“Party like it’s payday!” urges Diageo Australia (before your welfare cheque runs out?)

It looks like Diageo Australia is at it again.

No, this time they’re not advertising Bundy Rum to a 3 year old.

Instead, they’re urging Western Australians to “Party like it’s payday” – hoisting ads for Captain Morgan Original Spiced Gold Rum around the Perth suburbs, including right outside a Centrelink office.

Whatever were they thinking?  Party like it’s payday – before your welfare cheque runs out?

Here’s Hannah Pierce, Research Officer at the McCusker Centre for Action on Alcohol and Youth, Executive Officer of the Alcohol Advertising Review Board, and a Master of Health Law candidate at Sydney Law School.

Hannah’s blogpost is re-published with permission from Drink Tank.

Just when you thought the marketing techniques of alcohol companies couldn’t shock you any further, along comes an ad campaign that takes things to a whole new low.

Last month the Alcohol Advertising Review Board received a complaint about outdoor ads for Captain Morgan Original Spiced Gold Rum with the very prominent message, “Party like it’s payday”.

Understandably, the complainant was concerned about the tagline linking drinking and payday:

It makes me think of the people who spend their pay on alcohol and then don’t have much money left over for essentials like food and rent etc. There has been quite a lot of talk in the media of cashless welfare cards which can’t be used on alcohol or gambling so people use their money on food, clothing and bills. This is obviously a big problem in Australia, so it seems outrageous to have a very public alcohol advertising campaign that is actually promoting partying and buying alcohol around the payday theme.”

When notified of the complaint, Diageo Australia, the owner of Captain Morgan rum, declined to participate in the AARB process and confirmed their support for the self-regulatory system.

Given the sensitive issues the ad could raise, you’d think they’d be pretty careful where they put the ad, right?

Wrong.

The AARB received a second complaint about the ad, this time placed directly outside a Centrelink office on a Telstra payphone. The complainant said:

The sign says “Party like its Payday” conveniently out the front of Centrelink where people go to get their fortnightly welfare payment. This is highly insensitive considering Australia’s alcohol issues are highly prevalent amount those on welfare benefits […]”

Considering the substantial concerns about alcohol-related harms in Australia, including alcohol use among young people and vulnerable populations who are likely to visit Centrelink, the placement of this ad is blatantly inappropriate.

These complaints were reviewed and upheld by the AARB Panel. The Panel believed the tagline was irresponsible and encouraged excessive drinking, and that the ad attempts to establish that drinking Captain Morgan should take precedence over other activities, such as paying for accommodation and food.

The Alcohol Advertising Guidelines of the Outdoor Media Association (OMA), the peak national industry body that represents most of Australia’s outdoor media companies, note that its members “only accept copy for alcohol advertising that has been approved for display through the Alcohol Advertising Pre-vetting System”.

Evidently, the content of the Captain Morgan ad was actually approved by the self-regulatory system, highlighting serious concerns about its ability to ensure alcohol advertising is socially responsible.

In addition, the OMA has only one guideline relating to the placement of alcohol ads – that they cannot be placed within 150 metres of a school gate. Everywhere else is open slather.

So it appears neither the content of the “Party like it’s payday” rum ad nor its placement outside a Centrelink breach any codes in the self-regulatory system.

Despite this, the AARB has written to the OMA and Advertising Standards Bureau to seek their position on whether the content and placement of the Captain Morgan ad is consistent with the OMA’s commitment to “the responsible advertising of alcoholic beverages”.

The AARB has also written to Telstra to highlight our concerns about outdoor alcohol advertising and ask that they consider phasing out alcohol advertising on Telstra property, including pay phones.

The AARB was developed by the McCusker Centre for Action on Alcohol and Youth and Cancer Council WA in response to concerns about the effectiveness of alcohol advertising self-regulation in Australia.

This Captain Morgan ad is yet another example that highlights the need for this alternative complaint review system to support action on alcohol ads that the self-regulatory system deems acceptable.

If you see an alcohol ad that concerns you, we encourage you to submit a complaint to the AARB. Every complaint the AARB receives is further evidence of the need for strong, independent, legislated controls on alcohol advertising in Australia. Visit www.alcoholadreview.com.au and follow @AlcoholAdReview on Twitter to find out more.

