Legal And Ethical Sides Of Social Media Advertising, The Case Of Australia


This article’s primary concern is social media companies and any commercial actors that use social media who face legal issues involving social media. However, every famous social and mobile platform raises new legal questions, as they are widespread across the globe, so international cybercrimes or regulation violations may be left unpunished. However, there are particularly safe and legal methods to boost companies’ or individual social media profiles. For example, SocialWick is an assistant website that provides fast and effective services on the social market, and it accounts for several million completed orders and more than five hundred thousand customers.

Social Media Marketing Is The New Norm

Nowadays, most of the major brands, companies, and customers, who are involved in online marketing processes possess individual social media accounts. Some may even have marketing strategies for eBook distribution to increase the efficacy of their marketing plans. Posts from companies’ and brands’ accounts are called “corporate speech” and have some risks. For example, posts can be used against a company to accuse it of illegal and immoral content, or even for deceit, like false advertising. Thus the rapidly spread information that is publicly available can easily damage a company’s image or create some liability risks. So, It is essential for companies that exploit business accounts to know of these potential issues and acknowledge the written policy about these accounts’ use.

Generally, various regulations, laws, and agencies cover social media marketing issues. For example, the Securities & Exchange Commission (SEC), National Labor Relations Act, the Federal Trade Commission (FTC), Food & Drug Administration (FDA) in the US. Agents act, Competition and consumer act, customer protection law, Australian customer law of misleading or deceptive conduct in Australia.

 The Review of Australian Business Laws

“Agents act” implies that the illegitimate use of famous people’s names may be considered illegal. Agents are people who are hired by the business representative to act on their behalf. The task of the agent is to act on behalf of his contractor company by forming an official agreement between them. The relationship between a company and an agent can arise in many ways, by written or verbal contract or by ratification. 

“Competition and consumer act” 

It was developed in 2010, the rule refers to consumer protection. Specifically, in section 18, it is pointed out that a person in trading or commercial business is prohibited from engaging in false, misleading, and deceptive representations, claims, or actions. It is common for advertisements to contain some information in fine print that does not contradict the overall message of the advertisement but is different from reality.

“Australian customer law of misleading or deceptive conduct.” 

The law relates to actions and claims, such as advertisements, promotions, quotations, statements, or any kind of representation made by a person. These statements are considered misleading if the overall impression created by them is false or inaccurate. Business performance is against the law if it makes a misleading overall picture among the audience about the price, value, availability, or quality of consumer goods or services. This case, mainly, refers to bait advertising – a sort of misleading conduct, as it shows up when an advertising promotes specific prices on products that are not available or available in limited quantities. However, if the business clearly states about limited supply, the ad will not be considered false or misleading.

Moreover, the liability of the media is also questionable; according to the law, as mentioned earlier, social media is not responsible for spreading misleading messages, only if it was a vehicle or platform for a business’s deceitful strategy. However, advertisers are obligated to be particularly cautious in relation to the products and services they advertise for their clients. Misleading or deceptive conduct may result in court-ordered legal proceedings, including declarations, damages, punitive, compensation, and disqualification orders. On the other hand, ACCC (Australian Competition and Consumer Commission – authority whose role is to enforce the Competition and Consumer Act and form additional legislation, to promote competition, fair trading, and regulation for the county’s benefit) may also accept notices and public warning notices. The goal of ACCC is to be a responsive regulator, and it provides processes in place for collecting information and consulting with parties such as businesses, stakeholders, and customers. 


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