Code for Advertising and Promotion of Alcohol
All alcohol advertising and promotion shall adhere to the laws of New Zealand and the Principles and Guidelines set out in this Code. The ASA Code of Ethics and Codes on Comparative Advertising and People in Advertising should also be consulted, where relevant. This Code should also be read with its Guidance Notes Ė see www.asa.co.nz.
Alcohol is a restricted product in New Zealand. Because of the health and social impacts of the misuse of alcohol, this Code requires specific restraints on advertising and promotion. There are also a number of restrictions in legislation and in industry-supported initiatives.
Please note that Section 237 of the Sale and Supply of Alcohol Act also covers the irresponsible promotion of alcohol. See the National Guidance on Alcohol Promotions for On-License Premises and the National Guidance on Alcohol Promotions for Off-License Premises supported by the Health Promotion Agency, New Zealand Police, Local Government New Zealand and Hospitality New Zealand. Copies are available at www. http://www.alcohol.org.nz/legislation-policy/sale-and-supply-alcohol-act-2012. Attention is also drawn to the Standard Drink Guidelines at http://www.alcohol.org.nz/alcohol-you/whats-standard-drink
This Code is designed to ensure that alcohol advertising and promotion is consistent with the need for responsibility and moderation in merchandising and consumption, and does not encourage consumption by minors. Particular care is also required in the advertising and promotion of products likely to have strong appeal to young adults over the legal purchase age.
In interpreting the Code emphasis will be placed on compliance with both the principles and the spirit and intention of the code. The guidelines are merely examples, by no means exhaustive, of how the principles are to be interpreted and applied. It is possible for advertising or promotions to be in breach of the principle without being in breach of a specific guideline. Upon complaint, the ASCB is vested with discretion to ensure a common-sense outcome and have regard to all relevant matters, including the overall impression conveyed, context and target market and in the case of promotions, their duration, entry mechanism, location, if there is a prize how it is awarded, and application of the ALAC low risk drinking advice. It is important to note that the likely audience (including the media advertisements are broadcast, printed, or displayed in) is a key factor in determining code compliance.
APPLICATION OF CODE
This Code covers advertising and promotion of all pre-packaged and bulk alcoholic drinks with an alcoholic strength above 1.15% abv, which are advertised and promoted for sale and consumption in New Zealand.
This Code applies to products promoted primarily as alcoholic 'drinks', even if they are classified as foodstuffs rather than drinks for the purposes of licensing or customs and excise legislation, or even if they appear to be gaseous, solid or heavily textured (or can be made to be, for example by freezing or shaking), rather than liquid.
For the avoidance of doubt, this Code does not apply to bona fide news, reviews, editorial and broadcast entertainment and sports programmes. This code also does not apply to any advertising materials or activities whose purpose is solely and clearly to educate people about the responsible use and / or misuse of alcohol.
It is the responsibility of all companies and enterprises connected with the alcoholic drinks industry in New Zealand (whether as producers, importers, wholesalers, distributors or retailers) to comply with this Code. This includes the provision of adequate and appropriate briefings to external agencies from whom the companies/enterprises may commission design or promotional work. Approval by the Liquor Advertising Pre-vetting System (LAPS) is strongly recommended. See www.anza.co.nz/pre-vetting.
"Alcohol advertising and promotion" ďAlcohol advertising and promotionĒ means an advertisement, packaging, point of sale or other promotions, activities and materials (including dispenser units) generated by an alcohol producer, distributor or retailer that promotes alcohol by product, brand or outlet. This includes media releases, branded merchandise, competitions, word of mouth marketing, advergaming, product displays and sampling, but does not include a sponsorship advertisement or an advertisement in which reference to or the depiction of alcohol or alcohol packaging or an alcohol outlet is incidental to its purpose. An advertisement including a reference to licensed premises is not automatically an alcohol advertisement - the intent of the advertisement must be to promote the consumption of alcohol.
"Alcohol advertiser" means an advertiser that markets or sells alcohol and uses its name or any identifying feature to promote the sale of alcohol in any way.
"Branded merchandise" means products available in New Zealand bearing liquor or outlet branding which have been produced by, on behalf of, or with the permission of, a liquor producer, distributor or retailer.
"Heroes and/or heroines of the young" means a person or character (and includes groups / teams) whose example is likely to be followed by minors or who has strong appeal to minors (see Guidance Notes).
"Light (or lite) alcohol" means liquor containing a maximum of 2.5% alcohol by volume.
"Minors" are people who are under the age at which they are legally entitled to purchase liquor.
"Sponsorship" means any agreement or part of an agreement involving payment or other consideration in lieu of payment by a liquor producer, distributor or retailer to support a sporting or cultural property, event or activity, in return for which the sponsored party agrees to be associated with or promote the sponsorís drink(s) or outlet. The Code applies to the overall sponsorship agreement, including any material bearing the sponsorís logo or trademark. It does not apply to any use to which that material might subsequently be put, or to the behaviour or activities of sponsored parties, if that is not required or specifically permitted by the sponsorship agreement.
"Sponsorship advertisement" means an advertisement which clearly indicates that the advertiser is sponsoring a person, competition, activity or event. Any advertisement referring to a sponsorship that does not comply with Guidelines 4(a) to 4(e) of Principle 4 is deemed to be an alcohol advertisement.
"Websites" means a website, or part of a website, managed by or on behalf of a liquor producer, distributor or retailer for the promotion of their brand(s) or outlets primarily to the New Zealand market. Producers, distributors and retailers are responsible for any part of the website over which they have editorial control.
"User Generated Content" means content on websites or emails where the public contributes to the content, such as the YouTube and Facebook websites and viral emails. The Code applies to promotions on such websites and emails where the producer, distributor or retailer provides a platform for, or distributes the usergenerated content or endorses the user-generated content.
Alcohol advertising and promotions shall observe a high standard of social responsibility.
Alcohol advertising and promotions shall be consistent with the need for responsibility and moderation in alcohol consumption.
Alcohol advertising and promotions shall be directed at adult audiences. Alcohol advertising and promotions shall not be directed at minors nor have strong or evident appeal to minors in particular. This applies to both content and placement.
Sponsorship advertisements shall clearly and primarily promote the sponsored activity, team or individual. The sponsor, the sponsorship and items incidental to them, may be featured only in a subordinate manner.
Guidelines for sponsorship advertisements
Guidelines for sponsorship
Advertising Standards Authority New Zealand, PO Box 10-675, Wellington 6143. PH (04) 472 7852 FAX (04) 471 1785 Email email@example.com