Republished with permission from Drinktank.

The Callinan inquiry into Sydney’s lock-out laws

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A few questions came to mind when I read that former High Court Justice Ian Callinan had been appointed to head the independent inquiry into amendments to NSW’s liquor licensing laws, including the controversial lock-out laws”.

Mr Callinan was a member of the High Court when it decided, by a 3:2 majority, that hoteliers owe no duty to use reasonable care to prevent patrons from causing harm to themselves as a result of excess drinking.  Despite the economic interest hoteliers have in encouraging patrons to drink, and to keep drinking.

The primacy of personal responsibility was clearly the over-riding value in the statement by Justice Callinan that:

Except for extraordinary cases, the law should not recognise a duty of care to protect persons from harm caused by intoxication following a deliberate and voluntary decision on their part to drink to excess [Cole v South Tweed Heads Rugby League Football Club [2004] HCA 29, at [121]].”

The lock-out laws that currently apply in the CBD and Kings Cross precincts of Sydney were neither an exercise in temperance by the NSW Government, nor a response to the fact that alcohol is responsible for 5% of Australia’s burden of disease (Australia’s Health 2016, p 59).

Rather, the lock-out laws were part of a package of amendments seeking to reduce the number of unprovoked alcohol-fuelled assaults by yobbos on Sydney streets.

For a short review of the “one-punch” reforms, see here.

The impact of the liquor licensing amendments on supermarkets and bottle shops was discussed here.

The death of Thomas Kelly, who was punched in the head during a night out in Kings Cross, was partly a catalyst for these changes.

In July, the Kelly family suffered a further loss with the death of another son, Ralph.

The injustice visited upon this family is heart-breaking, it is dizzying.

But it truthfully illustrates how alcohol-related harm spreads outwards – through families and beyond, like the ripples in a pond.

Much of that harm is externalised by the alcohol industry onto others.

What is the industry’s response?

Industry-funded “DrinkWise” public health messages/advertisements (can’t tell which) like this one, that build brand value for alcohol companies and associate beer brands with water sports.

Yep, that ought to work.

Watch out for the new “SmokeWise” e-cigarette advertisements – brought to you by Philip Morris….

 

Highlights from the Callinan report

In his report, Mr Callinan gave particular weight to the opinions and experience of police and the medical profession.  He said:

“The police and the medical profession, the latter of whom are financially and generally otherwise disinterested in the relevant issues, are strongly, adamantly, of the opinion that it is the Amendments in total and in combination that make them effective in reducing alcohol-fuelled violence and anti-social behaviour in the [CBD and Kings Cross] Precincts”.

He concluded that the Precincts were “grossly overcrowded, violent, noisy, and in places, dirty, before the Amendments, but that after them, they were transformed into much safer, quieter and cleaner areas” (p 10).

Mr Callinan was dismissive of the assumption that the vibrancy of a city at night can only be measured by the amount of alcohol consumed or available.  However, he acknowledged that opportunities for live entertainers may have diminished, and that the amendments may have contributed to some closures of premises selling alcohol, and some reductions in employment opportunities:

“The Amendments have come at a cost which is not quantifiable but which should not be exaggerated to employment, live entertainment and the vibrancy of the Precincts” (p 11).

Mr Callinan did not accept that violence had simply been displaced to other areas.  In response to the usual suggestion that anti-social drinking should be addressed by “cultural change and education”, rather than regulation, he said: “Cultural attitudes are difficult and slow to change.  The legislature in the meantime has to deal with the situation as it exists” (p 6).

Mr Callinan pointed out that the lock-out laws had enabled more police to be deployed in detecting and preventing non-alcohol-related harm, rather than tying up resources (pp 8-9).

Mr Callinan stated that he regarded the 10 pm curfew as making “little or no contribution to violence and anti-social behaviour in the Precincts” (para 9.10), although he acknowledged it might contribute to domestic violence (para 9.11).

He recommended relaxing the hours of sale for takeaway alcohol at licensed premises to 11 pm, and home delivered alcohol until midnight (para 9.10).

