Ride the social media wave responsibly
Influencer marketing is a core aspect of social media and has become a global industry. Many businesses around the world, including in Australia, work with influencers and social media personalities to promote their products and services. While these partnerships can be extremely profitable, they are also legally binding. If you are an Australian business considering influencer marketing, it is worth looking into the legal framework and regulations.
At Law Team, we believe in a preventative approach to legal challenges that keeps our clients ahead of the curve. We created this guide to help you understand Australia's current legal position on influencer marketing and how to take practical steps to ensure legal compliance.
Key Takeaways
Influencer marketing must comply with the Australian Consumer Law, with clear disclosures and truthful claims about your products and services.
A written influencer agreement protects both parties and should cover scope, payments, content ownership, and termination conditions.
Morality and exclusivity clauses help safeguard your brand’s reputation.
Clear agreements on intellectual property and brand assets reduce the risk of disputes.
How is influencer marketing regulated in Australia?
In Australia, influencer marketing is regulated under the Australian Consumer Law (ACL), which is enforced by the Australian Competition and Consumer Commission (ACCC). As of 2026, the ACCC has prioritised "misleading or deceptive advertising in the digital economy" as a top enforcement priority. This means paid promotions must be clearly disclosed so that consumers can recognise them as advertising, for example, by using tags such as #ad or platform-specific disclosure tools. Any claims about products or services must also be truthful. Failure to comply with the law can result in penalties for the influencer, your business, and any other agencies involved in the campaign.
Additionally, Australia has adopted self-regulation for marketing and advertising through organisations such as the Australian Association of National Advertisers (AANA), which has a Code of Ethics that requires advertising to be clearly distinguishable. The Australian Influencer Marketing Council (AiMCO) also provides a Code of Practice that sets best practice standards for influencer campaigns.
Should you have a written agreement for influencer marketing?
A written agreement between your business and the influencer is essential and will protect both parties from disputes over payments, deliverables or usage rights. Typically, the agreement should include the scope of work, payment terms, content reuse and reproduction clauses, exclusivity clauses, and any conditions that allow the agreement to be terminated early.
Exclusivity clauses
When working with influencers, you may want to limit their ability to promote competitors during and after your partnership. However, these clauses must be reasonable and enforceable under Australian law, as overly broad restrictions can be legally challenged. Consulting a legal team can ensure that your influencer agreements protect your brand without risking enforceability.
Reputation management
Influencers are often considered public figures, so their actions and behaviour can directly impact your business’s reputation. If an influencer acts controversially or in a way that could harm your brand, including morality clauses in your influencer agreement enables you to end the partnership and protect your reputation.
| Feature | Without a Written Agreement | With a Written Agreement |
|---|---|---|
| Content ownership | Ambiguous; often stays with the creator | Explicitly defined (full ownership or licensed) |
| Usage rights | Limited to the original post | Extended to ads, website, and physical media |
| Reputation risk | No recourse for influencer scandals | Morality clauses allow immediate termination |
| Regulatory safety | High risk of disclosure failure | Includes mandatory clauses on disclosure |
Who owns influencer marketing content?
Your influencer agreement should include clauses about content ownership and intellectual property (IP) rights. It should clearly specify whether your business fully owns the content upon payment or if the influencer retains copyright and grants your business a licence to use the content. You can also include restrictions on altering the content. Additionally, the agreement can include warranties from the influencer, confirming that the content is original, accurately represents their audience, and does not infringe on any third-party IP.
Using brand assets responsibly
During marketing campaigns, an influencer may use your trademarks, logos, slogans or any other brand assets. These protected assets can only be used with your permission, and your influencer agreement can include specific clauses to define what is allowed. Similarly, you should also be mindful of the influencer’s personal branding. Consulting a legal team can help both parties to protect their IP rights and prevent future disputes.
How can businesses reduce legal risks in influencer marketing?
To reduce legal risks in influencer marketing, you can take these practical steps:
Draft a written agreement covering content ownership, payment terms, exclusivity, morality clauses, and disclosure obligations
Ensure all campaign content uses clear disclosure tags such as #ad, in line with ACCC requirements
Periodically audit your influencer partnerships to confirm ongoing compliance with ACL, AANA, and AiMCO codes
Seek legal advice when drafting and signing any influencer agreement
If you're planning to collaborate with an influencer, our commercial lawyers at Law Team follow a preventative approach to guide you through this entire process. Connect with Law Team today to make the most of influencer marketing while keeping your business legally protected.
This article is general information only and doesn't constitute legal advice. If you'd like advice tailored to your business, get in touch with our team.
About the Author: Erin Vassallo
Erin Vassallo is the Principal Solicitor and founder of Law Team, a values-led law firm with a strong reputation across New South Wales and Queensland. With over two decades of experience in commercial, construction, and property development law, Erin is a trusted advisor to developers, landowners, and business owners navigating complex projects and legal risk.
Her hands-on experience includes joint ventures, structuring development deals, contract negotiation, risk mitigation, and project governance across residential, commercial, and mixed-use developments. Erin holds qualifications in law, political science, mediation, and disruptive strategy (Harvard Business School) and is the founder of Certified BCorp Law Team, committed to ethical business practices and social impact.
Frequently Asked Questions
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Yes, if an influencer makes a false claim or omits disclosure, your business is also legally responsible for the misleading representation.
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By default, influencers own the content they create. Without a written agreement transferring ownership or granting a licence, your business cannot legally repurpose their posts for ads or other channels.
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Yes, but exclusivity clauses must be reasonable in scope, duration, and geography to be enforceable under Australian law.