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NATIONAL LIQUOR NEWS – December 2005
Australian Alcohol Advertising – World’s Best Practice by Gordon Broderick

Governments at both the federal and state levels have recently called for cuts to ‘red tape’. Government recognises that business and society is being burdened by a welter of regulation. Against this trend, there have been strident calls from some sections of the community for government to step in and regulate alcohol advertising. They claim that ‘self regulation’ has not worked. It may surprise these critics that the government currently has a role in regulating alcohol advertising in Australia, and that the advertising model is best described as ‘co-regulatory’.

First some history. In the early 1990s the alcohol industry liaised with the federal Government regarding the objectives of the National Health Policy as it affects alcohol advertising. In 1992, DSICA and the Australian Associated Brewers (AAB) created the Alcohol Advertising Pre-vetting system (AAPS) and in 1998 the current Alcohol Beverages Adverting Code (ABAC) was introduced. The industry also established an independent Adjudication Panel to hear complaints that fall under the Code.

There are four major industry associations associated with ABAC. The AAB, DSICA, the Liquor Merchants Association of Australia and Winemakers Federation of Australia. ABAC members cover over 95% of the alcohol market.

The Code ensures the alcohol ads present a mature balance and responsible approach to the consumption of alcohol beverages, and do not depict or encourage excessive consumption or underage drinking. Broadly, ABAC states that advertisements must not:

suggest that the consumption or presence of alcoholic beverages may create or contribute to a significant change in mood or environment;
indicate association between consumption and achievement of personal, business, social, sporting, sexual or other success or therapeutic benefit;
have a strong or evident appeal to those aged under 18 years; and
depict any association between the consumption of alcohol beverages and potentially hazardous activity.

In 2004 the National Committee for the Review of Alcohol Advertising (NCRAA) under the auspices of the Ministerial Council on Drugs Strategies (MCDS) conducted an exhaustive review of the ABAC. This review found that the Code was working well, however a number of recommendations were subsequently adopted with the full support of the alcohol industry.

One such measure included appointing a government representative to ABAC’s Management Committee. A government nominated independent health expert has also been appointed to the Adjudication Panel. Hence, the current system is ‘co-regulated’ with government.

By any standard ABAC has been a great success. In 2004, 754 alcohol advertisements were pre-vetted – of these 607 were accepted, 63 were accepted after modification, and 84 were rejected. It is little wonder that with such stringent pre-vetting of ads that there are relatively few complaints!

Of the total complaints received in 2004 (212 complaints), 180 were for a single ad and only 22 other ads received complaints from the original 754. Following independent adjudication, 3 complaints were upheld and in all cases these ads were withdrawn or modified within 5 business days.

It is worth noting that the number of complaints may be inflated since anti-alcohol lobby groups routinely circulate e-mail’s encouraging people to lodge complaints about particular ads.

In line with best practice, the alcohol industry constantly reviews the Code to ensure that it delivers the best outcomes for the community. In this regard, the alcohol industry has been proactive and is currently examining ways to strengthen aspects of the Code.

Calls to apply full government regulation to alcohol advertising are misplaced. They ignore the evidence that the system is working extremely well and that government is currently involved in its operation. ABAC continues to represent world’s best practice and to coin a phrase, “if it ain’t broke don’t fix it”.

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