Right-wing lobby group Hobson’s Pledge’s ad “RESTORE THE FORESHORE AND SEABED TO PUBLIC OWNERSHIP” may not be republished.

That’s the ruling from the Advertising Standards Authority (ASA), which has upheld in part 655 complaints filed over the ad, which appeared on a NZ Herald front page earlier this year.

The ASA Complaints Board said some claims in the ad were “materially misleading” in relation to what the customary marine title actually means, so “the advertising was not socially responsible”.

The board took into account context, medium, audience and product.

It found the ad in breach of social responsibilities, truthful presentation and advocacy advertising.

Most of the board said it didn’t meet the threshold to breach the ‘decency and offensiveness’ or the ‘fear and distress’ rules.

It also found the ad was not in breach of Rule 2(a) of the ASA codes, which requires advertisements to be identified as such.

In the first five days of the ad being published the ASA received 672 complaints. Some 17 were incomplete so not considered.

What was the ad?

Back in August, the New Zealand Herald accepted an advertisement from Hobson’s Pledge.

The ad, which appeared on the front page of the Wednesday, August 7 edition, called for the restoration of “the foreshore and seabed to public ownership”.

The ad was hotly criticised for its ‘definition’ of marine customary titles.

The publication resulted in many complaints to the newspaper and its owner, NZME, with some subscribers saying they were cancelling their subscriptions.

Kawea Te Rongo, the Independent Māori Journalists Association, condemned the publication, calling running the ad “irresponsible” and expressing “profound shock and dismay” at the decision to run it.

More than 150 Māori legal experts condemned the ad and explained in details the real meaning of marine customary titles..

Te Pāti Māori added NZ Herald to its “white-list” and Wateaa News discontinued its partnership with the NZ Herald newsroom.

As the backlash continued NZME said it would not run any more of the Hobson’s Pledge ads.

The ASA doesn’t have any legal power to fine or prosecute. This decision can also be appealed.