The Regulatory Environment
Why this matters.
Now.
Three things happened between October 2024 and today that change the playing field for any business operating under a licence.
● Compiled May 20263 dated regulatory artefacts4 implications
Why this matters.
The timeline
October 2024
ASIC Report 798
ref · REP 798
ASIC has confirmed in Report 798 (October 2024) that existing licensee obligations under s912A and s1041H of the Corporations Act, and the advertising guidance in RG 234, are not displaced by AI use. Governance is lagging adoption.
- ASIC found that many licensees are deploying AI without adequate governance frameworks
- Existing obligations around efficient, honest and fair conduct apply equally to AI-generated content
- Misleading or deceptive conduct provisions make no distinction between human and machine-authored communications
- Licensees remain responsible for all communications issued under their licence, regardless of how they were produced
December 2024
Privacy Act Reforms
ref · POL Act 2024
The Privacy and Other Legislation Amendment Act 2024 introduced a statutory tort for serious invasions of privacy. The tort commenced in mid-2025 and allows direct civil action where conduct is intentional or reckless and the privacy interest was serious.
- Individuals can now pursue direct legal action for serious privacy breaches
- No longer reliant on the OAIC to investigate and take enforcement action
- Significantly increases the risk profile of handling personal information
- AI systems that process customer data must be designed with privacy by default
Sources→ Privacy Act
In Progress
What Comes Next
ref · Tranche 2
Tranche 2 broadens the definition of personal information, introduces a "fair and reasonable" handling test, and on current trajectory, removes the small business exemption.
- The definition of personal information will expand to cover more data types
- A new "fair and reasonable" test will apply to all handling of personal information
- The small business exemption is likely to be removed, bringing more entities into scope
- Higher penalties and stricter enforcement are expected across the board
Our view
The implications are structural.
Inside Voice writes these as the firm's reading of where the regulatory environment now sits. Read them as a practitioner's view, not a regulator's pronouncement.
01[evidence]
Content is evidence
Every piece of marketing, every client communication, every social post is a potential exhibit in a regulatory inquiry or civil proceeding. The provenance of that content matters.
02[speed]
Speed is not a defence
"We needed to publish quickly" has never been accepted as a defence for misleading content. AI accelerates production but does not relax the standard of care.
03[delegation]
Delegation is not absolution
Outsourcing content creation, whether to an agency, a freelancer, or an AI tool, does not transfer your obligations. The licence holder remains accountable.
04[silence]
Silence is not strategy
Choosing not to publish does not eliminate risk. Competitors who solve the compliance problem will capture attention. Inaction has a cost.
The Inside Voice approach
Compliance built into the brief,
not bolted on at the end.
We don't ask you to choose between velocity and compliance. Our infrastructure embeds your regulatory obligations into every content request, so nothing reaches approval that hasn't already been drafted inside the envelope.