Complaints not in ASB jurisdiction
A complaint is not forwarded to the Board if it:
- is about an advertisement or marketing communication that has previously been considered – however all complaints are referred to the advertiser or marketer for its consideration.
- does not raise issues about ‘advertising or marketing communications’.
- raises an issue that is within section 1 of the Code of Ethics.
- would involve determining questions of law or questions of truth and accuracy (other than as provided for under clause 2.2 of the AANA Code for Advertising & Marketing Communications to Children and under clauses 2.1, 2.4 and 3.1 of the AANA Food & Beverages Advertising & Marketing Communications Code, AANA Environmental Claims in Advertising and Marketing Code).
- is about election advertising or truth/accuracy in political advertising.
- involves issues covered by specific industry codes, such as slimming/weight management products and services, therapeutic goods, alcoholic beverages.
- is about television programming or program content issues.
- is about radio programming or program content.
- is about program classification.
- is about classifications of films, publications or computer games.
- does not raise issues that are within section 2 of the Code of Ethics.
Other organisations can take complaints about issues not in ASB jurisdiction.
Matters outside section 2 include where:
- the commercial communication complained about is the subject of litigation or an order by a court or government agency
- the complaint is about unlawful business practices
- the commercial communication complained about has been withdrawn or discontinued before challenge
- the complaint is about highly technical issues
- the complaint is about label directions or basic performance of products and services not related to advertising or marketing claims
- the complaint is about the loudness of television advertisements
- the complaint is about the number or frequency of advertisements
- the complaint is about media coverage of an advertisement
- the complaint is about the provision of gambling odds in sports program commentary.