If you work in health, law or finance, your social media isn't just marketing. In the eyes of your regulator, it's advertising, and the same rules apply to an Instagram post as to a billboard.
That catches a lot of businesses out. Below is a plain-English overview of the main rules we work within every day, and the most common mistakes we see.
This is general information only, not legal advice. If you're unsure whether a specific post complies, check with your professional body or a lawyer.
Health practitioners: Ahpra and the National Law
Anyone advertising a regulated health service, whether they're a registered practitioner or not, must comply with section 133 of the Health Practitioner Regulation National Law and Ahpra's advertising guidelines. In short, your advertising must not:
be false, misleading or deceptive
use testimonials about the clinical aspects of your service
create an unreasonable expectation that treatment will help
encourage people to use a health service they don't need
offer a gift, discount or inducement without stating its terms and conditions
The testimonial rule is the one most often broken. A testimonial is a positive statement about the clinical side of your service, such as "my back pain was gone after two sessions." You can't use these in your advertising, and that includes your own social media pages. If a patient leaves that kind of comment on your clinic's Facebook or Instagram, you're responsible for removing it.
Comments about non-clinical things, like friendly staff or easy parking, aren't testimonials and can be shared.
Pharmacies: the TGA Advertising Code
Pharmacies also need to follow the Therapeutic Goods Advertising Code, which is administered by the TGA. The key points for social media:
Prescription medicines can't be advertised to the public. That includes indirect references. The TGA has made clear that promoting a service in a way that points to a prescription medicine, for example promising "the antibiotics you need," can count as advertising that medicine.
Most pharmacist-only (Schedule 3) medicines can't be advertised either, unless they're specifically permitted.
Over-the-counter products can be advertised, but the advertising must be accurate and balanced and include any required health warnings. Social media posts aren't treated as short-form ads, so the full warnings generally apply.
Comments count. The TGA can look at your post together with the comments underneath it.
Pharmacies can still promote their professional services, such as vaccinations, medication reviews or health checks, as long as the advertising stays within the rules above and Ahpra's guidelines.
Law firms: the Solicitors' Conduct Rules
For solicitors, the main rule is rule 36 of the Australian Solicitors' Conduct Rules. It requires that any advertising, marketing or promotion connected with a solicitor or law practice is not:
false
misleading or deceptive, or likely to mislead or deceive
offensive
prohibited by law
Two areas need particular care:
"Specialist" claims. A solicitor must not give a false impression of specialist expertise, and the words "accredited specialist" can only be used by someone who actually holds that accreditation. "Experienced in family law" and "Accredited Specialist in Family Law" mean very different things.
Personal injury advertising. Several states, including NSW and Queensland, have separate laws that tightly restrict how personal injury services can be advertised. If your firm does this work, check your state's rules before posting.
Firms also need to think about client confidentiality. A case study, a photo taken in the office or a "big win" post can reveal more than you intend.
Accountants and financial professionals
Accountants and financial advisers have their own professional standards, and the Australian Consumer Law prohibits misleading or deceptive conduct for every business. ASIC also publishes good practice guidance on advertising financial products and services. The same principle applies throughout: claims need to be accurate, balanced and backed up.
The mistakes we see most often
Sharing a glowing patient review on a clinic's page
Naming or picturing a prescription medicine, even in a "we stock it" post
Calling a lawyer a "specialist" when they aren't accredited
Promising outcomes, such as "we'll win your case" or "you'll feel better in a week"
Running a promotion without clearly stating its terms
Leaving non-compliant comments up on your own posts
Compliance doesn't have to make you boring
None of this means your content has to be dry. Educational posts that answer real questions, introduce your team and explain your services clearly are both compliant and effective. In our experience, they're also what builds trust with the people you want to reach.
With a background in law, we write every post with these rules in mind before it ever reaches you for approval.
Want a second pair of eyes on your current social media? Request a free Instagram audit.