Influencer Disclosure in Australia: What Hospitality Brands and Creators Need to Know

Influencer disclosure in Australia is not just a matter of etiquette.

When a restaurant, hotel, tourism operator or other brand pays a creator, provides a free experience or offers another incentive in exchange for promotion, the commercial relationship can affect how an audience interprets the recommendation.

Australian law and advertising self-regulation both focus on a straightforward principle: people should not be misled about advertising.

This article is general information, not legal advice.

Australian Consumer Law applies to social media advertising

The Australian Competition and Consumer Commission states that the same rules applying to advertising and promotions generally also apply to social media.

That includes:

• posts made by a business;
• paid advertising on social platforms;
• promotions made by influencers where the business pays or provides an incentive.

Businesses and creators must not make false or misleading claims.

In March 2026, the ACCC announced penalties paid by an online retailer after alleged misleading influencer reviews. The regulator specifically highlighted that payment can include free gifted products or services, not only money.

For hospitality, a complimentary meal, hotel stay, event ticket or other hosted experience can therefore be commercially relevant.

What the AANA Code says

The Australian Association of National Advertisers' Code of Ethics requires advertising to be clearly distinguishable as advertising.

Its practice guidance says that where an influencer or affiliate accepts payment, free products or free services in exchange for promoting a brand, the relationship should be clear, obvious and upfront to the audience and expressed in a way that is easily understood.

The guidance gives examples such as:

• #ad;
• Advert;
• Advertising;
• Branded Content;
• Paid Partnership;
• Paid Promotion.

It also warns that less clear labels may not be enough in context.

This is important because “gifted” is commonly used by creators, but AANA guidance specifically identifies “gifted” as an example that may not be sufficient on its own to clearly distinguish advertising.

Does every hosted restaurant visit count as advertising?

The facts matter.

There is a difference between:

• a creator independently choosing to post after receiving something with no promotional commitment;
• a venue providing an experience in exchange for agreed content;
• a paid campaign with contracted deliverables;
• a creator receiving commission or another incentive.

The more the business has arranged, required or controlled the promotional outcome, the clearer the commercial context becomes.

If there is uncertainty, hospitality businesses should obtain appropriate legal or compliance advice rather than relying on a generic Instagram rule.

Put disclosure where people can actually notice it

A disclosure that technically exists but is buried after a long caption, hidden among hashtags or expressed in language the audience is unlikely to understand may not achieve the purpose.

AANA's current guidance focuses on being clear, obvious and upfront.

For video, the practical question is whether a typical viewer can understand that the content is commercial when they encounter it. Platform branded-content or paid-partnership tools can help, but businesses should not assume a platform label automatically resolves every legal issue in every context.

Brands share responsibility

Disclosure is not solely “the influencer's problem”.

The ACCC has said businesses should make influencers aware of their Australian Consumer Law obligations when promoting products or services.

A hospitality campaign brief should therefore state the expected disclosure standard.

For example, a creator agreement or brief might require:

• the commercial relationship to be clearly disclosed;
• the disclosure to appear prominently;
• factual claims about pricing, availability and inclusions to be accurate;
• no misleading statement about the creator's experience;
• use of the relevant platform partnership tools where agreed.

Do not script a false personal opinion

A creator should not be required to say they “loved” something they did not like.

The ACCC says influencers should not make misleading claims or misrepresent their experience with a product.

Hospitality brands should distinguish between checking facts and controlling opinion.

Reasonable factual checks might cover:

• venue name;
• address;
• current menu;
• spelling;
• booking details;
• campaign dates;
• offer terms.

That is different from forcing the creator to present an experience as positive regardless of what happened.

Be careful with offers and competitions

If influencer content includes a price, giveaway, discount, package inclusion or deadline, those details also need to be accurate.

Australian Consumer Law requirements around misleading conduct apply to the substance of the promotion, not only the disclosure label.

A practical hospitality disclosure checklist

Before creator content goes live, ask:

1. Was money, a free experience, product, ticket, stay or another incentive provided?
2. Was content expected or agreed in return?
3. Would the average viewer understand the commercial relationship?
4. Is the disclosure clear and upfront?
5. Are all factual claims current and accurate?
6. Does the creator's description reflect their real experience?
7. Have relevant platform partnership tools been used where required?
8. Has the venue kept a record of the brief or agreement?

Bridge PR's recommended approach

For commercial hospitality collaborations, clarity is the safer and more credible approach.

A clear disclosure does not make creator content less effective. In many cases it makes the relationship more professional because the audience understands what they are viewing.

The goal should never be to make advertising look accidentally organic. The goal is to create advertising and creator partnerships that remain useful and believable even when the commercial relationship is obvious.

Authoritative sources

This article is based on current public guidance from the Australian Competition and Consumer Commission and the Australian Association of National Advertisers. Requirements can change and individual campaigns can raise different legal issues. Businesses should seek professional legal advice where needed.