New Zealand advertising regulator launches gambling advertising code
Operators given three-month grace period to comply with new rules
New Zealand’s Advertising Standards Authority has released an amended code for gambling-related advertising, calling for greater social responsibility and truthfulness from gambling firms.
The main aim of the code is to ensure all gambling advertising “demonstrates a high standard of social responsibility” and must be “legal, decent, honest and truthful” and respect the principles of fair competition. In addition, gambling must not “undermine the need for the prevention and minimisation of gambling-related harm”.
The code will come into force for new ads from 5 August, with the proviso that all existing gambling advertisements must comply with the new standards from 4 November.
It comes as a response to the 2018 regulatory review of previous standards, which highlighted need to better protect children and young people from gambling harm and the definition of a gambling advertisement.
The code encompasses two main principles: social responsibility and truthful presentation. Under principle one, all ads “must be prepared and placed with a high standard of social responsibility to consumers and to society”.
This includes any advertisement which may appeal to children or young people, the imagery and themes used within the advertisement and whether the ad’s expected audience at the time of its airing includes a significant proportion of children or young people.
In addition to this, all gambling advertisements must not “portray or represent anything that will, or is likely to, cause, condone or encourage harm from gambling”.
Under the second principle of truthful presentation gambling ads must “not mislead or be likely to mislead, deceive or confuse consumers, abuse their trust or exploit their lack of knowledge”. This includes advertising conducted via implication, inaccuracy, ambiguity, exaggeration, unrealistic claim, omission, false representation or otherwise.
In addition to this, all gambling advertisements must include a reference to the location of operators’ terms and conditions, which in turn must be easily understood and must not contradict the advertisement content.