As TikTok becomes a go-to platform for foodies, creators are often seen trying out the latest viral products or hopping on food trends.
However, some of these reviews are not as organic as they seem behind the scenes.
Many influencers are compensated by restaurants and cafes—sometimes with free meals or direct payments—to promote their products, often without clear disclosure.
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On today’s episode of The Briefing, TikTok lawyer Jahan Kalantar joined us to discuss how online creators are sidestepping consumer laws and what more, if anything, can be done.
Under Australian law, any paid promotion must be transparently disclosed to viewers to avoid misleading them, but these rules are often ignored or poorly enforced on TikTok.
Kalantar explained that while Australian Consumer Law applies to social media, enforcing these rules can be challenging.
“I think the reality is though, that legally speaking, especially here in Australia, we are governed by some pretty strict advertising standards,” he said.
The Australian Association of National Advertisers (AANA) requires that advertisements be clearly labelled, but influencers frequently bury disclosures like #ad in captions.
“This is a sort of new space, and many creators are doing the best they can and figuring it out as they go along,” he added.
“It’s entirely possible to accidentally breach those standards, but that’s not going to stop you from being fined. It’s not going to stop you from being in legal trouble.”
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