Free-to-air broadcasters want classification rules changed to allow an additional 800 hours of alcohol ads every year despite one in three children already being exposed to liquor commercials on television.
Despite laws banning alcohol marketing during children’s viewing hours, broadcasters have a “sports loophole” in their code of practice, which permits the airing of alcohol ads during televised sporting events.
A revised code of practice, which the Australian Communications and Media Authority (Acma) is considering this month, does not close the loophole and instead proposes extending M programming slots, during which alcohol ads are allowed.
The code would establish revised rules for what can and cannot be shown on commercial television.
The extension proposed by Free TV Australia would mean daytime M programming would expand from three to five hours a day – from 10am to 3pm – and there would be no allowances for school holidays and weekends when children are home.
On the eve of Acma’s decision on whether to register the revised code, the Foundation for Alcohol Research and Education (Fare) has released a study that found 70% of Australian children aged 15 to 17 recalled seeing alcohol ads in the previous month. Television is the major source of the ads.
The Fare CEO, Ayla Chorley, said more needs to be done to protect children and young people from the harms of alcohol advertising.
“This really underscores the need for reform to the regulation of alcohol advertising, like the commercial TV code of practice, which allows a sports loophole,” Chorley said.
“It defies logic that even though alcohol companies aren’t supposed to market their products to under 18s, they are allowed to advertise during televised sporting events when they know thousands of kids are watching.
“This new data highlights how critical it is that the Acma rejects Free TV Australia’s draft code of practice and [demands] an approach that meets community expectations – one that protects our children from harmful alcohol advertising at all times.”
Julia Stafford from the Cancer Council of Western Australia said the “insidious creep” of alcohol marketing into every area of children’s lives must be stopped.
“We know that when children are exposed to alcohol ads, they are more likely to start drinking earlier in life and at riskier levels,” Stafford said.
Acma has already indicated that the proposal may not meet community standards. In a response to the draft revised code in November, it said: “Viewers may have concerns about any extension of time when alcohol advertising is permitted on television.”
The proposal to extend M zones is just one of the changes to the self-regulatory Free TV code of practice, which has not been updated for a decade.
Children and Media Australia’s submission on the draft code argues it will make it unsafe for children because they will encounter M content during weekends and school holidays, as well as from 7.30pm.
“These proposals show a profound lack of concern for children and their lives, and a lack of interest in serving the family audience,” CMA said.
The industry itself does not support the changes to the M-rating. Alcohol Beverages Australia told Free TV its proposal may result in an expansion of when alcohol advertising is permitted. “The industry does not support this expansion and recommends that changes to the code do not directly or indirectly facilitate this,” ABA said in a letter last year.
Free TV has ignored Acma’s suggestion that it update the code to include content provided online, which would take in their streaming services 9Now, 7Plus and 10Play.
“The Acma considers that viewers would benefit from broadcasters committing to voluntarily extend some or all of its broadcast television safeguards to all television content provided online,” the response said. These catchup services are not subject to regulation by Acma.
The broadcasting watchdog urged Free TV to follow ABC and SBS’s lead and provide content safeguards for all of its audience.
Acma said viewership of broadcasters’ on-demand services continues to grow, rising from 18% in 2017 to 43% in 2023, while free-to-air viewership continues to fall.
Since 2022, more Australians watch streaming services than free-to-air television. However, the self-regulatory codes of practice for broadcasters do not apply to the streaming services, or to the online catchup TV services offered by the networks.
