October 15, 2010
On 10 Aug the Advertising Standards Authority received a complaint that the KBRM ‘flotilla ad’ disguised itself as an editorial piece allowing an imbalance of truth and should not be published in the New Zealand Herald. (See Advertisements #15 1 and ‘Kicks’ post dated 10 Aug on Feedback Page.) On 20 August the ASA ruled ‘that there were no grounds for the complaint to proceed’. The full text of the ruling was released on 15 October, as follows:
The relevant provisions were Basic Principle 4 and Rules 2 and 11 of the Code of Ethics. The chairman noted Complainant's view. In making her ruling she took into account Chairman's Ruling 09/272 which concerned a similar advertisement by the same Advertiser, where the Complainant was of the view that the advertisement was racially biased and should not have been published in the New Zealand Herald. That Ruling said ‘However, she [the Chairman] said Rule 11 made provision for the expression of opinion in advocacy saying that it was an essential and desirable part of the functioning of a democratic society, and that such opinions may be robust.’
‘The Chairman noted that the identity of the Advertiser was apparent as required in such advertisements. In her view the advertisement met the requirements of the Code for People in Advertising and would not be likely to cause serious or widespread offence in the light of generally prevailing community standards. According, the Chairman said there was no apparent breach of the Advertising Codes.’
The Chairman said that this [former] ruling applied to the matter before her, particularly taking Rule 11 of the Code of Ethics into account and the fact that the identity of the Advertiser was apparent as required in such an advertisement. The Chairman also noted that the advertisement was headed ‘advertisement’ at the top of the page clearly identifying it as an advertisement and not an editorial piece. In her view the advertisement met the requirements of the Code of Ethics and had been prepared with a due sense of responsibility to society. Accordingly, the Chairman said there was no apparent breach of the Advertising Codes.