Compliance guide
Linked Content and Third-Party Liability: Articles, Blogs and Directories
Quick answer — Can linking to content make my website an unlawful advertisement?
Yes. TGA guidance uses this exact scenario: a website that links out to a blog promoting medicinal cannabis for a condition is likely to be deemed an advertisement because of the link. And liability runs both ways — publishers have been fined ($56,340 against News Life Media over a single Body+Soul article) and taken to Federal Court (Atlus, Mamamia, News Life Media and Straight Up PRT) for content promoting medicinal cannabis.
The three exposure channels
Outbound links: 'further reading' links, resource pages and citation links to content that promotes cannabis for conditions adopt that promotion into your page. Balanced links to material discussing a range of treatments without emphasising cannabis benefits can survive — the TGA's guidance draws precisely this line — but the balance test is strict.
Earned and sponsored media: articles about your business are advertisements when they promote use or supply, and the publisher cases show the TGA will pursue them. If a journalist's piece about your clinic reads as promotion, both the publisher and potentially the business that procured it are exposed.
Directories and affiliates: your listing copy, logo and category placement on third-party directories are your advertising. Affiliate arrangements that route consumers toward prescribing services need especially careful wording — 'book a consultation' framing rather than anything referencing the substance or outcomes.
What the publisher cases changed
Before News Life Media and Mamamia, most operators treated media coverage as unambiguous upside. The enforcement record now prices it: a single lifestyle article drew three infringement notices, and a group of publishers faces Federal Court proceedings. For cannabis-sector businesses the practical consequence is that PR requires the same compliance review as owned marketing — including historical coverage that still ranks in search.
Frequently asked questions
Are we liable for what a journalist writes about us independently?
Genuine independent editorial is the publisher's exposure. But procured, paid or facilitated coverage — and any coverage you then share or link to — pulls you in.
Should we audit our backlink profile?
Know it, at minimum. You can't control every inbound link, but you can control what you link to, share, embed and pay for — and remove historical outbound links that fail the balance test.
Are affiliate arrangements with clinics lawful?
They can be structured lawfully with strict wording discipline — service-and-booking framing, no substance references, no condition claims. The wording is the whole game, which is why affiliate copy is a named check in our audits.
Do directory listings really get scanned?
The TGA monitors digital channels proactively, and directory pages are public web pages like any other.
Check where you stand
The breach patterns in this guide are exactly what our audit engine checks. Start with the free 10-point self-assessment, a $149 rapid scan, or the $449 full audit. Everything is delivered by email.