PhotobookShop pays penalties for influencer reviews

Online photobook business Tomsem Consolidated Pty Ltd, trading as PhotobookShop, has paid $39,600 in penalties after the ACCC issued it with two infringement notices for alleged misleading influencer reviews it posted on Instagram.

The investigation into PhotobookShop began when an influencer reported concerns to the ACCC about a written agreement PhotobookShop presented to them that requested that they did not disclose they had been gifted a photobook in exchange for a review.

"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."

PhotobookShop did not disclose it paid and commissioned influencers for reviews

Between August 2024 and September 2025, PhotobookShop commissioned influencers to produce reviews for social media, and on 107 occasions instructed influencers not to disclose it paid them with free PhotobookShop products for creating their review. The gifted products were valued at around $50 to $400.

(Image: "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,")

Following this instruction, an influencer created a review that did not disclose that it was commissioned by PhotobookShop or that Photobook gave the influencer a product for free.

The ACCC issued an infringement notice to PhotobookShop for posting the influencer review to its Instagram page without disclosing it had commissioned and paid the influencer to create the review by providing them with a free product as a 'gift'. In doing so, the ACCC alleges PhotobookShop represented to consumers that the review was an organic, unpaid review, when this was not the case.

PhotobookShop substantively edited a review to remove negative content

The ACCC issued a second infringement notice to PhotobookShop following edits made by PhotobookShop to an influencer's review it posted to its Instagram page.

PhotobookShop commissioned an influencer to create a video reviewing a hard-cover photobook. In the original review the influencer described the process of using PhotobookShop's AI assistant tool as "a bit fiddly" and "a bit confusing":

"I used their AI assistant tool to help me make it [the hard-cover photobook] and while it was a bit fiddly, it did help the overall experience and then I got the chance to modify anything I was unhappy with. It was a bit confusing but I am happy with my photo book".

Photobook edited the video to remove the bold text above, such that only the following parts remained in the edited video:

"I used their AI assistant tool to help me make it [the hard-cover photobook] and I am happy with my photo book."

PhotobookShop did not disclose that substantive edits had been made. The ACCC alleges PhotobookShop's edits changed the overall impression given by the influencer's review.

"When a business posts a review on social media, consumers would reasonably assume that the post genuinely reflects the review. 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," Ms Lowe said.

"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."

"Influencers, businesses hiring them as well as any third party facilitators need to be aware of their Australian Consumer Law obligations," Ms Lowe said.

More information about how the Australian Consumer Law (ACL) applies on social media is available on the ACCC website.

"We thank everyone who takes the time to report their concerns to the ACCC and encourage any influencers who are worried about businesses misleading consumers, including by failing to disclose paid partnerships, to come forward," Ms Lowe said.

The ACCC has prioritised consumer and fair-trading issues relating to manipulative or deceptive advertising and marketing practices in the digital economy for several years.

The ACCC will soon release specific guidelines for influencers that clearly outline their obligations under the ACL.

For social media influencers, there are also industry-led practices and guidelines which provide a standard for Australian influencer businesses and advertisers. For example, the Australian Association of National Advertisers' Code of Ethics requires that advertising is clearly distinguishable as such. The Australian Influencer Marketing Council's Code of Practice also outlines good practice for companies and influencers engaging in influencer marketing, including in disclosing advertisements.

Background

Tomsen Consolidated Pty Ltd is an Australian company headquartered in Victoria that trades as 'PhotobookShop' and sells personalised printed products to consumers online, including photobooks, photo canvases, and other personalised printed products.

In January 2023, the ACCC conducted its first social media sweep targeting influencers.

In December 2023, the ACCC provided an update on its work on misleading reviews on social media and published a report on the internet sweep and a report on social media testimonials and endorsements.

More information about online reviews is also available on the ACCC website.

Note to editors

The ACCC can issue an infringement notice when it has reasonable grounds to believe a person or business has contravened certain consumer protection provisions in the ACL.

The payment of a penalty specified in an infringement notice is not an admission of a contravention of the ACL.