Competition & consumer.

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Navigating social media influencer requirements

In recent years, social media influencers have transformed the way brands engage with consumers. Influencers carry significant power in shaping trends, opinions and purchasing decisions of consumers. However, this newfound influence has also brought about a set of legal responsibilities that brands engaging influencers must understand and navigate.

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Domain name disputes: the Wild West of the internet

In the vast expanse of the internet, domain names are like digital storefronts, essential for businesses and individuals to stake their claim online. However, amidst the plethora of legitimate domain registrations, a darker practice known as cybersquatting lurks. This phenomenon occurs when individuals register domain names in bad faith, aiming to profit from the reputation of established trade marks or businesses.

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Countdown to change: preparing your business for changes to the unfair contract terms regime

Australia currently provides protections, via the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act), against unfair contract terms (Unfair Contract Terms Regime). The Unfair Contract Terms Regime applies to consumer contracts and small business contracts that are considered standard form contracts.

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Ready to enter the metaverse? Privacy risks companies need to know

The metaverse is an interactive digital environment encompassing all virtual worlds, augmented reality and the internet. A space where users can interact with a computer-generated environment and other users in real time. In simple terms, a 3D version of the internet. 1. Facebook’s nod to the metaverse Following Facebook’s rebranding to Meta, privacy concerns have been raised given Facebook’s history…

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Copyright has entered the chat … GPT

Key takeaways Recent developments of ChatGPT has triggered debate surrounding the legalities of its content. ChatGPT threatens authors and artists whose work may be used in ChatGPT content without their permission. ChatGPT also raises copyright issues for those who use ChatGPT to create content, as without a human author, it can be difficult to claim copyright infringement. ChatGPT is an…

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Don’t get swept up in ACCC’s influencer crackdown.

Each year, the Australian Competition and Consumer Commission (ACCC) announces its Compliance and Enforcement Priorities. In 2022-23, one of its priorities was to identify deceptive marketing practices across the digital economy. On 27 January 2023, the ACCC announced that it will be starting a sweep to identify misleading testimonials and endorsements by social media influencers. This comes as members of…

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SMS: Scam Message Service?

Have you recently received a text that didn’t seem right? Maybe it looked like one of these: 'Your package is on its way: get it as soon as possible! Click this link!' 'Hello, I've seen this video of you on the internet! Click here to see!' 'Hi, do you need a part time job? Click this link!' If that's a yes...

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Key ACCC priorities for 2022

In early March 2022, Rod Sims handed down the ACCC's 2022/2023 Compliance and Enforcement Priorities. Some issues and industries of concern include manipulative digital advertising techniques, exclusive arrangements that impact competition and false 'green' credentials.

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A hefty price for a Google Ad

When seeking out answers, we all reach for Google, the most commonly used platform for information searches. Often, we assume that our search results are accurate. Accuracy is very important when businesses market their products and services on the internet. It is for this reason that they should ensure they do not...

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Revised (but not revolutionised) trade promotion laws

The Lotteries Act 2019 (SA), together with the new Lotteries Regulations 2021 (SA) (Lotteries Regulations), take effect on 10 December 2021. The Lotteries Regulations are intended to bring clarity to, and simplify some elements of, the trade promotions framework and requirements.

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