Appeals process
All Complaints Board decisions and rulings from the Chair of the Complaints Board can be appealed.
Who can appeal?
Only parties to the complaint can appeal.
This means the complainant, the advertiser, the agency or the media platform/s.
What is the timeframe for lodging an appeal?
Notice of intention to appeal must be made in writing within 14 calendar days of receipt of the written decision.
The substantive appeal application must be lodged with the ASA within 21 calendar days of receipt of the written decision.
What are the grounds for appeal?
There are five grounds for appeal:
a) The proper procedures have not been followed.
b) There is new evidence of sufficient substance to affect the decision.
c) Evidence provided to the ASCB has been misinterpreted to the extent that it has affected the decision.
d) The decision is against the weight of evidence.
e) It is in the interests of natural justice that the matter be reheard.
Please note that disagreement with a decision is not grounds for appeal.
Further information about the Grounds for Appeal
a) The proper procedures have not been followed:
This ground for appeal is likely to be met if the Secretariat or the Complaints Board have not followed the procedures set out in the ASA Rules. This could include parties to the complaint not being given an opportunity to respond or the Board not being given information provided by the parties. This ground for appeal may also be met if a Complaints Board member did not declare a conflict of interest.
b) There is new evidence of sufficient substance to affect the decision:
The Chairperson of the Appeal Board will assess the quality and relevance of the evidence provided and decide whether it amounts to new evidence.
c) Evidence provided to the Complaints Board has been misinterpreted to the extent it has affected the decision:
The Chairperson of the Appeal Board will assess the quality and relevance of the information provided and whether evidence has been misinterpreted and the decision has been affected.
d) The decision is against the weight of evidence:
This ground for appeal is likely to be met if the appeal application shows the Board did not give appropriate weight to information that was available to it when making its determination and that has materially affected the decision.
e) It is in the interests of natural justice that the matter be reheard:
This ground for appeal gives the Chairperson of the Appeal Board the option to rule that an appeal should be accepted for reasons not specifically listed in the other grounds for appeal and based on the justice of the case.
What should I include in my appeal application?
- Complaint number
- Grounds for appeal (taken from a-e above)
- A detailed explanation of why you are appealing the decision.
Who reviews appeal applications?
All appeal applications are reviewed by the Chairperson of the Appeal Board. If the application does not meet any of the appeal grounds, the application will be declined, and a ruling issued to that effect.
If the Chairperson determines there are sufficient grounds to accept an appeal application, an accepted ruling will be issued and parties to the complaint will be invited to respond. In accepting an appeal application, the Chairperson has discretion to determine if the appeal will be referred to the Appeal Board or returned to the Complaints Board.
What happens to the advertisement while the appeal is being considered?
If an advertisement has been removed, because of an upheld ruling, this is not affected by the appeal process.
If a decision to uphold a complaint is overturned on appeal, the advertisement may be used again.
Pending determination of the appeal, parties to a complaint may request that the original decision be set aside, and temporarily removed from the ASA website.
Where can I find out more information?
If you’re unsure whether you’re able to appeal a decision or you need more information, please contact us.
I wish to appeal an Appeal Board decision, what can I do?
As a body with a public decision-making function, decisions of the Complaints and Appeal Boards are subject to judicial review under the Judicial Review Procedure Act 2016. For more information about judicial reviews, please contact us.
