Advertising FAQ for SPA members

Please find below responses to questions Speech Pathology Australia (SPA) members frequently ask about Advertising. If you required further clarification please contact SPA by phoning 1300 368 835, or email.

This information should be read in conjunction with Speech Pathology Australia (SPA) 2020 Code of Ethics and SPA’s Code of Ethics – Advertising policy (Policy No. 3.03) and other adverting resources. 

What is acceptable advertising?

Advertising should inform the public of the availability of a service and should be accurate, based on evidence and should not be misleading.  

Think about your advertising from a consumer’s point of view:  

• Could it be misleading?  
• Does it tell the individual everything they need to know?  
• Does it create a realistic expectation of what your service might do for them? 

Claims regarding specific treatments and broad claims as to the benefit of a particular service all have the potential to be misleading. The overall impression created by the advertising is just as important to consider as specific treatment claims.  

How does SPA define advertising?

Advertising includes all forms of printed and electronic media content that publicly promote a speech pathology service. Examples are:  

• Media such as television, radio, movies, newspapers, books, magazines, internet, websites,
• Social media such as Facebook, YouTube, Instagram, Twitter, TikTok, blogs, podcasts etc.
• Signage and marketing collateral: billboards, office signs, letterhead, business cards, with compliments slips, pictorial representations and designs, public and professional lists, professional notices (e.g., recall notices), car magnets, job advertisements.

Advertising does not include, and therefore the policy does not apply, to the following sources of information:

• Clinical or technical material issued to individuals with communication and swallowing needs during consultations, when the person is given adequate opportunity to discuss and ask questions about the information,
• Material issued by a person or organisation for the purpose of public health information, or as part of a public health program or health promotion activities, including fundraising activities, tenders, competitive business quotations and proposals, provided the relevant material is not made available to the general public or used for promotional purposes (such as being published on a website), and;
• Comments about a speech pathologist or service made on a social media site or consumer information sharing site e.g. health professional directory, where the site is not owned, operated or controlled by the speech pathologist or service.

As a member of SPA, what standards do I need to adhere to when I advertise?

When signing the annual member declaration, all SPA members agree to comply with the values, principles and standards outlined in SPA 2020 Code of Ethics. In relation to advertising, members must pay particular attention to:

Professionalism and integrity: We uphold the reputation of our profession in all our activities and communications. We act in an objective manner, and are transparent, accountable and keep our commitments.

Truth and veracity: We act honestly and demonstrate respect.

Professional conduct: we…provide services only where there is clinical need and don’t directly or indirectly encourage the indiscriminate or unnecessary use of our services.

Accurate and timely information: We make sure that information we provide is clear, accurate and sufficient, and that it is provided in a timely manner. We communicate in a respectful and professional way. We provide information that is accessible and understood by consumers, their families, and significant others… We maintain the currency and accuracy of information. We: 

• Represent our training and competence accurately; and 
• Ensure out promotional, marketing and advertising materials are accurate, objective, and based on clinical evidence. 

We uphold the reputation of the profession. 

The Advertising Policy sets out how these principles relate to advertising the services you offer as a Speech Pathologist, you can find this policy here: Advertising Policy

In addition to the SPA Code of Ethics, Speech Pathologists should consider whether their advertising adheres to state and federal laws, including but not limited to:

• Competition and Consumer Act 2010
• Australian Consumer Law 2011
• Therapeutic Goods Act 1989

More information can be found at the following link: ACCC Advertising and Selling Guide

How is the Advertising Policy enforced?

Potential problems with advertising materials are identified one of two ways; either a member or member of the public brings these materials to the attention of the Ethics Advisor, or these materials are picked up in a screening process. If you have concerns about the advertising of your business or the advertising of another business you can use the advertising resources or contact an Ethics advisor by email. 

What happens if a member's advertising is identified as non-compliant with the SPA policy?

Members whose advertising is identified as non-compliant with the SPA policy or other external standards will be advised by SPA, in writing, and will be required to amend the advertising within a specified period of time.  

