An online photo book retailer has been fined nearly $40,000 for instructing social media influencers not to disclose they had been paid for Instagram posts. The Australian Competition and Consumer Commission (ACCC) issued two infringement notices totalling $39,600 to Tomsem Consolidated, trading as PhotobookShop, after an influencer reported the breaches.
The ACCC found that between August 2024 and September 2025, PhotobookShop commissioned influencers to review its products on 107 occasions, instructing them not to disclose that they had received free products worth between $50 and $400. One written agreement stated: 'Please ensure that your videos do not mention that the product is free, sponsored, or that PhotobookShop contacted you to create them in exchange for products.'
This marks the first time a penalty has been imposed on an Australian business for an influencer failing to disclose paid content. ACCC deputy chair Catriona Lowe said: '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.'
In a separate infringement, the ACCC alleged PhotobookShop edited a review from an influencer to remove negative comments. The original review described the AI assistant tool as 'a bit fiddly' and 'a bit confusing', but the edited version only included: 'I used their AI assistant tool to help me make it and I am happy with my photo book.' No acknowledgment of the edit was made on the post.
PhotobookShop has since updated its Instagram page to clearly mark sponsored content and gifted products. The ACCC noted it will soon release guidelines for influencers outlining their obligations under Australian consumer law.
