The Advertising Standards Authority (ASA) [1] has recently considered two complaints against Te Aro Brewing’s advertising of beer featuring the name and images of ‘Kupe’, a well-known Polynesian explorer and an esteemed tūpuna (ancestor).
The ASA upheld the complaints and ruled that the Advertisements, product name and packaging was to be removed and not used again.
The decision is significant in that, while there was “nothing unflattering or denigrating” about the imagery or wording of the advertisements, the use of Kupe’s image to promote alcohol was considered culturally offensive.
Te Aro’s beer, the ‘Kupe’ NZ IPA, was one offering in the brewery’s ‘Age of Discovery’ series. The first two beers in the series were a ‘Christopher Columbus’ East Coast IPA and a ‘Ferdinand Magellan’ Pacific Pale Ale. The third beer in the series was the ‘Kupe’ NZ IPA, the advertising of which drew complaints leading to the ASA’s decision.
The design of the ‘Kupe’ can and advertising featured a shirtless navigator holding what appeared to be a taiaha [2]. Kupe was a legendary explorer, and an important ancestor to the Māori people, who in many iwi [3] narratives is accredited with being the first Polynesian to discover New Zealand [4].
The decision considers the use of Kupe’s name and imagery on product packaging, on a beer tap, and in social media advertisements.
The complaints
The ASA received complaints from Communities Against Alcohol Harm and Turehou Māori Wardens ki Otara, both of which were concerned by the brewery’s use of Kupe in the advertising of beer.
The complainants stated that the campaign exploited and demeaned the mana of Kupe and associated peoples. The second complainant described the use of Kupe in the campaign as "appalling cultural appropriation of a Rangatira of significant status in Te Ao Māori and Pasifika".
Te Aro Brewing responded saying that the Kupe beer was one of a series of seven beers named after famous historical explorers. The inclusion of Kupe was because of his historical significance to New Zealand and that he was “worthy of note alongside other great explorers”.
Complaints Board findings
The Complaints Board considered whether the advertisements and packaging met the high standard of social responsibility required by the Alcohol Advertising and Promotion Code and the Advertising Standards Code.
The Board acknowledged the brewery’s intent to honour Kupe's historical significance but concluded that this did not mitigate the breach of advertising standards.
The Board found that the advertising was in breach of Principle 1 and Rule 1(c) of the Alcohol and Advertising and Promotion Code set out below:
Principle 1: Social Responsibility: Advertisements must be prepared and placed with a due sense of social responsibility to consumers and to society.
Rule 1(c) Decency and Offensiveness: 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.
Guideline: Advertisements must not exploit, degrade, denigrate, demean or objectify any person or group of people or any products, services, objects or places.
The Board found that “while there was nothing unflattering or denigrating to the mana of Kupe in the advertisements, the use of his image to promote alcohol was culturally offensive.”
In coming to the decision, the Board also referenced a 2019 (non-binding) guideline published by the Brewers Guild entitled a “Guide to Appropriate Use of Māori Culture in the Brewing Industry” which advises against using Māori cultural symbols in alcohol marketing due to their sacred nature.
ASA Authority
The ASA is an industry organisation supported by advertisers, advertising agencies and media organisations to maintain standards in advertising.
Compliance with an ASA decision is voluntary and the ASA does not have the ability to force compliance with a decision. However, if a party does not comply with a decision the ASA may release an “Ad Alert” which informs media members of the ASA to a non-compliant advertisement or advertiser, the media members can then remove the advertisement from publication or broadcast.
The ASA can also refer the issue to relevant industry organisations or relevant regulators.
The most powerful and potentially damaging factor of an ASA decision is that all decisions are released to the media and will often receive considerable media coverage.
Useful reminder
This decision serves as a reminder of the need for careful consideration and consultation when incorporating cultural elements into marketing strategies. Ensuring that campaigns are respectful and culturally appropriate is crucial to avoid offending communities and breaching advertising standards and other consumer laws.
The decision also highlights that the ASA provides an alternative avenue to traditional court proceedings. If you have any questions about this decision or the ASA process, please contact one of our experts.
The full decision can be found by following this link.
[1] The ASA is the organisation that sets the standards for responsible advertising in New Zealand. The Advertising Codes set the standards for responsible advertising. They cover truthful presentation and matters of social responsibility. There are specialist codes for advertising to Children and Young People and for categories including alcohol, financial advertising, gambling, therapeutic and health advertising.
[2] Taiaha are traditional Māori weapons, a short staff usually made from wood or whale bone.
[3] Iwi often refers to a large group of people descended from a common ancestor and associated with a distinct territory. Often translated in English as tribe.
