Guidance on Anzac Day advertising


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Published
Mar 26th '24
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Anzac Day is a New Zealand national day of remembrance commemorated on April 25 each year, on the anniversary of the landing of the Australian and New Zealand Army Corps at Gallipoli in Turkey during World War I. As an event of national significance, use of the term ‘Anzac’ is protected and there are additional rules regarding advertising on this day. Make sure you’re up to speed with the latest guidance from the ASA and the Ministry for Culture and Heritage – read on to learn more and refresh your memory on the rules surrounding Anzac Day advertising.

 

Rules around using the word ‘Anzac’

The use of the word ‘Anzac’ is legally protected through Section 17 of the Flags, Emblems, and Names Protection Act 1981, administered by the Ministry for Culture and Heritage. Misuse of the word ‘Anzac’ can lead to a fine of up to $50,000 or more if the offence continues over multiple days.

 

The Act lays out ‘The Governor-General may… prohibit, regulate, or control the use in connection with any business, trade, or occupation of the word ‘Anzac’ or of any other word that so closely resembles the word ‘Anzac’ as to be likely to deceive or mislead any person.’ The intention of the protection of the word ‘Anzac’ is to safeguard the term from commercialisation and ensure use of the word is not offensive to public sentiment.

 

The Ministry for Culture and Heritage have guidance on these restrictions available on their website. While these guidelines are not legal advice, they do provide useful clarification to assist advertisers. This guidance explains uses that are unlikely to be in breach of the Act, for example, the phrase ‘Anzac Day Sale’ is not likely to be considered a breach of the Act but it is likely to be an offence to hold an ‘Anzac Sale’.

 

Know the rules around advertising hours

The Broadcasting Act 1989 lays out the restrictions for TV advertising on Anzac Day. While no linear television advertising is permitted between 6am and 12 noon, the restrictions do not apply to OnDemand television accessed through digital platforms.

 

Consider your audience with Anzac advertising

As a time of national remembrance, advertisers should be mindful of the content and imagery in any Anzac Day advertising. Rule 1(c) of the Advertising Standards Code provides guidance that Advertisements must not contain anything that is indecent, or exploitative, or degrading, or likely to cause harm, or serious or widespread offence, or give rise to hostility, contempt, abuse, or ridicule.

 

Have questions?

If you have any queries about the Ministry for Culture and Heritage guidelines, please contact the Ministry by email at national.symbols@mch.govt.nz, or telephone (04) 499 4229.

 

Further queries regarding advertising rules can be directed to the ASA via email, asa@asa.co.nz.

 

Source: ASA

 

About the New Zealand ASA

The Advertising Standards Authority (ASA) is an organisation that investigates breaches of advertising standards in New Zealand. The ASA provides a free complaints process for consumers about the content and placement of advertisements. In assessing complaints, the ASA apply the ASA Advertising Codes.

 

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