Key Points:
The challenge for issuers and distributors of insurance
is making the right message clear while complying with relevant
laws.
There is no shortage of regulation when it comes to advertising
insurance products. It sometimes happens that there is a tension
between the commercial position that a party is trying to achieve
and the position allowed by regulations. Understanding where the
boundaries lie is vital to avoid overstepping the mark with an
advertising campaign which is intended to be as effective as
possible within the confines of the law. But where do the
boundaries lie?
ASIC's view can be gleaned, at least in part, from
information it releases from time to time. For example, in February
this year ASIC released Regulatory Guide 234 –
Advertising financial products and advice services (RG
234) and, more recently,
ASIC stated its views on certain types of advertising. Such
guidance and statements provide helpful insights into
