A practical guide to regulatory-ready digital marketing in Australia

Map obligations to the actual communication

Regulated marketing is not governed by one universal checklist. The relevant obligations depend on what is being promoted, who publishes it, who sees it and the impression created by the complete communication.

Begin with a channel and claims map. Record the product or service, audience, jurisdiction, media placement, intended action and every objective claim. This turns an abstract compliance concern into a reviewable piece of work.

Start with the common layer: evidence and overall impression

Australian Consumer Law applies broadly. The ACCC says claims should be true, accurate and based on reasonable grounds, and that omissions and overall impression can also mislead. Treat substantiation as part of content operations: source it before publication, link it to the claim and review it when circumstances change.

This discipline improves the work even when no sector-specific code applies. It removes vague superiority claims, exposes missing information and gives creative teams facts they can use with confidence.

Add the sector-specific layer

Therapeutic goods advertising is governed by the Therapeutic Goods Act and Advertising Code, with different rules for what can be advertised to the public. Advertising regulated health services also engages the National Law and Ahpra guidance. Financial promotions should be assessed against relevant law and ASIC guidance. Alcohol marketing should consider the ABAC Code’s content and placement standards.

These frameworks do not substitute for one another. A campaign may need to satisfy consumer law, a sector code, platform policy and an organisation’s own risk settings at the same time.

Use a seven-stage publishing workflow

A workable system is short enough to use and explicit enough to audit. Assign one owner at each stage and keep the approved evidence with the final asset rather than in a separate inbox.

Monitor after publication. Platform rejection, customer confusion, new guidance or a changed product can make an approved asset unsuitable later. Compliance is a publishing capability, not a moment in a calendar.

• Brief the audience, channel and desired action
• Draft the proposition and objective claims
• Attach evidence and mandatory information
• Review the complete creative and placement
• Record decisions, qualifications and approver
• Publish the approved version only
• Monitor and retire outdated material

Know when the workflow needs specialist advice

Templates can improve consistency, but they cannot decide whether a particular representation is allowed or adequately substantiated. Escalate when a campaign introduces a new product, audience, claim type, emerging channel or material uncertainty.

This guide is general information and not legal advice. Always check current primary guidance and obtain advice suited to the communication and circumstances.