Why You Need Influencer Guidelines
In today’s digital age, leveraging influencers to promote your brand is #trending.
Influencers can hold substantial sway over consumer perceptions and effectively boost engagement.
However, with great power comes great responsibility! Influencers and brands need to ensure transparency, authenticity, and compliance with legal standards when collaborating.
For businesses engaging with influencers in Australia, adhering to the Australian Consumer Law (ACL) is not just a question of legal compliance; it’s essential to maintain trust and best practice. It’s also an area that’s a hot topic for Australia’s competition and consumer law regulator, the ACCC, who are actively monitoring influencer and brand collabs.
Accurate Representation and Transparency
One of the fundamental aspects of ACL compliance when collaborating with influencers is ensuring accurate representation of products or services. Misleading or inflated claims about product benefits can deceive consumers, leading to potential legal repercussions. For instance, exaggerating health benefits could mislead consumers, violating ACL provisions.
Brands and influencers should also adhere to advertising standards set by authorities like the Australian Association of National Advertisers and the ACCC.
Disclosure of Commercial Relationships
Transparency is non-negotiable in influencer marketing. When influencers receive gifts or compensation in exchange for promoting products or services, they must disclose these relationships clearly. Using hashtags like #Ad, #Gifted, or #Sponsored ensures that followers understand when content is promotional. Clear disclosure methods—whether in captions, verbal statements, or using platform features are crucial to maintaining trust and complying with the ACL.
In December 2023, the ACCC conducted a “sweep” of 118 influencers across various social media platforms. Of these, 81 per cent were found to be making posts that raised concerns under the ACL for potentially misleading advertising. The most common issue identified in the sweep was influencers not disclosing brand relationships.
Authenticity in Testimonials and Reviews
Consumer trust hinges on authenticity. Influencers must provide genuine testimonials and unbiased reviews based on their actual experiences with products or services. Authenticity not only enhances credibility but also aligns with ACL principles by preventing deceptive practices that could mislead consumers.
This also means when asking for testimonials or reviews, there should be no strings attached. Asking an influencer to provide a positive review in return for free product is a big no-no! The review must be genuine, even if this means it’s not a glowing one.
Nobody likes a spammer
Influencers should use social media responsibly, avoiding spammy tactics or intrusive behaviour that could compromise user experience or violate privacy rights. Ethical conduct on social platforms not only fosters positive brand perception but also mitigates legal risks associated with non-compliance.
Get those guidelines!
Implementing comprehensive influencer guidelines is not just a matter of regulatory compliance; it’s about safeguarding brand reputation, fostering consumer trust, and promoting ethical marketing practices.
They should give influencers clear directions on the brand’s expectations in promoting the product or service, that complies with the ACL. It should also provide for mechanisms for monitoring and reporting issues related to promotional content. Prompt reporting allows brands to address concerns swiftly, demonstrating commitment to compliance and consumer protection.
If you don’t have influencer guidelines in place, reach out to us at [email protected] for help!