NOTE: The Advertising Standards Authority (ASA) has reviewed the standards for gambling advertisements and a new Code has been developed. This new Gambling Advertising Code will be effective 5 August 2019 for new ads, and effective 4 November 2019 for all ads.
Read the ASA Codes Committee report on the review of the gambling advertising standards here – Report on the review of the Code for Advertising Gaming and Gambling April 2019.
All advertisements for gambling and gaming (herein called gaming) shall adhere to the Principles and Guidelines set out in this Code. The Code is designed to ensure that advertising of gaming will be conducted in a manner that is socially responsible and does not mislead or deceive the consumer.
In interpreting the Code, emphasis will be placed on the Principles and the spirit and intention of the Code. An advertisement which does not adhere to the letter of a particular guideline nevertheless may or may not be in breach of the Code, depending on its compliance with the Principles and respect of the spirit and intention of the Code.
“Minors” means people under the age at which they are legally entitled to participate in the particular gaming activity advertised
PRINCIPLE 1: ADVERTISEMENTS SHOULD COMPLY WITH THE LAWS OF NEW ZEALAND.
Guideline 1 (a)
Advertisements should comply with the restriction on the sale of various gaming products and particularly age restrictions. The laws of New Zealand have various age restrictions for different gambling activities. Attention is drawn to the Racing Act 1971, Gaming and Lotteries Act 1997 and Casino Control Act 1990.
PRINCIPLE 2: ADVERTISEMENTS SHOULD OBSERVE A HIGH STANDARD OF SOCIAL RESPONSIBILITY.
Guideline 2 (a)
Advertisements should not be directed at minors, have strong or evident appeal to minors, nor portray minors participating in activities in which they are under the legal age. Minors may appear in situations in which they would be naturally found (e.g. a family meal), provided there is no direct or implied suggestion that they will participate in the gaming.
Guideline 2 (b)
Advertisements should not promote reliance on gaming as a means of relieving a person’s financial or personal difficulties.
Guideline 2 (c)
Advertisements should not encourage consumers to participate excessively or beyond their means.
Guideline 2 (d)
Advertisements should not state or imply a promise of winning nor portray unrealistic outcomes.
Guideline 2 (e)
Advertisements should not exaggerate the connection between the gaming activity and the use to which the profits may be put.
PRINCIPLE 3: ADVERTISEMENTS SHOULD NOT BY IMPLICATION, OMISSION, AMBIGUITY or EXAGGERATED CLAIM MISLEAD OR DECEIVE OR BE LIKELY TO MISLEAD OR DECEIVE CONSUMERS, ABUSE THE TRUST OF OR EXPLOIT THE LACK OF KNOWLEDGE OF CONSUMERS, EXPLOIT THE SUPERSTITIOUS OR WITHOUT JUSTIFIABLE REASON PLAY ON FEAR.
Guideline 3 (a)
Winning claims should be factual and able to be proven. The chances of winning or the size of the prize should not be exaggerated.
Guideline 3 (b)
Advertisements should not state or imply that a player’s skill can influence the outcome of a game unless the skill can affect the outcome of the game.