{"id":84432,"date":"2026-10-27T10:13:11","date_gmt":"2026-10-26T23:13:11","guid":{"rendered":"https:\/\/riskinfo.com.au\/news\/?p=84432"},"modified":"2026-10-27T10:13:41","modified_gmt":"2026-10-26T23:13:41","slug":"advisers-cautioned-on-updated-advertising-guidance","status":"publish","type":"post","link":"https:\/\/riskinfo.com.au\/news\/2026\/10\/27\/advisers-cautioned-on-updated-advertising-guidance\/","title":{"rendered":"Advisers Cautioned on Updated Advertising Guidance"},"content":{"rendered":"<p>An industry service provider has sent a cautionary message to advisers and advice business owners around updated advertising guidelines released by ASIC.<\/p>\n<p>In June, the regulator updated <a href=\"https:\/\/download.asic.gov.au\/media\/cvcjdpy5\/rg234-published-09-june-2026.pdf\" target=\"_blank\" rel=\"noopener\">Regulatory Guide 234<\/a> &#8211; Advertising financial products and services (including credit) &#8211; the first revision since its release in February 2012.<\/p>\n<p>The updated guide contains new information reflecting ASIC\u2019s enforcement and regulatory action on advertising and incorporates former guidance on past performance in promotional material (RG 53), which has been withdrawn.<\/p>\n<figure id=\"attachment_84433\" aria-describedby=\"caption-attachment-84433\" style=\"width: 150px\" class=\"wp-caption alignright\"><a href=\"https:\/\/riskinfo.com.au\/news\/files\/2026\/10\/Allan-Whatmore-scaled-e1793055947229.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-84433 \" src=\"https:\/\/riskinfo.com.au\/news\/files\/2026\/10\/Allan-Whatmore-scaled-e1793055947229-250x300.jpg\" alt=\"\" width=\"150\" height=\"180\" srcset=\"https:\/\/riskinfo.com.au\/news\/files\/2026\/10\/Allan-Whatmore-scaled-e1793055947229-250x300.jpg 250w, https:\/\/riskinfo.com.au\/news\/files\/2026\/10\/Allan-Whatmore-scaled-e1793055947229-696x835.jpg 696w, https:\/\/riskinfo.com.au\/news\/files\/2026\/10\/Allan-Whatmore-scaled-e1793055947229-350x420.jpg 350w, https:\/\/riskinfo.com.au\/news\/files\/2026\/10\/Allan-Whatmore-scaled-e1793055947229.jpg 747w\" sizes=\"auto, (max-width: 150px) 100vw, 150px\" \/><\/a><figcaption id=\"caption-attachment-84433\" class=\"wp-caption-text\">Growth Studio Agency founder, Allan Whatmore &#8230;cautioning advisers to review their online advertising promotional presence in light of ASIC&#8217;s updated guidance<\/figcaption><\/figure>\n<p><a href=\"https:\/\/growthstudioagency.com\" target=\"_blank\" rel=\"noopener\">Growth Studio Agency<\/a> founder, <strong>Allan Whatmore<\/strong>, has cautioned anyone operating an advice practice that ASIC\u2019s advertising guidance covers far more than paid advertisements: \u201cYour website, social media posts, podcasts and short videos all sit inside it,\u201d said Whatmore, adding that ASIC judges an advice practice\u2019s advertisements from the perspective of the impression it believes a client or prospective client receives at first glance, regardless of any fine print.<\/p>\n<p>Whatmore points out RG 234 is guidance; not updated law. He says it explains how ASIC reads the existing rules against misleading or deceptive conduct:<\/p>\n<p>\u201cA lot of advisers will read RG 234 as a list of things they can\u2019t say. I\u2019d read it the other way around. It\u2019s a pretty clear picture of what a good ad looks like,\u201d said Whatmore, whose Growth Studio Agency service assists advice firms run compliant client acquisition systems.<\/p>\n<p><strong>Who and what it covers<\/strong><\/p>\n<p>RG 234 sets out how ASIC expects promoters to meet their obligations and not make false or misleading statements or engage in misleading or deceptive conduct.<\/p>\n<p>The guide identifies financial advisers, distributors and intermediaries, including lead generators, as promoters. It applies to advertising in any medium, from websites to podcasts, Instagram reels and TikTok videos, regardless of the technology used, including AI.<\/p>\n<p>ASIC states it may take a greater interest in advertisements that do not meet its guidance.<\/p>\n<p><strong>First impressions<\/strong><\/p>\n<p>Central to the guide is the overall impression an advertisement creates when first viewed, as consumers cannot be expected to study or revisit it. Qualifications must appear at the same time as the original message, and a link, QR code or reference to a PDS will not correct a misleading headline claim.