{"id":"F2018L01701","name":"Foreign Influence Transparency Scheme (Disclosure in Communications Activity) Rules 2018","slug":"foreign-influence-transparency-scheme-disclosure-in-communications-activity-rules-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98364,"registerId":"commonwealth-F2018L01701-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Foreign Influence Transparency Scheme (Disclosure in Communications Activity) Rules 2018.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

At the same time as the Foreign Influence Transparency Scheme Act 2018 commences.

10 December 2018

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Foreign Influence Transparency Scheme Act 2018.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) communications activity;\n (b) foreign principal;\n (c) on behalf of;\n (d) person.\n In this instrument:\n\n> Act means the Foreign Influence Transparency Scheme Act 2018.\n\n> digital banner advertising includes both of the following:\n\n (a) displaying a static or dynamic banner on a website accessed using an internet browser;\n (b) causing a video to stream when a banner on such a website is hovered over.\n\n> electronic message means a message sent:\n\n (a) using:\n (i) a listed carriage service that enables end‑users to access the internet; or\n (ii) any other listed carriage service; and\n (b) to an electronic address in connection with:\n (i) an email account; or\n (ii) an instant messaging account; or\n (iii) a telephone account; or\n (iv) a similar account;\n except a message sent by way of a voice call made using a standard telephone service (within the meaning of the Telecommunications (Consumer Protection and Service Standards) Act 1999).\n\n> Note: Email addresses and telephone numbers are examples of electronic addresses.\n\n> listed carriage service has the same meaning as in the Telecommunications Act 1997.\n\n> message means information:\n\n (a) whether in the form of text; or\n (b) whether in the form of data; or\n (c) whether in the form of speech, music or other sounds; or\n (d) whether in the form of visual images (animated or otherwise); or\n (e) whether in any other form; or\n (f) whether in any combination of forms.\n\n> telephony includes a voice call:\n\n (a) whether or not the call involves voice over IP; and\n (b) whether or not the call is initiated by an individual.\n\n> voice call means:\n\n (a) a voice call within the ordinary meaning of that expression; or\n (b) a call that involves a recorded or synthetic voice; or\n (c) if a call covered by paragraph (a) or (b) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)—a call that is equivalent to a call covered by either of those paragraphs;\n whether or not the customer responds by way of pressing buttons on a telephone handset or similar thing.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Disclosures in communications activities","content":"## Part 2—Disclosures in communications activities","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Disclosures in communications activities generally","content":"#### 5 Disclosures in communications activities generally\n\n (1) For the purposes of paragraphs 38(2)(a), (b) and (c) of the Act:\n (a) the instances of communications activity in column 1 of the following table are prescribed; and\n (b) for each instance of communications activity in column 1 of an item of the following table, a disclosure whose content is prescribed by subsection (2) of this section is to be made in the form and manner set out in column 2 of the item, subject to subsection (3) of this section and sections 6 and 7.\n\n```html\n

Form and manner of disclosures for instances of communications activity

Column 1
Instance of communications activity

Column 2
Form and manner of disclosure

1

Communication or distribution of printed material

(a) at the end (or bottom) of each page of the printed material; and

(b) in a type size that can be read by a person with 20/20 vision without the use of any visual aid

2

Communication or distribution using a website, or web page, primarily used for communications activity that:

(a) is undertaken on behalf of one or more foreign principals; and

(b) is registrable in relation to at least one of those foreign principals within the meaning of section 21 of the Act

At the bottom of each page of the website or web page

3

Communication or distribution of an article published online or a blog post

(a) at the end of the article or post; or

(b) if the article or post appears over 2 or more pages—at the end of the content of the article or post on each of those pages

4

Telephony

At the beginning of the communication, information or material

5

Electronic message

(a) at the end of the message; or

(b) if the content of the disclosure is too long to be included in the message—in a website that can be accessed by a URL that is included in the message with an indication that the URL is of a website that contains a disclosure under the Foreign Influence Transparency Scheme Act 2018

6

Communication or distribution by social media, whether or not involving pictures or other images

(a) at the end of the communication; or

(b) if the content of the disclosure is too long to be included in the communication—in:

(i) a website that can be accessed by a URL that is included in the communication with an indication that the URL is of a website that contains a disclosure under the Foreign Influence Transparency Scheme Act 2018; or

