Jade Lattimore: ‘All publicity is good publicity’ — think again

When businesses run print, TV, or radio ads, they know that advertising standards apply and adjust their content accordingly.

But in the wild west of social media, many companies are getting caught out, unaware that the same rules apply to their online presence.

And it’s not just small businesses missing the mark.

Even major national brands have found themselves in hot water over the past decade.

Back in 2012, a leading Australian beer brand posted on Facebook about how brewing beer is every bloke’s dream job.

Predictably, this triggered a flood of sexist, homophobic and offensive comments.

The company didn’t remove the comments—and that’s where they went wrong.

The Advertising Standards Board ruled that the comments, even though made by the public, were considered advertising under Australian law.

This 2012 case set a precedent: businesses are responsible for monitoring and managing comments on their social media pages.

Fail to do so, and you’re accountable for any breaches of advertising standards.

Some 12 years later, some businesses have failed to learn.

But it doesn’t end there. Social media content is also subject to the misleading and deceptive conduct rules.

Think those glowing testimonials from friends and family help boost your credibility?

Not if they’re fake.

If your bald uncle raves about your salon’s haircuts, you’re crossing into the realm of false advertising — and the ACCC won’t be amused.

Then there’s puffery — claims so outlandish no one would take them seriously, like “Best Burger in the Universe”.

That’s fair game. But saying, “Biggest Burger in Albany” when you can’t back it up?

That’s misleading and deceptive conduct.

The takeaway? Social media is not a free-for-all.

Whether it’s a post you made or a comment left by a follower, your business’ page is considered advertising in the eyes of the law.

So, manage your content wisely. After all, not all publicity is good publicity.

Jade Lattimore is principal and senior lawyer at Greenstone Legal in West Perth and Albany.