New Tough Legal Restrictions On Aussie Cryptocurrency Influencers

Bitcoinist April 18, 2022
Updated 2022/04/18 at 7:28 AM
4 Min Read

As more people and businesses shift towards digital assets, the cryptocurrency space is gaining more popularity. The increasing number of new crypto enthusiasts is skyrocketing daily. More people and brands move into the industry with different purposes.

While some people stick to daily speculation of the token in their investments, some opt for long-term investment purposes. Some brands are using the industry as a measure for expanding their businesses, primarily through the growth of their customer base.

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Despite the increasing movement in the global use of cryptocurrencies, there is still a high ignorance about the assets. Moreover, with its high volatility risks, the possibility of the capital loss is exceptionally high. As a result, many jurisdictions enforce some regulatory measures on cryptocurrencies and most transactions.

Recent regulatory enforcement in Australia has erupted, which is believed to serve as protection for the public. The Australian Securities and Investments Commission (ASIC) has released new warnings for financial influencers. The notice, centered on appropriate conduct, could significantly impact the country’s crypto industry.

The Information Sheet from ASIC outlines the regulatory measures against companies and influencers who may deliberately or unconsciously promote financial products. The records reveal that firms could receive penalties of paying millions of dollars once they disregard the ASIC warnings. On the part of individuals, they could get up to five years imprisonment.

Definition Of Promotion in ASIC New Warnings Against Cryptocurrency Influencers

Though the warning didn’t particularly name crypto influencers, they could be implied through the guidelines since crypto investment services are regarded as financial products.

For the businesses and individuals who are still unsure if there are inclusive services for violating the law, ASIC gave a leading statement. The commission wrote that they should consider if their content provides financial services which are still unlicensed.

The confusing central part of the new rules is explaining what makes up the act of promotion in contrast with the harmless information on financial products. For example, on March 29, Dave Gow, a financial blogger from Strong Money, wrote that publicizing anything could trigger someone into using or investing in a financial product.

New Tough Legal Restrictions On Aussie Cryptocurrency Influencers
The cryptocurrency market stands above $1.8 Trillion | Source: Crypto Total Market Cap on

The assessment from Gow depended on the ASIC distinction between objective facts on financial products and the manner of presentation from the influencers.

The commission stated that presenting factual information about a product implies recommendations in which a person should or should not invest. Also, an influencer can break the rule by offering advice on financial products while being unlicensed.

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On his part, Senator Andrew Bragg of the Australian Liberal exerts that discrepancy between ASIC’s new guidelines and crypto regulation in the country. He believes that there should be an exemption for the crypto industry based on current laws from the recent restrictions.

Last month at the Australia Blockchain Week, Senator Bragg had newly introduced a proposal regarding decentralized autonomous organizations. The senator remains a proponent of stronger cryptocurrency regulations.

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