(ii) a photo included in the communication

7

Search advertising

(a) at the bottom of the landing page from the URL; or

(b) if the content of the disclosure is too long to be included in the word limit of the search advertising—in a website that can be accessed by a URL that is included in the search advertising with an indication that the URL is of a website that contains a disclosure under the Foreign Influence Transparency Scheme Act 2018

8

Streaming music

In an announcement at the end of the communication

9

Digital banner advertising

(a) at the end of the banner; or

(b) if the content of the disclosure is too long to be included or embedded in the banner—in a website that can be accessed by a URL that is included in the banner with an indication that the URL is of a website that contains a disclosure under the Foreign Influence Transparency Scheme Act 2018

10

Communication or distribution using a mobile phone application or computer application, except communication or distribution covered by another item

(a) at the end of the information or material communicated or distributed; or

(b) if the content of the disclosure is too long to be included there—in either:

(i) a website that can be accessed by a URL that is included on the screen on which the application is open, with an indication that the URL is of a website that contains a disclosure under the Foreign Influence Transparency Scheme Act 2018; or

(ii) a photo included in the communication

11

Video‑sharing or streaming video

In an announcement and display at the end of the communication, information or material

12

Communication or distribution by out‑of‑home advertising wholly or partly by visual means

In a display at the end (or bottom) of the advertisement

13

Communication or distribution by projection

In a display at the end of the communication, information or material

14

Broadcasting by radio (including digital radio)

In an announcement at the end of the communication, information or material

15

Broadcasting by television

In an announcement and display at the end of the communication, information or material

16

Oral communication made in person

(a) at the beginning of the communication; and

(b) in any other communication, information or material made, displayed or distributed with the oral communication

