Most businesses that advertise never hear from Ad Standards. Still, it only takes one complaint from one member of the public to start an investigation. Knowing how the process works makes it far less stressful if a letter ever arrives. It also helps you plan ads that are less likely to be challenged in the first place.
Ad Standards runs the advertising complaints system in Australia. The codes it applies include the AANA Code of Ethics. This guide covers who can complain, what the Community Panel looks at and what happens after a decision. It is written for small business owners, marketers and anyone who writes their own ads.
Who writes the rules for ads
The AANA Code of Ethics is written and maintained by the Australian Association of National Advertisers. It sets expectations for advertisers on a range of subjects. These include discrimination, sexual appeal, nudity, violence and language. Health and safety is covered too, and so is the need for ads to be clearly identifiable as advertising.
The Code is not fixed in place. The AANA has been reviewing it to keep pace with community values and expectations. A discussion paper went out for public feedback, with submissions due in January 2026. Any changes from that review may affect how future ads are judged, so it pays to check the current version before a big campaign.
A closer look at discrimination and vilification
Section 2.1 of the Code deals with discrimination and vilification. It says ads must not portray people or material in a way that discriminates against or vilifies a person or section of the community. The listed grounds are race, ethnicity, nationality, gender, age, sexual preference, religion, disability, mental illness or political belief. Ad Standards defines discrimination as unfair or less favourable treatment. Vilification means content that humiliates or intimidates, or incites hatred, contempt or ridicule.
For most small businesses this is not about deliberate offence. Problems often come from jokes, stereotypes or images that seemed harmless in a planning meeting. A second pair of eyes from outside the business can pick these up early. Ad Standards also publishes a practice note and case studies that show how this section has been applied.
Who can make a complaint
Any member of the public can complain about any ad on any medium. That takes in television, radio, print, outdoor signs and online ads. Only one complaint is needed for Ad Standards to investigate. Complaints are lodged through an online form, and the Ad Standards complaints process page sets out each step.
The person complaining has to give details of the ad, including where and when they saw it. A photo, video or screenshot helps if they have one. They also need to explain why they object to the ad or were offended by it. Ad Standards does not accept anonymous complaints, so an email or postal address is required.
Complaints that are not accepted
Not every complaint goes forward. Ad Standards may decline one if the ad has already been assessed by the Community Panel. It may also decline if the issue is not covered by the codes or the material is not an ad. A complaint from a competitor is handled differently and needs to be lodged as a separate competitor complaint.
This screening step matters for advertisers. A complaint only reaches you once Ad Standards has decided it raises an issue under the codes. If your ad has already been through the Panel, a fresh complaint on the same ad may not be accepted. That gives some certainty once a decision has been made.
What happens when your ad receives a complaint
If a complaint raises an issue under the codes, Ad Standards notifies the advertiser. You receive a copy of the complaint and are asked to respond. A written response is usually due within five business days. The Community Panel may still assess the ad if you do not respond, so ignoring the letter is a poor choice.
Your response is your chance to explain the ad. Set out the context, the audience it was aimed at and where it ran. Stick to the issues raised and the relevant parts of the Code. Ad Standards suggests reading its determination summaries before writing, as they show how similar ads have been treated.
Inside the Community Panel
The Community Panel meets regularly. Its members come from a broad range of age groups and backgrounds. They are not affiliated with the advertising industry and do not represent any interest group. The Panel looks at the ad, the complaints, the relevant code provisions, your response and any other supporting material.
The Panel is not limited to the points the complainant raised. It can assess the ad against every relevant provision in the codes. Decisions are made by simple majority. The result is either dismissed, which means no breach was found, or upheld, which means the Panel found a breach.
Outcomes and what you need to do
The steps after a decision depend on the outcome. Timeframes are short, so it helps to know them in advance. Here is how each one plays out.
- Dismissed: the advertiser is usually told within 48 hours of the decision.
- Upheld: the advertiser is asked to change or remove the ad and has five days to respond.
- Complainants: they are usually told the outcome within 10 days of the decision, when the case report is published.
- Not followed: Ad Standards may contact the media owner to have the ad removed.
Case reports are published, so an upheld complaint becomes part of the public record. If an ad is not changed in time, that failure is noted in the case report. The report may be sent to media proprietors, who can pull the ad. It may also be referred to a government agency or industry body.
Asking for an independent review
Advertisers and the original complainants can both ask for an independent review of a Panel decision. The request must be made within 10 business days of being notified. It has to meet set grounds for review. There are costs involved in lodging a request, so read the grounds closely first.
Writing ads that hold up to scrutiny
Most of the risk sits in the planning stage. Before an ad goes out, read it against the subject areas in the Code. Ask how it might look to someone from a different age group or background. If a joke relies on a stereotype, it is worth rethinking. Clear copy usually does better than shock value anyway, and these questions your sales copy must address are a good starting point.
The same care applies online. Ad Standards accepts complaints about ads on any medium, which includes online channels. If you publish video, the advice on making YouTube videos support your SEO still holds, but the content itself needs to meet the Code. A short internal checklist for every channel keeps things consistent.
Your website is part of your marketing too. Different website types carry different amounts of promotional content, from simple brochure sites to online shops. Anything that reads as an ad on those pages deserves the same review. Steady work such as an SEO program builds trust over time without the risks that come with edgy campaigns.
Frequently asked questions
Can a complaint be made anonymously?
No. Ad Standards does not accept anonymous complaints. The person complaining must give an email or postal address.
How many complaints does it take to start an investigation?
Just one. A single complaint from a member of the public is enough for Ad Standards to investigate. It still has to raise an issue covered by the codes before it goes further.
How long do I have to respond to a complaint?
A written response is usually due within five business days. If you miss it, the Panel may assess the ad without your input. It is best to reply on time and keep your response focused.
Who wrote the AANA Code of Ethics?
The Australian Association of National Advertisers writes and maintains the Code. It has been under review to reflect community standards and international best practice. Check the latest version before planning a major campaign.
This article is general information only and is not legal advice. Advertising rules and processes can change, and other laws may also apply depending on your state or territory and your industry. Speak with a qualified lawyer about your own situation.