New Zealand’s Advertising Standards Authority has opened a public consultation on proposed changes to its Advertising Standards Code, covering ad identification, data use and endorsements.
The review concerns the main framework for advertising standards across print, broadcast, outdoor, digital and other media in New Zealand. Submissions from advertisers, agencies, consumer groups and government bodies will go to the Codes Committee, which will decide whether to amend the current code.
The draft keeps the authority’s core principles that advertisements must be socially responsible, truthful, balanced and not misleading. It also updates definitions and wording in areas that have become more prominent as advertising has shifted towards digital channels, personalised targeting and blurred commercial and editorial formats.
Ad labels
One of the clearest proposed changes concerns the identification of advertising. Under the draft, content controlled directly or indirectly by an advertiser must be clearly recognisable as advertising, so audiences understand they are engaging with an ad regardless of format or platform.
The wording targets parts of the market where commercial messages can closely resemble editorial content or user-generated posts. That includes influencer marketing, sponsored content and native advertising, all of which have increased pressure on brands, agencies and publishers to make paid relationships easier to identify.
The consultation also says disclaimers and qualifying statements should be clearly visible and easy to understand. That could affect the use of small-print disclosures in digital placements and social media posts, where sponsorship labels and conditions can be less prominent than the main message.
Data use
Another section focuses on personal information in advertising. Advertisers may portray or refer to personal information only if it is publicly available, unless consent has been obtained.
The proposed framework also says personalised direct advertising communications require appropriate consumer consent. Recipients should be clearly told how to unsubscribe or opt out.
Those provisions sit alongside a wider market debate about behavioural targeting, direct messaging campaigns and personalised ad systems. While privacy law governs broader data handling, the proposed code changes suggest advertising rules may also set clearer expectations for how consumers are treated in marketing activity.
Claims and pricing
Misleading claims remain central to the draft revisions. Advertisements must not mislead, deceive or confuse consumers through implication, inaccuracy, ambiguity, exaggeration, omission or false representation.
Advertisers would also be expected to hold evidence supporting claims. Where evidence is referenced in advertising, it should be understandable to the intended audience.
The draft also tightens language on price presentation. Pricing should be clear, accurate and unambiguous, with unavoidable additional charges identified and discounts based on genuine usual prices.
That section is likely to draw attention from retailers and online sellers, where dynamic pricing, countdown promotions and layered fee structures are common. The proposed wording points to closer scrutiny of how prices and savings are presented to shoppers, especially in digital commerce.
Testimonials
The consultation also addresses testimonials, endorsements and trust marks. Personal testimonials must be genuine, current, representative and used with permission.
Advertisements must not imply endorsement by an individual, government agency or professional body without prior consent and verifiable support. The draft also proposes restrictions on displaying approval marks or symbols without proper authorisation.
These sections reflect broader concerns among regulators and standards bodies across several markets about fabricated reviews, misleading endorsements, and the misuse of official-looking symbols. In practice, the wording could affect influencer campaigns, review-led marketing and any advertising that relies on badges or marks to build credibility.
Social responsibility
The draft retains its existing emphasis on harm, offence and social responsibility. Advertisements must not contain material that is indecent, exploitative, degrading or likely to cause harm or serious offence.
It also says advertisements must not promote unsafe behaviour or environmental damage. The code includes provisions on stereotypes and portrayals likely to be harmful or offensive, especially to children and young people.
These standards are long-standing elements of the self-regulatory system, but remain relevant as campaigns move quickly across digital platforms and reach wider audiences in shorter periods. For brands and agencies, compliance questions can arise not only from traditional media placements but also from social posts, creator partnerships and short-form video.
Industry effect
For the advertising sector, the review goes beyond technical drafting. The Advertising Standards Code is commonly used in campaign sign-off, so changes to identification, pricing, substantiation and consent rules could alter how creative work is checked before publication.
Digital-first brands, influencers, retailers and performance marketers are likely to pay particular attention because several proposed changes directly affect practices widely used in online advertising. Feedback from the consultation will inform the Codes Committee’s consideration of any amendments to the code.