If the member does not amend their advertising within the specified period, the matter may be referred to the SPA Ethics Board for determination following which, standard Ethics Board procedures will be followed.  

What should I do if my employer's or workplace's advertising doesn't comply with SPAs Code of Ethics?

All SPA members are required to comply with the SPA advertising policy. If an employer’s or workplace’s advertising is not compliant, with the policy, the member should discuss this with their employer or manager and document this discussion as evidence that it took place.  

A member may seek advice or support from SPA in relation to these discussions and refer to the guide on speaking with your manager about appropriate advertising for speech pathology services, available on the Advertising Policy page.  

It must be noted that SPA members are required to comply with the policy, SPA can assist non-members to be aware of appropriate standards but cannot compel non SPA members or other professionals, employers or managers to comply with the advertising policy should they choose not to do so. It is worth noting that the National Law and the SPA Advertising Policy are aligned, and thus, all organisations providing services by registered professions are prohibited by law from, for example, using testimonials.  

The AHPRA website has information for registered professional regarding their obligations. If a SPA member has done all they can to make their employer or workplace aware of their ethical obligations under the advertising policy, and is able to provide documentation to that effect, then that member may have satisfied their ethical obligations, however, should discuss the situation with SPA for advice on their specific circumstances.

Can I use testimonials in my advertising?

No. Testimonials must not be used in advertising because they are unverifiable, subjective and may intentionally or unintentionally mislead consumers, to access a health service that is not appropriate for their needs. You can read more on the Testimonials FAQ.

What is a testimonial?

Testimonials are personal recommendations, usually made by a third party, about the quality of a speech pathologist, speech pathology service, program or product. The use of consumers stories that outline an individual with communication and swallowing needs achievement of treatment goals, could constitute testimonials as they serve to promote a service to the public through the use of unverifiable information. This is in line with the Australian Health Practitioner Regulation Agency (AHPRA). See: AHPRA advertising resources.

What about unsolicited reviews or ratings on my practice Facebook page?

Reviews, ratings and recommendations on Facebook or any other social media sites constitute testimonials, as they are unverifiable, subjective and may mislead consumers.  

The review function should be disabled on a speech pathology page used for professional purposes. Unsolicited reviews, ratings or recommendations on any site over which the SPA member has control are the responsibility of the SPA member and must be removed from that site. To remove a review or a rating from your Facebook page, click on the quick help button and type ‘turn off recommendations’. Follow the instructions provided.

What about unsolicited reviews/ratings on third party websites?

SPA members are not responsible for removing (or trying to have removed) unsolicited testimonials or reviews/ratings published on a website or in social media over which they do not have control. If there is an option to “opt out” of having comments/ratings displayed then members are expected to “opt out”.  

Members are not expected to monitor social media for information that may be written about their speech pathology services in forums that are not under the member’s control. Members are allowed to include their practice details on independent third party directories but they should not solicit, share nor reply to testimonials, ratings or reviews on these websites. If a member undertakes a formal, commercial arrangement with a third party or independent review website, then the entry for that member’s practice will be considered to be under their control and must not contain reviews, ratings or testimonials.  

I have a bad review on a site I can't control, what can I do about this?

Very little unfortunately other than attempting to contact the site administrator to request that it is removed. Under no circumstances should a member solicit testimonials to either dilute poor reviews, or to display a favourable image to the public. Either of these are not providing truthful or accurate information to the public and are not in line with the Advertising Policy or the Code of Ethics.

Can I use consumer images in my advertising if I have consent to do so?

Inclusion of consumer information or images (videos or photos) in advertising without fully informed, written, consent from the individual or parent is prohibited. You can read more in the FAQ- informed consent for the use of client images. In recognising that consumers of speech pathology services are a vulnerable population, the use of consumer information or images in advertising is strongly discouraged, even if consent has been provided. Members should consider the following before posting images and stories of individuals with communication and swallowing needs

• Consumer information or images on the internet and social media sites such as Facebook can be shared with an infinite number of internet users and may never be entirely removed once uploaded;
• Videos or photos of individuals with communication and swallowing needs that contain information about their achievement of or toward a therapy goal (i.e. consumer stories) may constitute testimonials; and
• Children are a particularly vulnerable consumer group and as such, parental consent and child assent to images being used may not be justification enough for their use. Assent by a child to their image or private health information being used does not imply future consent to their information being available in the public domain. As such, the speech pathologist should consider restricting the time period that the images or information are available in their advertising e.g. twelve months.

