• In this briefing we unpack ‘greenwashing’: what it is, why it matters, and ask, what, if any, is the existing criminal culpability for corporate greenwashing? We give particular attention to reporting practices under Australia’s Modern Slavery Act.
• The self-promotion of Environmental Social Governance (ESG) credentials is now a feature of companies of all stripes.
• One feature of this upsurge is the rise in accusations of greenwashing.
• We outline a number of existing criminal offence provisions that potentially apply to deliberate corporate greenwashing.
• It now appears highly likely that the next phase in the ever-evolving ESG-landscape will include a significant escalation in enforcement action by regulatory bodies.

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