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ARTICLE · 05 MARCH 2019

Is This An Ad?

Global Advertising Lawyers Alliance (GALA)
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With advertisers becoming savvier, it can be increasingly difficult to establish if something is actually an ad.

New ZealandMedia, Telecoms, IT, Entertainment

With advertisers becoming savvier, it can be increasingly difficult to establish if something is actually an ad.  The concept of identifying an ad is becoming a key issue in advertising regulation.  The increasing relevance of this is something that is captured in the New Zealand Advertising Standards Authority (ASA) new Advertising Standards Code (Code), as well as the ASA's Guidance Note on the Identification of Advertisements (Guidance Note).

From 1 February 2019 all ads must comply with the Code.  The Code consolidates six, now retired, codes, being the Advertising Code of Ethics, Code for Comparative Advertising, Code for People in Advertising, Code for Advertising Food, Code for Environmental Claims and Code for Advertising Vehicles.  The concepts that the retired codes were based on are continued in the new Code, in a slightly different format and with more detail.

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