Can I use or share content other people have developed?

This depends, you should ask their permission and cite your sources if you are using content someone else has developed. If permission is not granted you cannot plagiarise content others have developed and suggest you have developed it. Use of content you do not have express permission to use may be an illegal act, and may result in legal proceedings. If you think someone has plagiarised content you developed you should seek to remedy this by contacting the person directly or seeking legal advice

How do I advertise my professional qualifications?

A speech pathologist's professional qualifications should be clearly stated in advertising. Information about the accepted style and abbreviations used for post-nominals can be obtained from the university where your qualification was conferred.

What post-nominals do I use to denote membership of SPA?

Members should familiarise themselves with SPA Use of Speech Pathology Australia’s Name and / or Logo (Policy No 1.11). The accepted post-nominals to denote membership of SPA are MSPA (or FSPA for Fellows). The post-nominals denoting membership of an organisation usually follow the post-nominals for your professional qualification. If you are a Certified Practising Speech Pathologist the post-nominals CPSP follow after the post-nominal denoting membership of SPA.

Can I use the SPA logo in my advertising?

A member logo has been designed to denote Certified Practising Speech Pathologist status. This logo must be attached to an individual member’s name rather than the organisation, as this is a status that is maintained by that individual, not an organisation. See here, for the Logo webpage and more information about the use of this logo and how to access it. Members of SPA should not use any other SPA logo other than the one supplied by SPA. This ensures that the quality of the logo is preserved and only those individuals who are eligible to use the logo do so. Members should familiarise themselves with the SPA Policy 1.11 'Use of Speech Pathology Australia's Name and/or Logo' which can be found here. 

Can I use the title Specialist or Expert?

No. Currently, there are no recognised areas of specialty in speech pathology in Australia and there is no recognised title for a speech pathologist with an advanced level of skills. Members may advertise a particular interest in or extensive experience in a particular area of practice. For example, “Our clinic has a special interest in working with children with CP.” or “Members of the practice have extensive experience in working with DVA clients.” SPA members must ensure that any information included in advertising is not misleading or implies that the practitioner is more skilled or has greater experience than is the case.  

How do I advertise price information?

If fees and price information are to be advertised then price information should be exact, with all fees for services clearly identifiable, and disclose any conditions or other variables to an advertised price or fee. SPA encourages members to not bundle services into one fee or, if they do, to provide a breakdown of the services included in the bundle so that individuals with communication and swallowing needs can clearly identify what they are paying for.  

Information about fees including methods of payment and terms should, where practical, be provided in writing.  

Can I offer discounts, inducements, or gifts in my advertising?

The use of inducements such as prizes, gifts and discounts must not lead to the unnecessary or inappropriate use of speech pathology services.  

Consumers of speech pathology services may be vulnerable to exploitation of their lack of understanding about what is an appropriate professional service for their needs, and their desire to get the help they require. Individuals with communication and swallowing needs may be unaware of how to differentiate between services, and an inducement may encourage them to choose a health service for the inducement on offer, rather than the appropriateness of that service for their needs.  

Furthermore, time limited inducements may place people under pressure to make a decision about their healthcare which may not be in their best interest.  

Where inducements are utilised as part of a pre-determined fee structure for services already being provided to an individual to meet an identified need, they must:  

• comply with state and national legislation where applicable; and 
• include detailed terms and conditions.  

Terms and conditions should be in plain English, readily understandable, accurate and not mislead about the conditions and limitations of the offer.  

Examples of terms and conditions:  

• Does the offer have an expiry date?; 
• What is included in the offer?; 
• Does the offer have to be used within a certain time period?; and  
• Obligations to the service beyond the life of the offer?  

