Our Jurisdiction

The Advertising Standards Authority (ASA) receives complaints about all types of advertising.

This includes:

  • Advertisements placed in any media (including advertiser’s own media channels), including but not limited to social media channels (including Meta [Facebook, Instagram], Snapchat, TikTok, Google [YouTube], X and any other new social media platforms) and includes user-generated content, content via influencers and content creators, videos, apps, advergaming, out of home (for example, billboards, street posters, bus shelters and buses), streaming services (including subscription-based, on-demand television and radio streaming), digital and digital display, television, connected TV, cinema, radio, print (including newspapers, magazines), native advertising, websites, podcasts, webinars, email, SMS/phone, addressed and unaddressed mail, brochures and point-of-sale material.
  • Applications or games designed by an advertiser to draw attention to a particular product or business.
  • Advertorials and infomercials.
  • User-generated content which is communicated via a site or digital platform over which the advertiser has direct or indirect control.
  • Alcohol product names, labelling, and packaging.

Every complaint received is assessed, to check it comes within ASA jurisdiction. The Complaints Board Chair can decide, at their sole discretion, whether a complaint will be accepted. To guide them in this decision the Chair considers the ASA Rules, the ASA Codes, jurisdiction and relevant precedent decisions.

ASA waiver process

Under the ASA Rules the complainant is asked to waive the right to take or continue proceedings against the advertiser, publisher or broadcaster concerned (this to avoid the possibility of the Board’s determination being used as a ‘trial run’ for further action). If a consumer wishes to complain about an advertisement to other agencies, they should do that prior to raising the matter with the ASA.

ASA process if complaints are outside our jurisdiction

If a complaint is received about content outside the ASA’s jurisdiction, the complainant will be advised. Information on our jurisdiction will be provided to help the complainant consider if they wish to take the complaint elsewhere.

What is outside the ASA’s jurisdiction?

The ASA will not consider complaints about items which do not meet the ASA definition of advertising and advertisement(s) or about issues that are not covered by the Advertising Standards Codes.

The following list is a guide to the types of issues which are outside our jurisdiction. Please note this list is not exhaustive and it illustrates how the ASA approaches different types of complaints.

Advertising issues the ASA does not deal with

The ASA will not deal with complaints for advertisements that may have recently been seen by a complainant, but they are not current advertisements.

For example:

  • social media posts that are more than six months old and take some time to scroll to on the advertiser’s page.
  • ads in a printed newspaper with a publication date older than 30 days.
  • ads in a printed magazine with a publication date older than 30 days if published more than monthly.
  • ads in a printed magazine with a publication date older than the previous issue if published less than monthly.
  • ads in a programme recording, if the advertising is not currently being broadcast.

More information:

Section 81 of the Broadcasting Act 1989. This part of the Act is administered by the Ministry for Culture and Heritage.

Note: The Government intends to remove these restrictions.

The Courts and government agencies are senior jurisdictions to the ASA.

Complaints about banning ads or complaints about illegal advertising will be referred to the relevant Government regulator.

If advertising is seen by consumers living outside New Zealand who lodge a complaint, when considering jurisdiction, the Complaints Board Chair will take the following into account:

  1. is the advertising for a transaction based in New Zealand?
  2. has the advertising also been seen by New Zealand consumers?
  3. does it relate to misleading advertising or is it a social responsibility matter?

The ASA does not regulate the number of advertisements across all platforms or the frequency of individual advertisements.

See the Advertising Codes for specific guidance on saturation where relevant.

The ASA is focused on the consumer takeout of advertisements and does not have expertise to analyse highly technical issues.

Complaints about technical matters may be dealt with under legislation – for example the Fair Trading Act or by relevant professional bodies (e.g. Medicines NZ, Pharmacy Council, NZ Law Society, Engineering NZ).

This content is presented from a particular perspective and should be viewed in that context.

