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pc nid 93059 Jun 09, 2026 kgurnani@vixio.com Australia Australian Securities and Investments Comission horizon scanning
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Australian Securities and Investments Commission Updates Guidance on Advertising Financial Products and Services

On November 27, 2025, the Australian Securities and Investments Commission (ASIC) updated its guidance on advertising financial products and services to help industry comply with legal obligations and avoid misleading consumers. ASIC updated Regulatory Guide 234 Advertising Financial Products and Services (including Credit) (RG 234) to simplify and explain its regulatory approach to advertising financial products and services. The updates reflect enforcement and regulatory action relevant to advertising conduct since RG 234 was published in 2012. ASIC consolidated guidance from Regulatory Guide 53 The Use of Past Performance in Promotional Material (RG 53) into RG 234, ensuring all advertising guidance appears in one place. As a result, ASIC withdrew RG 53. The updates also simplified and streamlined existing content. RG 234 provides guidance to help relevant entities—including promoters of financial products, financial services, credit products and credit services, and publishers of advertising—comply with their legal obligations not to make false or misleading representations or engage in misleading or deceptive conduct. ASIC consulted with stakeholders from November 27, 2025 through January 22, 2026, with stakeholders broadly supportive of the proposed updates. The updated RG 234 is now available on ASIC's website. Non-confidential submissions made during the consultation period and an outline of ASIC's response are available on the relevant consultation page. REFERENCES: https://asic.gov.au/regulatory-resources/find-a-document/regulatory-guides/rg-234-advertising-financial-products-and-services-including-credit/

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Australian Securities and Investments Commission Updates Guidance on Advertising Financial Products and Services

On November 27, 2025, the Australian Securities and Investments Commission (ASIC) updated its guidance on advertising financial products and services to help industry comply with legal obligations and avoid misleading consumers. Key changes in this guidance include: Expanded focus on digital advertising: The guide has been modernised to reflect current marketing practices, including social media advertising, influencer and "finfluencer" promotions, short-form digital content, online comparison tools, algorithm-driven advertising, and digital platforms. ASIC emphasises that the same legal obligations apply regardless of the advertising channel used. Consolidation of ASIC advertising guidance: ASIC has incorporated guidance from RG 53 (The Use of Past Performance in Promotional Material) into RG 234, creating a single primary source of advertising guidance. ASIC indicated that RG 53 would be withdrawn following publication of the updated RG 234. Greater emphasis on balanced disclosure: The revised guide reinforces that advertisements should: Present benefits and risks in a balanced manner. Avoid headline claims that overstate potential returns or understate risks. Ensure qualifications and disclaimers are sufficiently prominent. Avoid creating misleading impressions through design, layout, graphics or omission of key information. Updated examples based on ASIC enforcement activity: ASIC has refreshed the guidance using examples derived from recent regulatory and enforcement actions. The intention is to show how ASIC assesses potentially misleading advertising in practice. Clarification of publisher responsibilities: The guide reiterates that responsibility does not rest solely with the advertiser. Publishers and media platforms may also have obligations regarding advertisements they distribute and are encouraged to refuse or remove advertisements that become subject to ASIC regulatory action. This updated guidance is effective immediately.