There are other ethical questions and issues to consider before using inducements in advertising:  

• Do inducements confer an appropriate level of professionalism on the service and the profession as a whole?  
• Competitions run by services on social media sites may impede the privacy and confidentiality of entrants who may also be consumers by allowing their details to be visible to visitors of the site.  
• Members of the public generally consider the word ‘free’ to mean absolutely free. When the costs of a ‘free offer’ are recouped through a price rise elsewhere, the offer is not actually free. An example is an advertisement which offers ‘make one consultation appointment, get one free’, but raises the price of the first consultation to largely cover the cost of the second (free) appointment. This type of advertising could also be considered misleading or deceptive.  

Other information about offering gifts and discounts can be found on the Australian Competition and Consumer Commission’s website: Gift card and discount voucher schemes.  

How do I use scientific information in advertising?

SPA encourages members to use caution when using scientific information in advertising. If a member chooses to use scientific information in advertising, it should:  

• Be presented in a manner that is accurate, balanced and not misleading; 
• Use terminology that is understood readily by the audience to whom it is directed;  

• Be concise; lengthy, complicated information can be confusing and if required, may be better communicated in a face to face consultation;  
• Identify clearly the relevant researchers, sponsors and the academic publication in which the results appear; and  
• Be from a reputable and verifiable source.

I'm not sure about the level of evidence for a treatment claim I am making in my advertising. Can I use the claim?

Advertising of treatment benefits that is unqualified and not supported by acceptable evidence may mislead consumers. If there is no acceptable evidence or you are unsure of the evidence for a treatment claim, leave it out of advertising material.  

Members should be wary about using terms such as ‘effective treatment’ and ‘proven to…’. There is often a lack of evidence to support a causal connection between providing a health service and subsequent consumer improvement.  

If I am involved in a health promotion or fundraising event as a SPA member, can that be seen as advertising?

The definition of advertising does not apply to material issued by an organisation when that advertising material confers no promotional benefits on a specific speech pathologist or speech pathology service involved with the activity. This includes advertising materials for: public health promotion, public health programs, public health promotion activities (e.g., attendance at Expos or SPA events) and fundraising promotions for organisations such as NFP/ NGOs.  

SPA members are discouraged from making themselves available for advertorials, media reports or magazine articles to promote particular health services or therapeutic goods unless they have made specific arrangements to approve and sign off the content and have had reasonable opportunity to ensure that the published version of the advertorials or promotional article adheres to the SPA 2020 Code of Ethics.  

Questions or concerns regarding your involvement in a health promotion or fundraising event can be directed to an Ethics Advisor.  

My business makes regular charitable donations, can I advertise this?

Yes, this information is factual and accurate, however some consideration needs to be given about how you advertise this. You should avoid using wording that is subjective, or that could be considered emotive, as this could manipulate the individuals viewing it into choosing your business for this reason, rather than choosing a service that is the most appropriate fit for them or their family member. This includes using photographs, which should be avoided. You should avoid statements such as:  

• We give sight to children in Africa;  
• For every session we complete we give food to people in need; or  
• Donate to our volunteer trip where we will be assisting children with special needs.  

You could say:  

“Thank you for your purchase, proceeds from this sale are donated to our local playgroup.”  

How is the Advertising Policy enforced?

Concerns relating to advertising materials are identified one of two ways; either a member or member of the public brings these materials to the attention of an Ethics Advisor, or these materials are picked up in a screening process that is based on location. If you have concerns about the advertising of your business or the advertising of another business, you can use the resources on the Advertising Policy page or contact an Ethics Advisor.  

Can you provide some examples of compliant and non-compliant advertising?

Yes, please see the Advertising Policy page for examples of advertising that would be noncompliant.

How can I know whether my advertising complies with SPA’s Code of Ethics?

Members who wish to audit their advertising can do so by completing the Advertising self- audit, found on the Advertising Policy page.

How can I find out more information or make a complaint about a SPA member’s advertising?

SPA members can have their advertising queries forwarded to the appropriate staff member by emailing: [email protected] or phoning 1300 368 835. See the Advertising Policy page for other resources.