creators should therefore consider the overall impression of sponsored financial content, including any recommendations, endorsements and claims they make.

What should influencers check before posting sponsored content?

Before publishing sponsored content, take a moment to check what you’re saying and how the commercial relationship is presented.

These are Ariel’s six top tips:

1. Identify the relationship: Are you being paid, gifted a product or receiving another benefit?

Make sponsorship clear: Disclose the commercial relationship in a way your audience will immediately notice.

• Check your claims: Make sure factual claims are accurate and can be supported.
• Take extra care with financial products: Financial content can attract additional ASIC rules.
• Keep records: Save briefs, approvals, agreements and copies of published content.
• Get help when needed: If you’re unsure about your obligations, consider seeking appropriate professional advice.

What can influencer insurance cover?

Influencer insurance is designed to help cover certain claims third parties make against your business.

BizCover’s insurance offering for content creators and influencers combines Professional Indemnity, Public Liability, and Cyber Liability insurance.

Professional Indemnity insurance covers you for losses claimed by a third party and defence costs due to alleged or actual negligence in your professional services or advice

If a member of the public (such as a customer, supplier, or delivery person) claims your negligent business activity injured them or damaged their property, Public Liability insurance can help cover the costs of setting things right.

Cyber Liability insurance can help you manage many types of cybercrime (like cyberattacks, ransomware, and data breaches) by covering legal costs, data recovery, fines and penalties, and other expenses related to the cyber event.

Insurance generally does not cover fines or penalties imposed by a regulator such as the ACCC or ASIC. The fines and penalties cover in Cyber Liability insurance relates to a cyber event, not regulatory action over your content. Whether any cover applies, including for legal costs, will depend on the specific policy and your circumstances.

Compare influencer insurance online

Running a creator business involves more than creating content. You can compare business insurance options for content creators and influencers through BizCover and see what cover is available for your business activities.

This information is general advice only and does not take into account your objectives, financial situation or needs. It should not be relied upon as personal advice. As with any insurance, cover will be subject to the terms, conditions and exclusions contained in the policy wording or Product Disclosure Statement (available on our website). Please consider whether the advice is suitable for you before proceeding with any purchase. Target Market Determination document is also available (as applicable).

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