Marketing Law

KHQ News & Insights

Cambridge Analytica – who’s to blame?


Posted By on 2/05/18

By Naomi Stephens (Paralegal) and Amelia Edwards (Lawyer) The headlines are screaming, the politicians are pontificating: the Cambridge Analytica data breach scandal has turned the spotlight on Big Bad Data, and through all the huffing and puffing that has followed the unshaken public consensus seems to be that Facebook has, by negligence or design, thrown … Read more

Court hammers builder over online reviews


Posted By on 20/12/17

The Federal Court has ordered Perth builder, Aveling Homes Pty Ltd, to pay penalties totalling $380,000 for engaging in misleading and deceptive conduct regarding the manipulation of online reviews of its products and services. What happened? Aveling Homes owned and controlled two websites for customers to post reviews about their experiences with both it and … Read more

MLA ad banned following independent review


Posted By on 7/12/17

In a rare move, an Advertising Standards Board ruling regarding an ad by Meat & Livestock Australia (MLA) has been overturned following an independent review. What happened? To celebrate spring lamb, MLA produced an ad entitled “You never lamb alone” and which depicted a group of religious icons and deities sitting down to enjoy an … Read more

TPG fined for infringing spam laws


Posted By on 20/11/17

In a warning to businesses which engage in email marketing, telecommunications giant TPG has been fined by the Australian Communications & Media Authority (ACMA) for breaching the Spam Act 2003 (the Act). Background Under the Act, businesses sending commercial electronic messages, such as e-newsletters and marketing emails, must comply with (amongst other things) three key … Read more

Court rules Meriton manipulated online reviews


Posted By on 16/11/17

The Federal Court has found that Meriton Serviced Apartments (Meriton) engaged in misleading and deceptive conduct regarding online reviews of its properties posted on the TripAdvisor website. Background to the case TripAdvisor provides a “Review Express” service to participating businesses.  A participating business provides TripAdvisor with the contact details of customers who have consented to … Read more

ASB in hot pursuit of Apple Music & Delta Goodrem for reckless advertising


Posted By on 24/07/17

The Advertising Standards Board (“ASB”) has criticised an Apple Music television commercial featuring Australia singer and The Voice judge Delta Goodrem, and determined that it breached prevailing community standards about safe driving. What happened? The ad, broadcast during the finale of The Voice, features Goodrem in the passenger seat of a convertible BMW choosing an … Read more

Advertising regulation and influencers – AANA revises Code of Ethics


Posted By on 22/03/17

Advertising in Australia is regulated by various laws and codes, including the Australian Association of National Advertisers (AANA) Code of Ethics. The Code is administered by the AANA, the advertising industry’s self-regulatory body. Influencer marketing has exploded in recent years, as brands seek new ways to reach target audiences and ‘tell a story’. And where … Read more

Court finds Snowdale not so eggscellent


Posted By on 24/05/16

Just weeks after a major supplier of free range branded eggs, Free Range Egg Farms (FREF), was found to have breached the Australian Consumer Law, yet another supplier has come under fire by the ACCC and the Federal Court for misleading and deceptive conduct. (Read our blog on the recent FREF prosecution.) Background One of … Read more

Harvey Norman franchises under ACCC fire


Posted By on 4/02/16

Since 2013, the ACCC has successfully prosecuted nine Harvey Norman franchisees across the country in relation to false and misleading representations regarding the consumer guarantees provisions under the Australian Consumer Law. And it has just claimed its 10th scalp. The Federal Court found that Bunavit Pty Ltd, a former Harvey Norman franchisee located in Queensland, … Read more