Influencer marketing practices have been placed back under the spotlight, with one of Australia’s biggest photobook retailers caught in the crosshairs.
Online photobook business Tomsem Consolidated Pty Ltd, trading as PhotobookShop, has been fined $39,600 in penalties after the ACCC issued two infringement notices over allegedly misleading influencer reviews on Instagram.
Gifted products not disclosed
The ACCC’s investigation began after an influencer raised concerns about an agreement from PhotobookShop that requested that gifted products not be disclosed in reviews.
“Businesses must not mislead consumers by posting misleading reviews or failing to disclose when an influencer has been paid to create social media content, whether that payment is free, gifted products or services, or money,” ACCC deputy chair Catriona Lowe said.
“Influencers can be a powerful marketing tool, and the Australian Consumer Law applies as much to the digital world as it does to bricks and mortar retailers.”
Between August 2024 and September 2025, PhotobookShop commissioned influencers to produce social media reviews and, on 107 occasions, instructed them not to disclose that they had been paid with gifted products valued between $50 and $400.
Following those instructions, at least one influencer published a review without disclosing the commercial arrangement.
The ACCC alleges this created the impression that the content was organic when it was not.
Edits that changed the story
A second infringement notice focused on how PhotobookShop handled influencer content after creation.
The ACCC found the company edited an influencer video review to remove negative commentary about its AI assistant tool, which had been described as “a bit fiddly” and “a bit confusing”.
The edited version retained only the positive elements of the review, without disclosing that changes had been made.
“When a business posts a review on social media, consumers would reasonably assume that the post genuinely reflects the review,” Lowe said.
“In the case of PhotobookShop, we consider the review it posted did not reflect the overall impression of the influencer’s review, and appeared more favourable to PhotobookShop.”
“PhotobookShop’s misleading reviews may have caused consumers to buy PhotobookShop’s products when they would not have bought them based on the complete video review.”
The case lands as the ACCC continues to sharpen its focus on influencer marketing practices, particularly around disclosure and authenticity.
“Influencers, businesses hiring them as well as any third-party facilitators need to be aware of their Australian Consumer Law obligations,” Lowe said.
The regulator has already identified deceptive digital advertising and marketing practices as an enforcement priority and is expected to release more detailed guidelines for influencers in the near term.
Industry codes are already in place.
The Australian Association of National Advertisers requires that advertising be clearly distinguishable, while the Australian Influencer Marketing Council outlines best practices for disclosure.
The ACCC said it will continue to take enforcement action where it identifies conduct that may mislead consumers.
Main image: PhotoBookShop