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Industry · 2 min read1 July 2026

The ACCC Just Took Amazon to Court Over Prime Video Ads. Read Your Own Subscription Terms.

The ACCC has sued Amazon's Australian arm over the way it added ads to Prime Video, alleging the subscription contracts that allowed it were unfair. The case sets a line every subscription business in Australia should read carefully.

You sell someone a clean product, change the deal halfway through, then charge them again to get back what they already bought. The regulator has a name for that.

2 min read

Amazon is going to the Federal Court. The ACCC has sued the retailer's Australian arm over the way it brought advertising onto Prime Video, alleging the contracts that let it happen were unfair from the start.

Here is what the regulator says happened. Between November 2023 and August 2025, Amazon's Prime contracts with more than a million annual subscribers in Australia carried five terms the ACCC alleges were unfair. Those terms let Amazon make negative changes mid-contract without offering subscribers a way out. In July 2024 Amazon used them to switch ads on inside Prime Video. If you had already paid $79 up front for a year of ad-free streaming and you wanted to keep it ad-free, you now had to pay another $2.99 a month.

The ACCC also alleges Amazon's US business drafted the Australian terms and made the global call to add ads, then helped roll it out here.

The ACCC is seeking declarations, penalties, consumer redress and costs.

Why it matters

Subscription is the model half the market wants to be in. Recurring revenue, predictable numbers, a customer who stays. This case is a warning about the part owners gloss over. The terms you write at signup are the deal, and changing them later to extract more is where the regulator now looks.

Australia tightened its unfair contract terms regime in late 2023, and the penalties have teeth. This is the first time a global streaming giant has been dragged into court here over an ads rollout the rest of the world also copped. If the ACCC wins, every subscription business operating in Australia gets a clearer line about what it can and cannot change after the customer has paid.

$2.99 a month

What Prime subscribers had to pay to keep the ad-free streaming they had already bought for $79 up front.

What to do about it

Read your own subscription terms the way the ACCC reads Amazon's. Can you make a negative change mid-contract without giving the customer an exit? If yes, that is your exposure.
If you are about to add ads, a price rise or a downgrade to an existing plan, treat existing customers differently from new ones. Grandfather the deal they signed up for or give them a clean way out.
Put the change in plain language in front of the customer before it happens, not buried in a terms update nobody reads.
Watch this case. The judgment will set the practical standard for subscription marketing in Australia.

The platforms can absorb a penalty. A growing local subscription business cannot. Get the terms right while it is cheap to fix.

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Filip Ivanković
The Debrief / From Filip Ivanković
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Strategy, benchmarks, and what's actually moving in Australian marketing. Four-minute read. The reps compound.
Filip Ivanković·Founder, New RebellionAboutLinkedIn