The ACT sin bins junk food ads on buses

The ACT has taken steps to ban fast-food ads on buses. Image from abc.net
The ACT has taken steps to ban fast-food ads on buses. Image from abc.net

The ACT attracted media attention this week for becoming the first Australian jurisdiction to regulate ride-sharing services like Uber. But the ACT’s also been active in an area that’s close to the heart of many public health advocates: regulation of junk food and alcohol advertising. Promotions for these products will be banned on ACTION buses, along with ads for gambling, fossil fuels, and weapons, under a strict new government policy.

While derided by critics as another example of the “Nanny State” in action, the move represents a win when it comes to protecting children from junk food promotion. In discussing the ban, the ACT Minister for Territory and Municipal Services acknowledged that “[i]t’s quite clear that junk food advertising is targeted at children, in many many places it’s quite pervasive and… buses are just another example of that… we need to make sure that kids are getting a healthier message given the level of childhood obesity we see in our community.”

There’s little appetite for stronger restrictions on junk food ads at the federal level, despite the National Preventative Health Taskforce recommending legal measures to reduce children’s exposure to junk food ads back in 2008. This was followed by several attempts by The Greens party to introduce legislative amendments that would restrict junk food promotions on television. As with tobacco control, maybe legislative restrictions on junk food marketing to children need to start at the local level and work their way up.

The ACT’s policy also reflects growing government interest in “walking the talk” when it comes to obesity prevention, including by restricting the sale and promotion of unhealthy foods and beverages within government institutions. For example, New York City has developed a nutrition policy for all foods purchased, served, or contracted for by City agencies. Across the ditch, the New Zealand Ministry of Health has told all District Health Boards to stop selling soft drink in hospitals. Bans on junk food advertising in government-owned institutions, and on government-owned transport services, could form part of a package of measures that ensure that government agencies take a consistent stance on the importance of good nutrition and preventing weight gain. As noted by the ACT Minister for Territory and Municpal Services, if governments are seeking to promote healthier food to children, “leaving junk food advertising off the buses helps contribute to that overall objective of delivering a healthier message to our kids.”

The NZ Health Ministry has called on District Health Boards to stop selling soft drink.
The NZ Health Ministry has called on District Health Boards to stop selling soft drink.

Bundaberg Rum and Dora the Explorer: the reality of alcohol advertising in Australia

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A brief commercial break, then on with the show…

My 3-year old daughter loves Dora the Explorer.  She thinks that bossy little know-it-all, Dora, is really cool.  She used to be frightened of The Swiper, but that changed as she grew older.

Last night, I sat her down in front of a laptop and let her watch an episode of Dora on YouTube.  Right away an ad filled the screen for Bundaberg Rum.  Bundaberg Rum is a brand owned by Diageo Australia.  All of this happened mid-evening, before 9pm.

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This is the reality of alcohol advertising in Australia.  Liquor ads, bought and paid for by Australian drinks manufacturers, streamed online with children’s content.

It’s not unlawful.  It’s business as usual.

This is the kind of thing the Alcohol Advertising Review Board draws attention to in its latest report.

A product review by a 12 year-old for Vodka Cruiser Pineapple Passion Punch 2L, on the Dan Murphy website (owned by Woolworths). Johnny Walker and Smirnoff ads screened in cinemas  before “Minions” – an animated film, rated PG.  Alcohol ads plastered over bus stops outside schools (see p 17 of the report).  And so on.

If you don’t want your pre-schooler exposed to liquor ads while watching age-appropriate material online, what are your options?

First stop: The Alcoholic Beverages Advertising Code (ABAC).  According to ABAC, “The ABAC Scheme is the centrepiece of Australia’s quasi-regulatory system and is administered by a Management Committee which includes industry, advertising and government representatives.”

The ABAC Code and complaints scheme are not legally binding, but members of the Brewers Association of Australia and New Zealand, the Distilled Spirits Industry Council of Australia and the Winemakers’ Federation of Australia are signatories.

The ABAC Code places few real constraints on signatories, but it enables the alcohol industry to claim that alcohol advertising is regulated responsibly, at no cost to government.  Which would be great, if it were true.

The ABAC Code places no restrictions on the placement of an alcohol advertisement.

If you’re a drinks manufacturer who wants to advertise on the internet – including on websites that carry or are even devoted to children’s content – the ABAC Code has no problem with it.

For example, when Crown Lager ads appeared on a “Bratz” games website (and check out the URL to see what I mean ), the complaint was dismissed  because the ABAC Code was designed not to apply to the placement of alcohol ads.

An independent complaints scheme, the Alcohol Advertising Review Board, points out the limitations of the ABAC, and administers its own Codes, with help from a panel of lay members located around the country.

The Content Code is constructed from provisions in existing alcohol advertising codes from around the world.  The Placement Code, however, “features provisions by which the Board considers the placement of alcohol advertising should be governed”.

The Placement Code contains the following provisions:

1. Placement: General

Alcohol Advertisements should not be placed: (i) in places or at broadcast times where Young People are exposed or are likely to be exposed; or (ii) in connection with content that appeals to Young People.

8. Internet

Alcohol Advertisements shall not appear online in connection with content that appeals or is likely to appeal to Young People.

As a parent, those constraints appear entirely reasonable to me.

By the way, you have to love the “Drink Wise” logo in the second screen shot above.  You probably missed it.  After all, it was designed to be missed.

For further comment on this in the Sydney Morning Herald and Fairfax press, click here.

A Fairfax video reporting on this blogpost, containing the images included in this post, has now been added to YouTube.

AdNews has reported that Diageo has suspended all media across the YouTube platform while it investigates the matters raised above.

This incident provides an interesting opportunity to test the limits or otherwise of the ABAC Code.  Accordingly, I have submitted a complaint.

Are you interested in studying health law?  For further information on Sydney Law School’s Master of Health Law and Graduate Diploma programs, follow this link.