Two of the more controversial liquor control measures included in Mr Callinan’s inquiry were the “lock out” and “last drinks” provision.

For a trial period of two years, Mr Callinan recommended a relaxation of the lock-out laws from 1.30 am to 2.00 pm, but only to enable patrons to enter those parts of premises offering live entertainment.  He recommended a further relaxation of the liquor sales cessation period, from 3.00 am to 3.30 am, but only in respect of patrons in the “live entertainment” parts of the premises.

The NSW Government has indicated it will respond to the Callinan report before the end of the year.

ABAC Complaints Panel won’t consider complaint about Diageo Australia spamming 3 year-old with Bundaberg Rum video-advert

It’s official.  Spamming children with alcohol advertisements does not breach the ABAC Code, the alcohol industry’s swiss-cheese voluntary standard for alcohol advertising regulation.

The Chief Adjudicator of the ABAC Complaints Panel has ruled that the Panel will not consider a complaint about Diageo Australia spamming a 3 year-old with a Bundaberg Rum video-advert when she clicked on a Dora the Explorer video on a children’s YouTube channel.

The decision by Chief Adjudicator the Hon. Michael Lavarch AO confirms that otherwise unobjectionable alcohol advertisements do not breach the ABAC Code simply because they appear on children’s websites.

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I made the complaint to ABAC in September 2015 after the ads shown here appeared on a Dora the Explorer YouTube channel.

Fairfax press reported on the issue here.

Inexplicably, the Advertising Standards Bureau lost the complaint for 3 months, but finally found it again and forwarded it to Mr Lavarch.

Mr Lavarch’s letter can be found here.  He wrote:

“Your complaint is based upon the alcohol advertisement being placed on the YouTube channel prior to your daughter watching a programme that was clearly for younger children. The complaint however does not go to the content of the advertisement but is based solely upon the issue of where the advertisement was found.”

Mr Lavarch wrote that the complaint would “not be referred to the Panel for a determination as it raises only the issue of placement of an alcohol marketing communication rather than its content”.

In explaining his decision, Mr Lavarch referred to a previous determination of the ABAC Panel in 2012 (complaint 118/11)  where the ABAC Panel dismissed a complaint about an ad for Crown Lager appearing on a children’s website aimed at 3-8 year olds.

Despite not forwarding the complaint to the ABAC Complaints Panel, Mr Lavarch indicated that he would raise the complaint with the ABAC Management Committee for consideration.

In my view, this is a test for the integrity of the Management Committee, which is dominated by alcohol and advertising industry associations.

Why did a Bundaberg Rum ad run on a toddler’s YouTube channel?

Mr Lavarch indicated he had made inquiries of the advertiser (Diageo Australia) about how the Bundaberg Rum ad came to be running on a YouTube channel devoted to young children’s content.  This is where it gets interesting.

…Google thought you were an adult

Mr Lavarch’s letter conveys the advice of Diageo that “YouTube only serves this advertiser’s advertisements to users who are logged in to the Google platform that are aged 21+”.

I take this to mean that in Diageo’s view, I was logged into Google, and Google (which owns YouTube) assumed that the relevant YouTube channel was being accessed by an adult.

In fact, at the time, I was logged out of Google, and out of YouTube.

Even so, why should that make a difference?  Many computers used by children will be logged into Google or YouTube 24 hours a day.  Wouldn’t it be smarter for alcohol advertisers to keep away from children’s content, and to limit their alcohol advertising to websites that are age-restricted to adults?

Would Google/YouTube and its advertisers rely on the same arguments (you were logged into Google, so Google thought you were an adult) if advertisements for sex services were streamed on YouTube channels devoted to children’s content?

…You were accessing an unauthorised or pirated video

Mr Lavarch also relayed  from Diageo that “it seems that in this case the video was not an authorised, licensed, or verified video on YouTube and therefore YouTube would not have identified it as children’s content.”

This argument strikes me as self-serving.  As the photos on this blogpost illustrate, the Dora video in question was hosted by Super Dora Games, a YouTube channel with >62,000 subscribers and more than 54 million views.

Check it out.  Is it really so unreasonable to expect ABAC to hold Australian alcohol advertisers accountable when they advertise on sites like this?

This isn’t the shady backrooms of the internet, and I do not accept that children’s content websites should be fair game for alcohol advertisers.

Diageo’s assertions are not entirely consistent with advice received from the office of the Hon. Mitch Fifield MP, Minister for Communications, reported in an earlier post.  Google advised the Department that:

“[U]nfortunately [Diageo’s advertisement] was not correctly labelled as an alcohol advertisement, and Google’s other measures to identify inappropriate advertising content did not pick it up”.

The “other measures” comprise the following:

  • “alcohol advertisements are only shown to users that are logged in and who are aged 18 years and older;
  • Google excludes content that is family friendly;
  • Publishers have to opt in to show alcohol advertisements on their video content”.

So what really happened?

It’s difficult to know.  At the end of the day, Diageo Australia spammed a 3 year-old watching content appropriate for toddlers, but that doesn’t even breach the voluntary Code that Australia’s largest alcohol companies, hand on heart, have pledged their allegiance to.

Plugging the holes in the cheese

Mr Lavarch’s letter conveyed advice from Diageo Australia that the following measures have been implemented by its media partners (Google/YouTube?) to prevent similar occurrences:

  • Development of a list of ‘safe’ channels that Diageo content may appear on. All of the channels on the list are 18+ with content vetted to ensure no appeal to minors.
  • Development of a list of key words that should flag any potential areas of appeal to minors. This list ensures Diageo’s advertising will not appear alongside any content that is tagged or titled with these words.

These assurances sound constructive, but they also raise some new questions.  Is the list of channels ‘safe’ for alcohol advertising a private initiative by Diageo, or are all Australian alcohol advertisers adopting it?  Is the list publicly available?

The photos you see above illustrate that spamming children with liquor advertisements on children’s content websites is a real issue, not a hypothetical one.  In my view it would now be appropriate for the ABAC Management Committee to plug one of the holes in the ABAC cheese and to include a provision that prohibits Australian alcohol advertisers from advertising alcohol to children who are accessing age-appropriate content online.

The Alcohol Advertising Review Board, an initiative of the McCusker Centre for Action on Alcohol and Youth and Cancer Council WA, administers a voluntary Placement Code that includes the following provision:

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

The alcohol industry could only object to a provision like this if it was unwilling for its members to be held accountable for spamming children and adolescents with alcohol advertisements when they are accessing material online that is of particular appeal to them.

If Diageo and other advertisers have taken steps to ensure that something like this won’t happen again, then they shouldn’t have any problems with updating the ABAC Code accordingly.

The bottom line

Unfortunately, Mr Lavarch’s response illustrates that at the present time, complaints about alcohol advertising to children – to the extent that they raise the issue of placement – are being invisibly eliminated from the ABAC complaints system, confirming the impression that there is no problem to begin with.

Complaints like mine no longer make it through to the full Complaints Panel.

If a purely voluntary code is the best way of regulating alcohol advertising in Australia, then it’s time for the Management Panel to amend the Code so that advertisers are required not to advertise in connection with content that appeals or is likely to appeal to young people.

Is the ABAC Management Panel just a club dominated by alcohol and advertising interests, or can they act in the public interest to protect children from alcohol advertising?

We’ll see.  This issue may have a while to run yet.

In the meantime, the Royal Australasian College of Physicians (RACP) and the Royal Australian and New Zealand College of Psychiatrists (RANZCP) has released a new alcohol policy which is strongly critical of Australia’s current regime for alcohol advertising regulation – including the ABAC Code.  The recommendations about alcohol advertising are worth quoting in full:

“Recommendations:
1. That the current self-regulatory approach to alcohol advertising in Australia and New Zealand should be changed to include statutory restrictions, including the enforcement of costly sanctions for breaches of the advertising code.
2. That the sponsorship of sporting events by the alcohol industry should be prohibited in Australia and New Zealand as a first step towards a model of alcohol advertising regulations which would phase out all alcohol promotions to young people.
3. That the Australia New Zealand Food Standards Code should be amended to introduce mandatory warning label requirements for alcoholic beverages, with specific guidelines on the placement, size, colour and text of the label so they are visible and recognisable; and a strict timeframe put in place for its comprehensive implementation.”

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