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The ASA Must Not Be Weaponised As A Censor

Hobson’s Pledge is pleased to see that the majority of complaints about the advertisement we placed on the front cover of the New Zealand Herald were not upheld. However, the one small part that was upheld appears to tie itself in knots in its attempt to make something misleading out of the advertisement.

Hobson’s Pledge is considering whether to appeal the decision regarding that section. The Complaints Board needs to understand that their trust that the law and the Government will protect the public’s access, doesn't mean much when we know from experience (Ihumātao) what happens in practice when claimants sense that the Government is not willing to stand up to them. Their trust that claimants won’t use their entitlements doesn’t make our concerns false.

Kiwis’ access to the coastline should not be based on a “she’ll be right” attitude, nor discussion of the matter made into a no-go zone.

“It is astounding that a minority on the Advertising Standards Authority Board consistently held that statements unwelcome to Māori should be suppressed, irrespective of truth. This disregards the freedoms of New Zealanders to speak their minds, advocate for their causes, and access a range of information,” Hobson’s Pledge trustee Don Brash says.

“The complainants demonstrated that they believe there can only be one view and that New Zealanders are not smart enough to consider diverse viewpoints.

“Like many of our institutions and regulators, the authority of the ASA is weaponised to be used to effectively act as censors to ensure no debate or discussion can be had on issues of race relations without being punished.

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“The nonsense complaints that suggested our advertisement was harmful and maliciously motivated were shut down by a majority of the ASA Board:

A majority of the Complaints Board said the advertisement did not reach the threshold to breach the ‘Decency and Offensiveness’ rule in the context of advocacy advertising.

A majority of the Complaints Board said the advertisement did not reach the threshold to cause fear or distress without justification.

“The tendency for amateur authoritarians to paint those whom they disagree with as ‘evil’ rather than just holding a differing viewpoint has been destructive of our ability to debate important and difficult subjects. Whenever this behaviour is thwarted we take a step back in the direction of mature engagement.

“We note that the Complaints Board also said they ‘accepted the source for the map and the factual claim that almost the entire coastline is under application for customary marine title.’ This was central to our advertisement and to have that validated is important.”

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