Australian Consumer Law expands to prohibit unfair trading practices

The Australian Consumer Law is changing.

From 1 July 2027, businesses will be prohibited from engaging in unfair trading practices, giving regulators a significant new enforcement tool alongside the existing prohibitions on misleading or deceptive conduct, unconscionable conduct and unfair contract terms.

While the reforms apply across many industries, they are particularly relevant to publishers involved in digital advertising, ecommerce, affiliate marketing and sponsored content.

WHY THIS MATTERS

Historically, compliance reviews have focused on whether advertising was misleading or deceptive.

The new laws go further. They will also prohibit conduct that:

• manipulates consumers; or

• unreasonably distorts the environment in which consumers make purchasing decisions,

where that conduct causes, or is likely to cause, consumer detriment.

WHAT ARE "DARK PATTERNS"?

The legislation specifically targets digital practices commonly known as dark patterns.

Examples include:

• countdown timers

• false scarcity claims

• hidden fees

• drip pricing

• difficult cancellation pathways

• pre-selected purchase options

• obscured information

• "confirm shaming"

These tactics may influence consumers into making decisions they might not otherwise have made.

PRACTICAL IMPLICATIONS FOR PUBLISHERS

Publishers should consider these principles when reviewing:

• sponsored content

• affiliate commerce

• ecommerce landing pages

• promotional offers

• subscription offers

• competitions

• membership promotions

• newsletter sign-ups

• advertorials with purchase pathways

QUESTIONS TO ASK

When reviewing commercial content, ask:

• Does the offer rely on pressure rather than informed choice?

• Is important information easy to find?

• Are pricing and fees transparent?

• Is urgency genuine?

• Could consumers feel manipulated?

• Would the consumer make the same decision if presented with all relevant information equally?

ADREVIEW INSIGHT

The new unfair trading practice provisions represent one of the most significant changes to the Australian Consumer Law in many years.

While many publishers already review content for misleading claims, these reforms encourage a broader question:

Does the overall consumer experience allow people to make a genuine, informed choice—or does it subtly pressure them into a decision?

That shift is likely to influence not only advertising copy, but also landing pages, subscription flows, affiliate content and ecommerce design.