Guide To New Zealand Alcohol Advertising Laws

With the number of advertisements we see on a day-to-day basis, it can be easy to forget it’s actually a pretty strictly regulated area. The type of advertisements and the times they are shown is something businesses have to consider closely as you don’t want to be in breach of any advertising laws. 

The regulations for advertising are particularly important when it comes to alcohol as certain types of content and products are not considered appropriate for all audiences.   

In this article, we’ll take a look at some of the regulations that apply to advertising alcohol so you can have a better understanding of your legal obligations. Keep reading to learn more. 

Alcohol Advertising Laws 

New Zealand’s approach to regulating alcohol-related advertisements is guided by a combination of legislation and industry codes. The Sale and Supply of Alcohol Act 2012 is a key piece of legislation governing the sale, supply, and consumption of alcohol, including advertising practices.  

Every business looking to advertise alcohol must also consider the Advertising Standards Authority (ASA) Codes, including the Code for Advertising and Promotion of Alcohol. These codes set the requirements for responsible alcohol advertising in New Zealand. 

Is Alcohol Advertising Banned In New Zealand?

Alcohol advertising isn’t banned in New Zealand. However, it is restricted to protect children and young people from exposure and to ensure that advertisements do not encourage excessive consumption or associate alcohol with success or social achievement. 

If an advertisement is found to be in breach of the regulations, the business responsible for the advertisement can be subject to complaints to the Advertising Standards Authority, which may result in the advertisement being withdrawn or modified to comply with the standards. 

Social Media Alcohol Advertising

Advertisement laws apply not only to traditional media such as televisions, print, and radio but also cover social media. The permissibility of alcoholic advertisements on specific social media platforms depends on the platform’s own policies.  

This means you may need to review the specific Terms and Conditions of the social media platform or the rules they have outlined on their website. 

Can You Advertise Alcohol On Facebook?

Yes, Facebook allows the advertising of alcohol on its platform with certain limitations. Firstly, the advertisements must comply with the laws of the country they are targeted towards. For New Zealand, this means adhering to the ASA Codes for alcohol advertising. 

Secondly, the advertisements cannot appear to target people under the legal purchase age of 18. 

It’s also crucial that alcohol is not advertised on Facebook in countries where its consumption is illegal. 

If you are considering advertising alcohol in regions outside of New Zealand, it’s essential to check the local regulations first and ensure your advertisement complies before publishing. 

Tiktok Alcohol Advertising

Similar to Facebook, TikTok requires advertisements for alcohol to meet local standards. It’s important to be aware of the countries where advertising alcohol is prohibited. Regulations for alcohol on social media also extend to indirect promotion, such as events where alcohol is sold, alcohol-making kits, and the promotion of brands associated with alcohol. 

Advertising Standards Authority (ASA)

The Advertising Standards Authority (ASA) plays a significant role in the regulation of advertising in New Zealand, including the advertisement of alcohol. The ASA Codes, including the Code for Advertising and Promotion of Alcohol, outline the standards for responsible advertising. 

It’s crucial for businesses involved in the advertising or sale of alcohol to familiarize themselves with these codes to ensure compliance. 

Can I Advertise Alcohol On TV?

Yes, alcohol can be advertised on television in New Zealand, subject to certain restrictions. These include time-of-day restrictions to minimize exposure to young people and content restrictions to avoid encouraging excessive consumption or associating alcohol with success. 

How Do Alcohol Complaints Work?

Complaints regarding alcohol advertisements are lodged with the Advertising Standards Authority (ASA). The ASA reviews complaints in accordance with the relevant codes, including the Code for Advertising and Promotion of Alcohol. 

If an advertisement is found to breach the code, the advertiser may be asked to withdraw or amend the advertisement to ensure compliance. 

What Laws Apply To Alcohol Advertising?

Different platforms have varied rules when it comes to advertising alcohol. Key regulations in New Zealand include the Sale and Supply of Alcohol Act 2012 and the ASA Codes for Advertising and Promotion of Alcohol. 

Advertising Laws In New Zealand

In addition to alcohol-specific regulations, businesses advertising alcoholic beverages in New Zealand must also comply with broader advertising standards as set out by the Advertising Standards Authority (ASA), including ensuring advertisements are not misleading or deceptive. 

What Other Laws Apply To Alcohol?

Managing alcohol responsibly is crucial, not just for consumers but also for those selling, supplying, and producing it. In New Zealand, various types of alcohol-related licences are required for different business activities involving alcohol. 

Before engaging in activities such as selling alcohol at a restaurant, it’s essential to have the correct licence. A liquor licence allows a business to legally sell alcoholic beverages. There are different types of liquor licences available, depending on your business needs. 

For more information, discussing your liquor licence obligations with a legal professional is advisable.   

Key Takeaways

If you’re thinking of advertising alcohol, it’s important to be aware of and comply with all the rules and regulations that apply in New Zealand. To summarise what we’ve discussed: 

• Advertising alcohol is legal in New Zealand, subject to certain regulations.
• A primary regulation to follow around alcohol advertising is the ASA Code for Advertising and Promotion of Alcohol.
• Alcohol can be advertised on social media platforms if the site allows it, but New Zealand regulations still apply.
• The Advertising Standards Authority (ASA) plays a significant role in regulating alcohol advertising.
• Complaints about alcohol advertising are assessed according to the ASA codes.
• If you’re advertising alcohol on TV, then certain restrictions apply to minimize exposure to young people.
• Understanding your advertising obligations under the ASA codes is crucial.
• Other laws regarding alcohol, such as obtaining the correct liquor licence, should also be considered. 

If you would like a consultation on New Zealand alcohol advertising laws, you can reach us at 0800 002 184 or [email protected] for a free, no-obligations chat.

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