Preventing disruption in the tourism, events and hospitality industry caused by misleading or deceptive conduct via the Internet

As access to the internet in Australian homes continues to increase, and the ease to access information and online booking processes improve, business in the tourism, hospitality and events industry must continue to proactively develop and differentiate their products and services in an increasingly competitive and digitally advanced online market. This paper provides a discussion of the legislative provisions of the Australian Consumer Law that prohibit misleading or deceptive conduct and identifies some of the common areas in digital technology that may give rise to misleading or deceptive conduct. The discussion of the legislation and case law provides an opportunity for the tourism, hospitality and events industry to acquire an understanding of the Australian Consumer Law and how the law underpins the marketing of products and services in an online environment. This information will assist in the risk management of tourism operators and prevent a breach of the Australian Consumer Law, which can be disruptive to the industry through the financial cost of litigation and penalties, the shutting down of a website by way of an injunction and damaging to the brand image of products or services.