\n```\n\n> Note 1: Communication or distribution of information is a communications activity only if the communication or distribution is to the public or a section of the public: see section 13 of the Act.\n\n> Note 2: Section 8 deals with the language in which a disclosure is to be made.\n\n Content of disclosures except for radio advertisements and authorised political material\n (2) For the purposes of paragraph (1)(b), the content of the disclosure must:\n (a) identify the person undertaking the communications activity; and\n (b) identify the foreign principal on whose behalf the person undertakes the communications activity; and\n (c) include a statement that the communications activity is undertaken on behalf of the foreign principal; and\n (d) include a statement that the disclosure is made under the Foreign Influence Transparency Scheme Act 2018.\n\n> Note: Example: A disclosure could be worded along the following lines:\n\n> Note: “This material is communicated by \\[name of person\\] on behalf of \\[name of foreign principal\\]. This disclosure is made under the Foreign Influence Transparency Scheme Act 2018.”\n\n> Note: This subsection is subject to sections 6 and 7 (which provide for simpler disclosures for radio advertisements and authorised political material).\n\n Instances of communications activity covered by 2 or more table items\n (3) If an instance of communications activity is in column 1 of 2 or more items of the table in subsection (1), the disclosure required by paragraph (1)(b) need be in the form and manner set out in column 2 of only one of those items.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Content of disclosure for radio advertisements","content":"#### 6 Content of disclosure for radio advertisements\n\n (1) For the purposes of paragraph 38(2)(c) of the Act, this section applies in relation to an instance of communications activity in item 14 of the table in subsection 5(1) (about broadcasting by radio, including digital radio), where the information or material (other than the disclosure) communicated is an advertisement.\n (2) The content of the disclosure relating to the instance must:\n (a) include a statement that the communication is a registrable activity under the Foreign Influence Transparency Scheme; and\n (b) if the advertisement runs for more than 15 seconds:\n (i) identify the foreign principal on whose behalf the communications activity is undertaken, if the foreign principal’s identity is not apparent from the advertisement; and\n (ii) state that the communications activity is undertaken on behalf of the foreign principal, if that is not apparent from the advertisement.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Form, manner and content of disclosure for authorised political material","content":"#### 7 Form, manner and content of disclosure for authorised political material\n\n (1) For the purposes of paragraphs 38(2)(b) and (c) of the Act, this section applies if particulars relating to an instance of communications activity in column 1 of an item of the table in subsection 5(1) are notified or announced in accordance with any of the following laws:\n (a) Part XXA of the Commonwealth Electoral Act 1918;\n (b) Part IX of the Referendum (Machinery Provisions) Act 1984;\n (c) subclause 4(2) of Schedule 2 to the Broadcasting Services Act 1992;\n (d) subsection 79A(2) of the Australian Broadcasting Corporation Act 1983;\n (e) subsection 70A(2) of the Special Broadcasting Service Act 1991.\n (2) A disclosure relating to the instance may be made in the same form and manner as the notification or announcement (instead of the form and manner in column 2 of the item of the table in subsection 5(1)).\n (3) The content of a disclosure relating to the instance may comply with subsection (4) of this section (instead of complying with subsection 5(2)).\n (4) A disclosure made in reliance on subsection (3) must:\n (a) include a statement that the communication is a registrable activity under the Foreign Influence Transparency Scheme; and\n (b) identify the foreign principal on whose behalf the communications activity is undertaken, if the foreign principal’s identity is not apparent from the information or material communicated or distributed, or from the particulars; and\n (c) state that the communications activity is undertaken on behalf of the foreign principal, if that is not apparent from the information or material communicated or distributed, or from the particulars.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Language of disclosure","content":"#### 8 Language of disclosure\n\n For the purposes of paragraphs 38(2)(b) and (c) of the Act, a disclosure relating to an instance of a communications activity is to be made in each language used (outside the disclosure) in the information or material communicated or distributed or, if no language is used (outside the disclosure) in that information or material, in English.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Written disclosures not to be obstructed or distorted","content":"#### 9 Written disclosures not to be obstructed or distorted\n\n For the purposes of paragraphs 38(2)(b) and (c) of the Act, so far as a disclosure is, under this Part, to be made in writing, the writing is not to be obstructed, or distorted, to any extent by anything in the rest of the communication, information or material.","sortOrder":10}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original purpose: prescribing disclosure mechanics for the Foreign Influence Transparency Scheme. It does not expand beyond the communications activity framework established by the parent Act, and the 16 communication methods listed are a reasonable operational elaboration of the core transparency objective rather than scope creep."