Regulatory Overview
Having designed and delivered the self-regulatory component of regulation controlling advertising and marketing communication in Australia, the AANA has a strong ongoing commitment to self-regulation.
Today, Australia’s internationally-recognised system of self-regulation remains under the control of AANA codes, as administered through the Advertising Standards Bureau and Advertising Standards Board.
The AANA sponsored the formation of the Advertising Standards Bureau and Board in 1998, since when it has operated under separate management, funded by a levy on advertising administered by the Australian Advertising Standards Council Ltd.
With advertisers, marketers and media sharing a common interest in promoting consumer confidence in and respect for advertising and marketing communications, the self-regulatory system has industry-wide backing.
Complaints about advertising are determined by the Advertising Standards Board, while competitive complaints are referred to the Advertising Claims Board.
The Advertising Standards Board comprises a representative cross-section of the community, providing a free public complaints resolution service. It considers complaints about any form of Australian published, broadcast or online advertising in relation to issues including:
- the use of language
- the discriminatory portrayal of people
- concern for children
- portrayal of sex, sexuality and nudity,
- health and safety.
The Advertising Claims Board provides a competitive claims resolution service on a user-pays cost recovery basis, adjudicating on issues of:
- truth
- accuracy
- legality of advertising.
With their authority resting on the industry's adherence to prevailing community standards, both boards make their determinations under appropriate sections of the Advertiser Code of Ethics as prescribed by the AANA.
Advertising Regulation Useful Links:
Competition and Consumer Act 2010
www.fairtrading.nsw.gov.au
www.consumer.vic.gov.au
www.consumer.qld.gov.au
www.ocba.sa.gov.au
www.docep.wa.gov.au
www.consumer.tas.gov.au
Australian Copyright Act
Consumer Credit Code
Food Standards Australia New Zealand (FSANZ)
Privacy Act
Spam Act
Therapeutic Goods Act
Gambling / Gaming
Please refer to State or Territory Governments for details of regulations and guidelines.
Media Clearance Procedures Useful Links:
Australian Publishers' Bureau
Commercial Radio Advertising Standard
Commercial Television Australian Code of Practice
Free TV Australia
Outdoor Media Association
Please Note: This list is intended to provide information on useful websites and contacts only. AANA recommends that advertisers and marketers seek appropriate legal advice to ensure adherence to all necessary regulations.
