Navigating the Australian Consumer Law in the digital marketplace: Hazards for commercial entities

Currently most Australian businesses make use of the internet and social media as a forum to market their products or services to consumers. Social media, in particular, has transitioned from being a tool for personal communication to a platform for business. The online marketplace is growing rapidly — for example, in 2014 online retail spending by consumers in Australia amounted to $16.2 billion, and in January 2015 there were 13.8 million Australian Facebook users. In the digital marketplace, there are further opportunities for breaches of consumer protection laws, especially in relation to misleading conduct or statements. This article provides an overview of the application of the Australian Consumer Law (ACL) to e-commerce transactions and examines emerging consumer issues for commercial entities through use of the internet and social media.