Home / Legislation / Financial Planning Association backs finfluencer crackdown

Financial Planning Association backs finfluencer crackdown

'Double standards' of regulation exposed by social media
Legislation

ASIC’s recent crackdown on “finfluencers” spruiking online financial advice through social media channels without proper licensin, has been welcomed by the Financial Planning Association of Australia (FPA). ASIC says “unlicensed finfluencers could face five years’ jail time or fines of more than $1 million if they talk about stocks, investment funds or financial products.”

The newly appointed head of the FPA, Sarah Abood, was concerned about the growing number of unlicensed finfluencers issuing financial advice to unsuspecting customers and putting them at risk. Customers acting on advice from an unlicensed finfluencer are essentially not protected by ASIC if things go wrong.

She says, “ASIC’s actions to enforce the law are very important, showing that the risks of online discussion about financial products and services are being taken more seriously.”

  • There seems to be a double standard when giving financial advice. Unlicensed finfluencers have been giving financial advice on social media to inexperienced investors for almost two years. However, financial planners seem to be treated differently. They are subject to meticulous regulations and ever-increasing compliance procedures so that the consumer is protected and there is confidence in the advice they have received.

    The Banking Royal Commission saw financial planners undergo an examination and added regulatory compliance. It’s also seen many in the industry, pack up and leave.

    Abood does, however, provide some guidance for finfluencers, saying their skills could play an important role in “improving financial literacy and confidence among consumers, and they were often very effective at providing that information in an engaging way online.”

    The danger is that finfluencers could now switch to cryptocurrency. This is an area that has no protections: ASIC is not able to regulate crypto assets as they are not deemed to be financial products.

    This is the reason why ASIC is trying to sway finfluencers towards “regtech” – regulatory technology ensures that companies are more effective in reaching regulatory compliance. Regtech helps minimise the risk of human error by automating the processes.

    In this context, ASIC suggested a refocus on going down the regtech path where it could facilitate online discussions about financial products and services, replacing risky unregulated finfluencers. Regtech could solve the problem faced by retail investors seeking financial advice online. ASIC Commissioner Cathie Armour said, “Regtech companies could adapt their existing financial advice solutions to help social media users discuss financial matters.”

    Social media users can check if a social media financial influencer is licensed to give financial advice by typing the name of the finfluencer into ASIC’s financial advice register.

    Ishan Dan

    Ishan is an experienced journalist covering The Inside Investor and The Insider Adviser publications.




    Print Article

    Related
    The 6 ways policymakers can fix advice in the 2024/25 budget: FAAA

    The collation of issues is an important marker for how many areas of advice legislation still need improvement for the industry to thrive, with fairness at the heart of all the proposals put forward by the association.

    Tahn Sharpe | 5th Feb 2024 | More
    Super tax break costs misrepresented: Mercer

    The idea that superannuation tax concessions are costing the government more than the Age Pension is based on bad analysis, according to Mercer, which found that concessions will actually save taxpayers in the long run.

    Lisa Uhlman | 31st Aug 2023 | More
    Review into ASIC funding model recommends levy discount cut and… another review

    While finding that more research is needed to determine if the “definitions, metrics and formulas” used to calculate levies remain fit‑for‑purpose, Treasury was able to determine that advisers should no longer benefit from discounted levies.

    Tahn Sharpe | 29th Jun 2023 | More
    Popular
  • Popular posts: