Fair play: Understanding the Fair Trading Act | Iain Sutherland | NZGDC 2025

Value of the Information & Strength of the Argument

The presentation offers valuable, actionable information for game developers, drawing on the Commerce Commission’s enforcement experience and recent industry sweeps. The argumentation is solid, grounded in specific legal provisions (sections 13G, 10, 11) and real case examples, such as fines against Strand Bags and One Day. The speakers effectively balance legal requirements with practical advice, emphasizing reputational risk and consumer trust. The use of concrete examples from the gaming industry, such as the Fortnite incident and the board game companion app, makes the content relatable and persuasive. The presentation is well-structured, moving from general principles to specific risks, and the speakers are credible as regulatory experts.

Scientific Rigor, Source Quality, Title Accuracy

The presentation demonstrates scientific rigor by referencing specific sections of the Fair Trading Act and citing real enforcement actions. The sources are primarily the Commerce Commission’s own work and case law, which are authoritative. The title accurately reflects the content, which is a focused explanation of the Fair Trading Act’s application to game development. The speakers are clear about the limitations of their guidance, noting that only courts can determine breaches, which adds to the credibility. The session does not include a formal bibliography, but the references to the ICPEN sweep report and the open letter to the industry are verifiable. Overall, the title and content are well-aligned, and the sources are appropriate for the topic.

The title accurately reflects the content, which focuses on understanding the Fair Trading Act in the context of game development.

8/10

Presentation by regulatory officials from the New Zealand Commerce Commission, providing practical guidance based on enforcement experience and real cases. The content is authoritative and well-structured, though it is not a formal legal document and some interpretations may be subject to court decisions.

Markers derived by PSI from the transcript: the creator did not define chapters.

• 00:00Introduction by Grant McIntosh and Iain Sutherland, overview of the session and the Commerce Commission's role.
• 03:00Discussion of the ICPEN sweep and the five key risk areas identified for the gaming industry.
• 07:00Overview of the Fair Trading Act, its principles-based approach, and penalties for breaches.
• 10:00First risk: avoiding misleading discounts, with examples and legal basis (section 13G).
• 15:00Second risk: avoiding dark patterns, including fake timers and manipulative UI design.
• 20:00Third risk: avoiding misleading free claims, with examples of hidden costs and subscriptions.
• 25:00Fourth risk: exaggerated promises about game features and future updates.
• 30:00Fifth risk: understanding the broad application of the Act to all in-game transactions and marketing.
• 35:00Practical compliance tips and the importance of clear communication with consumers.
• 40:00Q&A session and closing remarks.

• Commerce Commission open letter to the gaming industry — Referenced as the industry-wide letter sent to game developers outlining the five key risk areas.
• ICPEN sweep report — Mentioned as the international enforcement sweep that identified problematic conduct in online gaming.

• Fair Trading Act 1986 — The primary legislation referenced throughout the presentation, providing the legal basis for the discussed obligations.
• Commerce Commission enforcement actions — The Commission's website lists enforcement actions and case studies, supporting the examples cited in the presentation.

• No discordant sources identified — The presentation is consistent with established legal interpretations and enforcement practices.