Social Media and Industry Legislation

In today’s fast-evolving digital landscape, social media regulations and industry legislation are becoming increasingly complex, putting franchises at risk of penalties for non-compliance.

From data privacy laws to advertising restrictions, staying compliant requires constant monitoring and adaptation. Content Monarchy helps franchises reduce these risks by ensuring content aligns with legal standards, brand guidelines, and platform policies. Our automated safeguards help protect your brand from violations, keeping your social presence both engaging and legally sound.

Stay ahead of industry changes with Content Monarchy.

Social Media & Legislation Summary (Applies to All Industries)

Regardless of industry, social media content in Australia must comply with national legislation and advertising standards. These include:

1. Spam Act 2003 (Cth)

Regulator: Australian Communications and Media Authority (ACMA)
Overview: This Act regulates commercial electronic messages, requiring consent, clear identification, and an unsubscribe option.

• Requires consent before sending marketing messages (email or direct messages)
• Must include a clear opt-out/unsubscribe option
• Sender/business must be clearly identified

2. Copyright & Intellectual Property Laws

Authority: Australian Copyright Council
Overview: Ensures the legal use of images, videos, logos, and music in marketing materials.

• Use only royalty-free or licensed images, logos, and music
• Avoid reposting content from suppliers or manufacturers without permission

3. Privacy Act 1988 (Cth)

Regulator: Office of the Australian Information Commissioner (OAIC)
Overview: Governs the collection, use, and storage of personal information, including data obtained through social media interactions.

• If collecting any personal data through social media (e.g. competitions, lead forms, Messenger), you must:
  • Have a clear Privacy Policy
  • Inform users how their data will be used
  • Store data securely and responsibly

4. AANA Code of Ethics / Ad Standards

Authority: Australian Association of National Advertisers (AANA)
Overview: Sets standards for advertising and marketing communications to ensure they are legal, honest, and truthful.

• Ensure all content is accurate, not misleading, and free from discrimination
• Influencer content must include clear disclosure (e.g. #ad or #sponsored)
• Avoid unsafe or irresponsible depictions in posts

5. Broadcasting Services Act 1992

Regulator: Australian Communications and Media Authority (ACMA)
Overview: This Act regulates broadcasting services, including online content. It outlines standards for content classification, advertising, and online services.
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• Applies to online video, audio and text content, including social media
• Prohibits offensive, illegal or age-inappropriate content
• Outlines classification and content standards for digital media
• Requires platforms to respond promptly to complaints about harmful or inappropriate content
• Encourages responsible digital communication, especially in advertising or media targeting young audiences

6. Online Safety Amendment (Social Media Minimum Age) Act 2024

Regulator: eSafety Commissioner
Overview: This amendment to the Online Safety Act 2021 introduces a minimum age requirement of 16 for social media users in Australia. Social media platforms must implement reasonable measures to prevent underage access.

• Sets a minimum age of 16 to sign up for social media platforms in Australia
• Platforms must take reasonable steps to verify users’ age
• Designed to improve online safety and mental health outcomes for young Australians
• Businesses and advertisers should be cautious when targeting ads to younger audiences to avoid breaching platform or legal guidelines
• Reinforces ethical use of social media data collected from users

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