By Robin King
As reported in the Sydney Morning Herald on 13 August 2012, a ruling last week by the Advertising Standards Board provided that everything that appears on a brand's Facebook page is advertising.
Last week Victoria Bitter beer (VB) was found responsible for abusive comments posted on its Facebook page and was therefore in breach of the industry's self-regulatory codes on taste, decency and ethics. Since the comments were in response to a question that VB's marketing team had posted, the Board ruled they constituted advertising.
The Australian Competition and Consumer Commission ("ACCC") subsequently agreed with this decision, meaning that companies must ensure that comments left by the public on their websites and social media sites comply with advertising guidelines and consumer law. Otherwise they may be penalised for what members of the public post on their websites and social media sites.
We understand that the ACCC will scrutinise the behaviour of companies which leave posted comments they know contain incorrect information about a product or service, whether theirs or a competitor's, that work to the company's advantage.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