<\/p>\n<p>Whatmore points to guidance noting that limited space in a banner or short video is not a reason to omit balancing information. If a format cannot accommodate it, he notes the guide recommends promoters should reconsider using that channel.<\/p>\n<blockquote><p>When advisers\u2019 ads get sent back, it\u2019s rarely about one bad word. It\u2019s usually what the ads imply<\/p><\/blockquote>\n<p>\u201cWhen advisers\u2019 ads get sent back, it\u2019s rarely about one bad word. It\u2019s usually what the ads imply, such as a headline that hints at a result, or a testimonial that promises a result. A disclaimer at the bottom doesn\u2019t fix that, and the guide says so,\u201d Whatmore cautioned.<\/p>\n<p><strong>Guidance specific to advice<\/strong><\/p>\n<p>RG 234 stipulates advertisements for advice services should not:<\/p>\n<ul>\n<li>Describe a service as \u2018comprehensive financial advice\u2019 or \u2018full financial plans\u2019 if the adviser can only advise on a narrow range of issues or products<\/li>\n<li>Suggest advice is \u2018free\u2019 or \u2018low cost\u2019 if the client pays indirectly through product or administration fees<\/li>\n<li>Suggest the adviser will consider all relevant financial products across the market when that is not the case<\/li>\n<li>Misrepresent an adviser\u2019s experience or qualifications<\/li>\n<li>Overstate the capabilities of digital or AI-enabled advice tools<\/li>\n<\/ul>\n<p>Where past performance is used, ASIC suggests wording such as \u2018past performance is not a reliable indicator of future performance\u2019, noting phrases such as \u2018past performance is not a guarantee of future performance\u2019 and \u2018future returns may vary\u2019 are less likely to be effective.<\/p>\n<p>Testimonials should also be authentic and attributed. A promoter that becomes aware of a third-party comment on its website or social media page and does not remove it will be considered responsible for it.<\/p>\n<p><strong>Planning ahead<\/strong><\/p>\n<p>The guide includes questions advice businesses can use to test their advertising, including whether it creates realistic impressions of what the advice will achieve and identifies its limitations. It says promoters should also keep records of their advertising and be able to substantiate claims about consumer outcomes.<\/p>\n<p>\u201cThe fastest way to get your ads approved is to build in compliance from the start and incorporate the licensee\u2019s requirements early. Fixing an ad after it\u2019s written takes longer, and it usually ends up weaker. The licensee has the final say, and that\u2019s how it should be,\u201d said Whatmore, who concluded:<\/p>\n<p>\u201cThe good news is that clear, honest ads tend to work better anyway. When you say plainly who you help and what the advice covers, the right people put their hand up. You don\u2019t need a big promise to win a good client.\u201d<\/p>\n<p><a href=\"https:\/\/download.asic.gov.au\/media\/cvcjdpy5\/rg234-published-09-june-2026.pdf\" target=\"_blank\" rel=\"noopener\">Click here<\/a> to download ASIC\u2019s updated Regulatory Guide 234.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>An industry service provider has sent a cautionary message to advisers and advice business owners around updated advertising guidelines released by ASIC. In June, the regulator updated Regulatory Guide 234 &#8211; Advertising financial products and services (including credit) &#8211; the first revision since its release in February 2012. The updated guide contains new information reflecting [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":84435,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8,7734,4474],"tags":[],"class_list":["post-84432","post","type-post","status-publish","format-standard","has-post-thumbnail","category-compliance-regulation","category-featured","category-practice-management"],"_links":{"self":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/posts\/84432","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/comments?post=84432"}],"version-history":[{"count":1,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/posts\/84432\/revisions"}],"predecessor-version":[{"id":84434,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/posts\/84432\/revisions\/84434"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/media\/84435"}],"wp:attachment":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/media?parent=84432"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/categories?post=84432"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/tags?post=84432"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}