In New Zealand, advertising is regulated through a combination of legislative frameworks and self-regulatory codes managed by the Advertising Standards Authority (ASA). Here are the main points to consider:
Fair Trading Act 1986 (FTA): This act is the cornerstone of advertising law, prohibiting misleading or deceptive conduct in trade, including advertising. It ensures that all advertising claims are truthful and not misleading to consumers.
Advertising Standards Authority (ASA): The ASA self-regulates advertising beyond the FTA's mandates, handling complaints and providing guidelines through various codes such as the Advertising Standards Code and sector-specific codes for alcohol, children, gambling, therapeutic products, and financial services.
Specific Advertising Codes: These include codes for alcohol advertising and promotion, children and young people’s advertising, gambling advertising, therapeutic and health advertising, and financial advertising. These codes ensure that advertisements are prepared with a sense of responsibility and do not mislead or deceive.
Prohibited Practices: Certain products like tobacco and specific practices such as overseas gambling promotion or advertising controlled drugs are banned. There are also restrictions against certain types of marketing tactics like ambush marketing around major events and unsolicited electronic messages without consent.
Enforcement and Compliance: The ASA's decisions are widely respected and followed, with a high compliance rate. If a complaint is upheld by the ASA, the advertisement must be withdrawn, and media outlets are also encouraged not to publish or broadcast it.
These elements create a comprehensive regulatory environment that demands high standards of honesty and social responsibility in advertising practices throughout New Zealand.
