ASA Newsletter: October 2019

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We hope you’ve had a good winter and are starting to enjoy some warmer spring weather. We’ve had a busy few months with a review of the Alcohol Advertising & Promotion Code underway, the new Gambling Code coming into effect and hosting a number of educational workshops.

Marketing Law Conference, 7^th November 2019
The ASA will have two keynote speakers at the Marketing Association’s Marketing Law Conference on 7th November in Auckland.  The conference will focus on marketers, agencies, influencers and in-house counsels coming together to help build a culture of shared responsibility that will lead to better marketing practices and winning marketing.  Our Chief Executive Hilary Souter will speak about the value of collective responsibility in supporting ad standards. She will use examples to highlight advertiser, agency and media company roles in supporting responsible advertising and review recent key decisions and new code requirements. Our Education and Development Manager Claire Hofer will speak about gender and other harmful stereotyping in ads.

Reminder: Fireworks advertising
Fireworks are controlled by the Hazardous Substances and New Organisms (HSNO) Act and there are tight restrictions on the retail sales period which starts on 2 November and ends on 5 November each year.  The ASA is often asked about restrictions for when fireworks can be advertised. Advertisers can advertise fireworks before the retail sales period as long as they make the timeframe for the sale clear to ensure the advertisement is not misleading. As fireworks are a restricted product and cannot be sold to children and young people, advertising should target adults. The Advertising Standards Code applies to fireworks advertising and in particular, advertisers should be aware of the rules for truthful presentation (Rule 2(b)) and safety (Rule 1(e)).

Regional educational workshops held
Our Education and Development Manager Claire Hofer recently provided two workshops in Hawkes Bay. The first was Advertising in the Health & Wellness Industry. This workshop examined a range of ad examples and recent complaints to explain how the ASA’s Therapeutic and Health Advertising Code is applied. The second workshop was Social Media and Advertising Standards and focussed on the advertising standards and how they apply to social media platforms. It included the role of Influencers along with relevant Complaints Board decisions on social media advertising. Both these workshops can be delivered to your organisation or network – contact Claire Hofer for details.

New Gambling Code in effect, 1 Nov applies to all ads
The new Gambling Advertising Code is now effective for all new gambling advertisements placed since 5 August 2019. All gambling ads must comply with the new Gambling Advertising Code from 4 November 2019. The new Code recognises that gambling advertisements must not undermine the need for the prevention and minimisation of gambling-related harm, with particular regard for the need to protect children, young people and other vulnerable persons. The Code applies to gambling advertisements for “pay to gamble” and “free to gamble” activities, products and outlets as well as betting on racing or sporting events.

Please do not hesitate to contact us if you have any questions.