Media Release: Misleading claims in Hobson’s Pledge wrap advertisement breached the Advertising Standards Code
17 October 2024
The Advertising Standards Complaints Board upheld in part complaints regarding an advertisement by Hobson’s Pledge, ruling the advertisement must not be used again.
The two-page, wrap style advertisement was published in the New Zealand Herald on 7 August 2024 and was headed “RESTORE THE FORESHORE AND SEABED TO PUBLIC OWNERSHIP”.
The Advertising Standards Authority received 672 complaints regarding the advertisement and accepted 655 complaints to go to the Complaints Board. The Advertiser and Media responded to the complaints.
The Complaints Board agreed it was an advocacy advertisement and was sufficiently identified as such.
The Complaints Board ruled three claims in the two-page wrap advertisement were materially misleading as to the effect of customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011 and emphasised the importance of factual accuracy in advocacy advertising.
The Board said the claims were in breach of the Truthful Presentation and Social Responsibility principles in the Advertising Standards Code.
The Complaints Board considered the other concerns raised by Complainants, and ruled there were no further breaches of the Advertising Standards Code. This included a majority decision the advertisement did not reach the threshold to be considered offensive in the context of advocacy advertising. The majority of the Board took into account the protection for freedom of expression in the New Zealand Bill of Rights Act and noted where strong views were expressed, this may cause some level of offence to those who hold contrary views.
More information on how the Advertising Standards Complaints Board adjudicates advocacy advertising is available here.
The full decision, including Advertiser and Media responses and summaries of Complaints, is now available on the ASA website.
The ASA has also released three not upheld decisions regarding a one page advertisement placed by Hobson’s Pledge in other newspapers.
These are available on the ASA website:
The Complaint Timeline for 24/153
- 7 August 2024 – the advertisement published in the New Zealand Herald
- 12 August 2024 – complaints received after this time were processed as subsequent complaints and will receive a copy of the decision.
- 11 September 2024 – response from the Advertiser received by the ASA
- 24 September 2024 – Complaints Board adjudication
- 17 October 2024 – decision prepared and release.
The complaint process relies on the timely receipt of responses and the availability of Complaints Board members to convene and decide the issue. A large volume of complaints will increase the processing time for a decision. In this instance, extensions were granted to both the Advertiser and Media to prepare their responses.
Further information on the ASA structure and process is available here.
The ASA will not be providing further comment on this matter.