},"complexity_factors":["16 distinct communication methods each with specific placement rules (table in section 5)","Multiple cross-references to the parent Act (FITS Act 2018) and other legislation including Electoral Act, Broadcasting Services Act, and telecommunications legislation","Nested conditional logic: standard rules in section 5, with exceptions for radio ads (section 6) and political material (section 7)","Fallback provisions for when disclosure content is 'too long' requiring URL links with specific wording","Incorporated definitions from Telecommunications Act 1997 and Telecommunications (Consumer Protection and Service Standards) Act 1999","Dual commencement provisions with tabular format","Disability accessibility requirements embedded in definitions (voice call accommodations)"],"plain_english_summary":"This legislation sets out the specific rules for how people and organisations must disclose their ties to foreign governments or entities when they communicate with the Australian public.\n\n**What it does:**\nThe Foreign Influence Transparency Scheme (FITS) requires people who work on behalf of foreign principals (foreign governments, political parties, or related entities) to register and disclose their activities. These Rules explain **exactly how** those disclosures must appear in different types of communication—from printed flyers to TikTok videos.\n\n**Who it affects:**\n- **Registered foreign influence operators**: Anyone registered under the FITS Act who is communicating on behalf of a foreign principal\n- **Media platforms and advertisers**: The rules cover 16 different communication methods including social media, radio, TV, websites, phone apps, billboards, and even in-person speeches\n\n**The key requirements:**\n- **Printed material**: Disclosure at the bottom of every page, in readable type size\n- **Phone calls**: Disclosure at the start of the call\n- **Social media posts**: Disclosure at the end of the post, or via a link if space is limited\n- **Radio ads**: Shorter disclosure allowed, but must identify the foreign principal if not obvious\n- **Political material**: Can use existing political authorisation rules instead of the standard format\n- **Language**: Disclosure must be in every language used in the communication\n\n**Why it matters:**\nThese rules ensure Australians know when they're receiving information paid for or directed by foreign governments. The \"who funded this\" label must be clear, visible, and not hidden or distorted. It's designed to prevent hidden foreign interference in Australian politics and public debate while allowing legitimate international engagement to continue transparently."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument does not expand or narrow the statutory categories in the Act; it prescribes the form, manner and content of disclosures required under the Foreign Influence Transparency Scheme Act 2018 (s 3; s 5(1)). The Rules provide mechanical specifications for many media types but do not, within the text supplied, alter the underlying scope of which communications are covered by the Act."},"complexity_factors":["Large number of different media types with specific placement requirements (s 5(1) table).","Cross‑references to definitions and obligations in the Act (s 4 note; s 5(1)).","Special rules and exceptions for certain formats (radio ads: s 6; authorised political material: s 7).","Multiple permitted ways to comply when space is limited (on‑message text vs URL to disclosure page) across several items (s 5(1) table items 5, 6, 7, 9, 10).","Language and legibility requirements that add operational steps (s 8; s 5(1) table item 1(b); s 9).","Overlap rule allowing choice when multiple table items apply (s 5(3)) which requires judgement by implementers."],"plain_english_summary":"What this instrument does (mechanically)\n\n- This instrument prescribes exactly how and where a person must include a disclosure when they undertake a \"communications activity\" on behalf of a foreign principal (see Authority and link to the Act) (s 3; s 5(1)).\n- It sets a list of communication types (printed material, websites, online articles, telephony, electronic messages, social media, search ads, streaming, banner ads, mobile apps, video, out‑of‑home ads, projection, radio, television and in‑person oral communications) and, for each type, specifies the form and placement of the disclosure (s 5(1) and the table in s 5(1)).\n- It specifies the content of most disclosures: identify the person, identify the foreign principal, say the activity is on behalf of that foreign principal, and state the disclosure is made under the Foreign Influence Transparency Scheme Act 2018 (s 5(2)).\n- There are special content rules for radio advertisements (shorter form allowed; additional identification if the ad runs more than 15 seconds) (s 6) and for \"authorised political material\" which may use the existing notification forms under electoral and broadcasting laws (s 7).\n- The instrument requires disclosures to be made in each language used in the communication (or in English if no other language is used) (s 8) and requires written disclosures not to be obscured or distorted by the rest of the communication (s 9).\n\nWho this affects\n\n- Persons who undertake communications activities to the public or a section of the public on behalf of a foreign principal (the term \"communications activity\" and related terms are defined in the Act; the Rules implement the disclosure aspects) (s 4 note; s 5(1)).\n- Publishers, advertisers, communications platforms, broadcasters, app developers and others who create, host or distribute such material will need to ensure the prescribed disclosure appears in the specified place and form for the medium used (s 5(1) table items).\n\nWhy it matters (stated purpose and a practical read across)\n\n- The instrument exists to give effect to the disclosure requirements in the Foreign Influence Transparency Scheme Act 2018 by prescribing how disclosures must appear in different media (s 3; s 5(1)). The prescription standardises placement and minimum content so that disclosures are consistent across many formats (s 5(1) table; s 5(2)).\n\nCosts, incentives, trade‑offs and implementation implications (mechanisms, with citations)\n\n- Compliance burden and direct costs: affected persons must alter the presentation of communications across a wide range of media to include the required disclosure text or an agreed alternative (for example a URL), including updating templates, creative materials and platform code (s 5(1) table; s 5(2)). The table explicitly allows a URL linking to a disclosure site where space is limited (electronic messages, social media, search advertising, digital banners, mobile apps) — that substitutes on‑platform disclosure with off‑platform disclosure (s 5(1) table items 5, 6, 7, 9, 10).