Concerns about an organic post can be raised directly with the social media platform. See below for links to the support pages of many common platforms:

X:

https://help.x.com/en/safety-and-security/report-a-post

Facebook:

https://www.facebook.com/help/263149623790594

Instagram:

https://help.instagram.com/192435014247952

TikTok:

https://support.tiktok.com/en/safety-hc/report-a-problem

Snapchat:

https://support.snapchat.com/en-US/a/report-abuse-in-app#report-account

Complaints about harmful content may be considered by Netsafe. More information:

https://netsafe.org.nz

If this advertising is seen by New Zealand consumers, when considering jurisdiction, the Complaints Board Chair will take the following into account:

  1. compliance with the advertising rules in the country of origin.
  2. the size and composition of the New Zealand audience.
  3. whether the advertising is targeted at New Zealand consumers.
  4. the accessibility of the product to New Zealand consumers.
  5. whether all reasonable endeavours have been made to exclude advertisements which would clearly breach the Advertising Codes of Practice. This could be particularly relevant in the case of live presentations of overseas events to a substantial number of New Zealanders.

This could be an issue for the Government agencies with jurisdiction to enforce the relevant legislation. More information: https://www.asa.co.nz/resources/advertising-regulation-guide/

The ASA doesn’t handle complaints about how loud ads or programmes are.

All broadcasters implemented and enforced stricter audio standards from January 2013. These standards were improved further in January 2014 to align them with an improved Australian standard called Operational Practice 59 (or OP-59).

OP-59 is based on the perceived loudness of the soundtrack in contrast with the earlier standard (aligned with Australia’s OP-48) which was based on the electrical level of the audio signal. The purpose of OP-59 is to further reduce the number of complaints about jumps in audio levels between advertisements and programmes.

This content is presented from a particular perspective and should be viewed in that context.

Concerns about an organic post can be raised directly with the social media platform. See below for links to the support pages of many common platforms:

X:

https://help.x.com/en/safety-and-security/report-a-post

Facebook:

https://www.facebook.com/help/263149623790594

Instagram:

https://help.instagram.com/192435014247952

TikTok:

https://support.tiktok.com/en/safety-hc/report-a-problem

Snapchat:

https://support.snapchat.com/en-US/a/report-abuse-in-app#report-account

Complaints about harmful content may be considered by Netsafe. More information:

https://netsafe.org.nz

Te Reo Māori is an official language in New Zealand. Its use in advertising is not a breach of the ASA Codes.

It is not a breach of the ASA Codes to publish or broadcast advertisements in another language.

Content and related matters that are NOT covered by the ASA Codes

The ASA cannot require company name changes and does not adjudicate on trademarks.

More information: https://www.iponz.govt.nz/about-ip/trade-marks

The ASA has jurisdiction for advertising, not events or activations. These are often subject to restrictions from local councils and if selling alcohol, licensing conditions under the Sale and Supply of Alcohol Act 2012.

This could be an issue for the agencies with jurisdiction to enforce the relevant legislation.

More information: https://www.asa.co.nz/resources/advertising-regulation-guide/

These may be matters for the statutory agencies with jurisdiction to enforce the relevant legislation.

More information: https://www.asa.co.nz/resources/advertising-regulation-guide/

These complaints should be directed to the media company in the first instance with a right of appeal to the BSA or the Media Council.

Also see our explainer video: media and ad complaints.

This could be an issue for the agencies with jurisdiction to enforce the relevant legislation.

More information: https://www.asa.co.nz/resources/advertising-regulation-guide/

Product naming, packaging, or labels.

Some statutory agencies have jurisdiction over packaging and labelling including the Commerce Commission and the Ministry of Primary Industries (food and beverages).

NOTE. Exceptions:

1. Alcohol products.

1. If a complaint is upheld, advertisers are asked to sell existing stock and remove or change the packaging (three-month timeframe).

2. The ASA will consider complaints about labels if they are prominent and legible within advertisements.

2. If a complaint is upheld, the advertiser will be asked to edit or remove the label from the advertisement.

3. The ASA will consider complaints about product names in advertisements if the name raises code-compliance issues (is offensive or misleading).

3. If a complaint is upheld, the advertiser will be asked to change or remove the advertisement for code compliance – an example is the use of an expletive in a product name in unrestricted media.

This could be an issue for the agencies with jurisdiction to enforce the relevant legislation. More information:  https://www.asa.co.nz/resources/advertising-regulation-guide/

Issues about service should be raised directly with the advertiser.

The ASA does not deal with product efficacy.

More information: https://comcom.govt.nz/consumers/your-rights-as-a-consumer