Australian Consumer Law applies to everything a business says about its products and services, from billboards and websites to social media posts and what staff tell customers. The Australian Competition and Consumer Commission (ACCC) provides guidance for businesses. This guide summarises the essentials for small businesses in plain language. It isn't legal advice.
This guide is general information written in our own words, based on the official sources listed at the end. Laws, regulator guidance and platform rules change, and how they apply depends on your business, so check the official source and get legal or professional advice where you need it. We don't recommend particular agencies, tools or platforms, and we never promise results.
The basic rule
The ACCC says any information or claim a business provides about its products or services must be accurate, truthful and based on reasonable grounds. The ACCC's advertising and selling guide describes two fundamental rules: you must not engage in conduct that is likely to mislead or deceive, and you must not make false or misleading claims or statements.
It applies everywhere
The ACCC says the rule applies to any communication by a business, including advertising, product packaging, quotes, and information provided by staff, whether spoken or written. It applies online in the same way as offline, including on your website, in emails and on social media.
Overall impression matters
What counts is the overall impression your marketing creates for an ordinary customer, not the literal meaning of each word. The ACCC notes that a business can mislead without intending to. Images, headlines and what you leave out can all create a misleading impression.
Fine print and qualifications
The ACCC says information in fine print and qualifications must not conflict with the overall message of the advertisement. If a headline says "free" or a price "from" a certain amount, the conditions shouldn't take that away. Put important conditions close to the claim and make them easy to read.
Comparative advertising
You can compare your products or services with competitors'. But the ACCC says comparative advertising can be misleading if the comparison is inaccurate or doesn't compare products fairly. Its guide suggests asking whether the comparison is accurate, whether the products are reasonably similar, and whether the comparison will remain valid for the life of the promotion.
What the ACCC says businesses should do
The ACCC suggests businesses should:
- give current and correct information,
- use easy-to-understand language,
- check that the overall impression is accurate,
- be specific with claims to avoid misunderstandings,
- back up claims with facts and evidence,
- note important limitations or exemptions,
- keep consumers updated if things change,
- correct any misunderstandings, and
- be prepared to prove claims.
Back up your claims
The ACCC can require businesses to back up claims they make. Keep evidence for claims such as "Australian made", "best value", "eco-friendly", "fastest" or statements about results. If you can't prove it, don't say it.
Prices and discounts
Price claims are a common source of problems. "Was" prices should reflect genuine previous prices, sale periods should be real, and the total price should be clear. The ACCC publishes specific guidance on pricing; check it before running promotions.
Reviews, testimonials and influencers
Reviews and endorsements are also covered. Fake reviews and undisclosed paid endorsements can be misleading. See our online reviews guide and influencer guide.
When to get advice
For major campaigns, health, environmental or comparative claims, or if you're unsure, get legal advice before you publish.
A pre-publishing checklist
Before you publish an ad or campaign, ask: is every claim true and current? Can we prove it? Does the headline match the fine print? Is the total price clear? Would an ordinary customer get the right impression? Are comparisons fair? Have we disclosed important conditions near the claim? If any answer is no, fix it first.
Environmental and health claims
Claims that a product is environmentally friendly, sustainable, natural or good for health attract particular attention. Make them specific, avoid vague terms, and keep strong evidence. Some products, such as therapeutic goods, have additional advertising rules; check them or get advice.
Try the email marketing checker
Our free email marketing checker asks six quick questions about consent, identifying your business, contact details and unsubscribing, based on ACMA's guidance on the Spam Act 2003. It shows what to fix if anything is missing. It runs entirely in your browser, and nothing you answer is sent anywhere.
Where our information comes from
Factual statements in our guides are based on official sources, including the ACCC, the Australian Communications and Media Authority (ACMA), the Office of the Australian Information Commissioner (OAIC), business.gov.au and Google Search Central. We link to each source at the end of the page and write everything in our own words. We don't publish invented statistics, benchmarks, case studies or testimonials.
Rules and platforms change
Consumer, spam and privacy rules are reviewed from time to time, regulators update their guidance, and digital platforms change their features and policies often. Treat our guides as a starting point, and check the official source, or get legal or professional advice, before making decisions that matter for your business.
Free official help
business.gov.au publishes free guidance and templates on marketing, advertising and online reviews, and can be contacted on 13 28 46. The ACCC, ACMA and OAIC each publish plain-language guidance for businesses on their websites. State small business commissioners and small business development centres also offer information, workshops and, in some cases, low-cost advice.
Marketing on a small budget
You don't need a big budget to market well. Many of the most effective activities for small businesses cost little except time: a clear, helpful website; accurate local listings; genuine reviews; a simple email list built with consent; consistent social media on one platform; and great service that earns word of mouth. Start with these, measure results and invest more where you see returns.
Working with agencies and freelancers
If you hire help, be clear about your goals and budget, ask for examples of similar work, agree what will be delivered and how results will be reported, and make sure you keep ownership of your website, accounts and customer data. Be wary of anyone promising guaranteed results. Remember that you remain responsible for what is published on your behalf.
Accessibility helps everyone
Making your marketing accessible helps more people use it. Use clear headings and plain language, add descriptive alt text to images, make sure text contrasts well with backgrounds, caption videos, and check that your website and emails work well on phones and with screen readers. Accessible marketing is usually clearer marketing for everyone.
Consistency builds recognition
Use the same business name, logo, colours and tone across your website, listings, social media, emails, signage and printed material. Consistency makes your business easier to recognise and remember, and helps customers trust that they've found the right business. A simple one-page style guide can help anyone who creates content for you.
Look after existing customers
It's often easier to win more business from existing customers than to find new ones. Thank customers, follow up after a sale, ask for feedback, and give them reasons to come back, such as useful updates or offers for regulars. Happy customers also tend to recommend you to others, which is some of the most valuable marketing there is.
A quick checklist
If you remember only a few things from our guides, make them these: know who your customers are; set goals you can measure; be helpful rather than salesy; make every claim accurate and provable; get consent before emailing or texting; never fake or manipulate reviews; disclose paid partnerships; and review what's working regularly.
Key points
- Claims must be accurate, truthful and based on reasonable grounds.
- The rules apply to all communications, online and offline, including staff statements.
- Fine print can't contradict the main message.
- Comparisons must be accurate and fair.
- Keep evidence for every claim you make.
Frequently asked questions
What does the law say about advertising claims?
The ACCC says any information or claim a business provides about its products or services must be accurate, truthful and based on reasonable grounds.
Can fine print fix a misleading headline?
No. The ACCC says fine print and qualifications must not conflict with the overall message of an ad.
Is comparative advertising allowed?
Yes, but the ACCC says it can be misleading if the comparison is inaccurate or doesn't compare products fairly.
Does it matter if I didn't mean to mislead?
The ACCC notes a business can mislead without intending to; it's the overall impression that counts.
Sources and further reading
Facts on this page were checked against these primary and official sources. Conditions change — confirm before you travel or buy.
- False or misleading claims — ACCC
- Advertising and selling guide — ACCC
- Marketing and advertising — business.gov.au