\n- Format and content constraints: printed material must include the disclosure at the end or bottom of each page, and in a type size readable by a person with 20/20 vision (s 5(1) table, item 1(b)). Radio ads have a shorter permissible disclosure form but require identification when ads exceed 15 seconds (s 6(2)). Oral, telephony and other time‑bound media require placement at the beginning or end as prescribed (s 5(1) table items 4, 11, 14, 15, 16).\n- Choice and implementation flexibilities: where a single communication falls under multiple table items, the person need comply with only one applicable item (s 5(3)). Authorised political material may use existing disclosure formats under electoral and broadcasting laws instead of the default format (s 7(2)–(4)). These rules give implementers limited choice about how to satisfy the obligation, which can lower duplication of effort but requires judgement about which option applies.\n- Language and accessibility constraints: disclosures must be made in every language used outside the disclosure in the communication (or in English if no other language is used), which increases translation and verification work for multilingual materials (s 8). Written disclosures must not be obscured or distorted by other content, creating a clear legibility standard implementers must meet (s 9).\n- Behavioural and operational effects: the obligation changes how communications are packaged and distributed (who pays: the person undertaking the communications activity must include the disclosure) (s 5(2)). Where direct placement is impractical due to length or format, the permitted URL option may shift traffic to an external disclosure page (s 5(1) table items 5, 6, 7, 9, 10). For short media slots (e.g. radio), the prescribed shorter content or timing rules affect creative choices and ad length management (s 6).\n\nAdministrative discretion and lines of decision\n\n- The instrument itself prescribes the form, manner and content; it does not create new administrative exemption powers within the text provided. For certain political communications, existing notification regimes under electoral and broadcasting laws determine the form and content if relied upon (s 7(1)–(4)). That reliance shifts the decision about format to those other statutory regimes when applicable.\n\nEffects on private enterprise, competition and individual choice (mechanistic account)\n\n- Private businesses that place or host communications will bear the compliance cost of including disclosures in the prescribed places and forms (s 5(1) table; s 5(2)). That can increase production and distribution costs for affected activities (e.g. additional screen real estate in apps, changes to creative assets, links to disclosure pages).\n- The instrument does not itself change ownership rules, pricing caps, or market entry restrictions. It does constrain how messages are presented, which can influence how businesses design and price advertising or communications services but leaves substantive commercial decisions to providers subject to the disclosure format rules (s 5(1) table).\n\nConcrete implementation risks and potential substitution effects\n\n- Risk of non‑compliance through format mismatch: the instrument lists many specific media types and placements; implementers must map their communications to the correct table item or risk non‑compliance (s 5(1) and s 5(3)).\n- Substitution to external disclosures: when disclosures are too long, the instrument repeatedly permits using a URL to an external disclosure page (s 5(1) table items 5, 6, 7, 9, 10). That creates a mechanical trade‑off between on‑platform visibility and link‑based disclosure.\n\nConcentrated benefits or costs\n\n- Costs are concentrated on persons and organisations that undertake communications on behalf of foreign principals (they must produce and place disclosures) (s 5(2)). Any visibility benefit from disclosure (for audiences) is diffuse.\n\nMain implementation checkpoints for affected parties\n\n- Identify whether your communication is a \"communications activity\" to the public or a section of the public (see the Act definitions referenced in the Rules) (s 4 note; s 5(1) note 1).\n- Map each medium used to the correct table item in s 5(1) and apply the prescribed placement and content rules (s 5(1) table; s 5(2)).\n- For limited‑space media, prepare a disclosure page reachable by URL and ensure the message includes the URL and the required indication that the URL contains a disclosure under the Act (s 5(1) table items permitting URLs).\n- Ensure translations where communications use other languages, and ensure written disclosures are legible and not obscured (s 8; s 9).\n\nKey sections to consult in the Rules\n\n- Prescribed instances and placement, and the content rule: s 5(1)–(3) and s 5(2).\n- Radio ad rules: s 6.\n- Authorised political material rules and cross‑reference to electoral/broadcasting law formats: s 7(1)–(4).\n- Language and legibility rules: s 8–9.\n\nSources cited: Foreign Influence Transparency Scheme (Disclosure in Communications Activity) Rules 2018: sections 3, 4 (notes), 5(1)–(3), 5(2), 6, 7, 8, 9."}},"importantCases":[],"_links":{"self":"/api/acts/foreign-influence-transparency-scheme-disclosure-in-communications-activity-rules-2018","history":"/api/acts/foreign-influence-transparency-scheme-disclosure-in-communications-activity-rules-2018/history","analysis":"/api/acts/foreign-influence-transparency-scheme-disclosure-in-communications-activity-rules-2018/analysis","conflicts":"/api/acts/foreign-influence-transparency-scheme-disclosure-in-communications-activity-rules-2018/conflicts","importantCases":"/api/acts/foreign-influence-transparency-scheme-disclosure-in-communications-activity-rules-2018/important-cases","documents":"/api/acts/foreign-influence-transparency-scheme-disclosure-in-communications-activity-rules-2018/documents"}}