Australian law draws a line through writing about money that most writing about money never mentions. ASIC’s Moneysmart service sets out three categories. Financial information is useful facts about products, services and financial strategies. General advice is a recommendation or opinion about a financial product that is not tailored to a person’s circumstances. Personal advice is a recommendation or opinion that is tailored to them.
Different obligations attach to each. A provider giving general advice must say that it is general - that it does not take account of the recipient’s objectives, financial situation or needs - and prompt them to consider whether it is appropriate before acting on it. Anyone giving personal advice to a retail client about a relevant financial product carries a heavier obligation: ASIC states they must comply with the best interests duty and the obligations related to it.
The first category has a shape worth knowing. Factual explanation can set out how a mechanism works, what a term means, what a rule requires and what a published statistic measures. What it cannot do is state what a particular person ought to do, because it has no access to that person’s circumstances, and material written to be read by everybody is by construction tailored to nobody. That limit is not a shortcoming of the category. It is the category.
Tone is not the boundary. A confident sentence and a hedged one can both be information, and a recommendation can be delivered in either register, so the register a piece is written in carries no information about which of the three it belongs to. What separates them is narrower: whether a recommendation or opinion about a financial product is being made at all, and whether it was formed for one person or for everyone at once.