Advertising Standards Bureau Review of Operations www.adstandards.com.au Level 2, 97 Northbourne Avenue, Turner ACT 2612 Ph: (02) 6262 9822 | Fax: (02) 6262 9833
cre8ive 10730-0411 2010
Contents
Who we are 2010 2 Independent Reviewer 46 Mission statement and values 3 Cases reviewed in 2010 47 Advertising self regulation 4 Independent Reviewers 49 Funding of the self regulation system 5 2010 Snapshot 6 Most complained about ads in 2010 7 Statistics 50 Advertising complaints statistics 51
Executive Reports 8 ASB Board of Directors 9 Appendices 61 Chairman’s Report 10 Advertising Standards Board complaints process 62 CEO’s Report 11 Independent Review Process 63
Our path to our vision 12 AANA Code of Ethics 64 Achievements in 2010 13 Objective 1 14 AANA Code for Advertising & Marketing Objective 2 15 Communications to Children 66 Objective 3 17 Objective 4 19 AANA - Environmental Claims in Advertising Objective 5 20 and Marketing Code 69 Objective 6 21 Objective 7 23 AANA Food & Beverages Advertising Objective 8 24 & Marketing Communications Code 71
The Responsible Children’s Marketing Initiative Board Reports 25 of the Australian Food and Beverage Industry 73 The Board’s view – Applying the codes of practice 26 Board Members 37 Australian Quick Service Restaurant Industry Initiative The dvertisingA Claims Board 44 for Responsible Advertising and Marketing to Children 76
Federal Chamber of Automotive Industries (FCAI) Voluntary Code of Practice for Motor Vehicle Advertising 79
Alcohol Beverages Advertising Code 82
Review of Operations 2010 1 Who we are 2010
The Advertising The Bureau was established for the • Australian Quick Service Restaurant purposes of: Industry Initiative for Responsible Standards Bureau • establishing and monitoring a Advertising and Marketing to (ASB) administers self-regulatory system to regulate Children advertising standards in Australia Australia’s national • promoting confidence in, and The ASB also works with the Alcohol system of self-regulation respect for, the general standards Beverages Advertising Code (ABAC) of advertising on the part of the management scheme, and accepts, and in relation to both community and the legislators forwards to the ABAC chief adjudicator, all public and competitor • explaining the role of advertising in a complaints about alcohol advertisements. free enterprise system complaints. • running other regulatory systems as Public complaints about particular contracted from time to time. advertisements in relation to the issues below are considered cost-free to the community This is achieved through Funded through a levy paid by by the Advertising Standards Board: Australian advertisers, this proven • health and safety the independent system of advertising self-regulation has • use of language complaints resolution operated since 1998 following extensive • discriminatory portrayal of people consultation within the industry and with • concern for children processes of the government and consumer representatives. • portrayal of violence, sex, sexuality Advertising Standards and nudity In 2010 the ASB administered the • advertising to children Board and the following codes of practice: • advertising of food and beverages Advertising Claims • AANA Advertiser Code of Ethics • advertising of cars under the FCAI • AANA Code for Advertising and Voluntary Code of Practice for Motor Board respectively. Marketing Communications to Vehicle Advertising Children • AANA Food and Beverages Independent Review of the Board’s Advertising and Marketing decision is available to complainants and Communication Code advertisers. The Independent Review • AANA Environmental Claims in process enables consideration of Board Advertising and Marketing Code processes. It is not a merits review. The • Federal Chamber of Automotive process was established in 2008, with a Industries (FCAI) Voluntary Code of review of the process conducted in late 2010. Practice for Motor Vehicle Advertising • Australian Food and Grocery Council Competitor claims between advertisers Responsible Children’s Marketing in relation to truth, accuracy and Initiative of the Australian Food and legality of particular advertisements are Beverage Industry considered on a user-pays basis by the Advertising Claims Board.
2 Review of Operations 2010 Mission statement and values
Purpose Mission Vision
To efficiently manage and promote To administer a well respected, effective In 2014, the Advertising Standards the complaints adjudication component and independent advertising complaints Bureau will: of the advertising self-regulation system resolution service that regulates • be the pre-eminent adjudicative in Australia. advertising standards in Australia authority for advertising and adjudicating both public and competitor marketing communication complaints To ensure the community, industry and complaints and ensure compliance with against industry codes of practice in government is confident in and respects relevant codes. Australia the advertising self-regulatory system. • deliver effective advertising Values self regulation in Australia To ensure the general standards of • reflect community standards advertising are in line with community • Transparency in decision making • have a well recognised awareness and values. • Accountability to advertisers and profile among the public, industry, the community government and other stakeholders • Responsive to complaints • have kept pace with advertising • Independent and marketing communication developments in new media • comply with international best practice complaints-handling procedures and protocols • be financially viable • have a skilled and sustainable workforce.
Review of Operations 2010 3 Advertising self regulation
The Advertising The Advertising Standards Bureau The Advertising Standards Board Claims Board The ASB administers the advertising self The Advertising Standards Board The ACB resolves complaints regulation system, accepting complaints determines public complaints about between competing advertisers, individual advertisements, through about advertisements for determination through a panel of legal specialists. a panel of public representatives by the Advertising Standards Board from a broad cross-section of the Australian community. and the Advertising Claims Board.
AANA AFGC ABAC FCAI
The Australian Association The Australian Food The Alcohol Beverages The Federal Chamber of National Advertisers and Grocery Council Advertising Code is the of Automotive Industries is responsible for the is responsible for the code for alcohol advertising is responsible for the development of the AANA Responsible Children’s self regulation by the ABAC FCAI Voluntary Code Advertiser Codes which are Marketing Initiative of the Complaints Panel. All of Practice for Motor administered by the ASB. Food and Beverage Industry complaints about alcohol Vehicle Advertising which and the Australian Quick are received by ASB and is administered by the ASB. Service Restaurant Industry forwarded to ABAC. Both Initiative for Responsible ASB and ABAC may Advertising and Marketing consider complaints about to Children. Complaints alcohol advertising. for both initiatives are administered by the ASB.
4 Review of Operations 2010 Funding of the self regulation system
Who funds the self which is drawn upon to pay the costs Confidentiality of levy collected regulation system? involved in administering and operating the self regulatory system. The amount of levy collected from Responsible advertisers assist in individual advertisers is kept confidential maintaining the self regulation system’s Management of the funds is outsourced, from the Board and Directors of both viability and support its administration the financial accounts are prepared by the ASB and the AASC. This ensures by agreeing to a levy being applied chartered accountants and audited by appropriate commercial confidentiality to their advertising spend. Since the an independent audit firm. about the expenditures of individual establishment of the advertising self advertisers on particular products and regulation system in Australia, the levy services. has been set at 0.035 per cent, just $3.50 What the levy is used for per $10,000 of gross media expenditure. All levy monies are applied exclusively Funding of the Advertising Standards to the maintenance of the self regulation Bureau (ASB) and its secretariat support system and are used to finance activities of the Advertising Standards Board and such as: Advertising Claims Board is provided • general ASB administration and through the voluntary levy – the ASB operation of the self regulation receives no government funding. The system, including maintenance levy is paid to and administered by of complaints management the Australian Advertising Standards • recruitment of Advertising Standards Council (AASC). Board members, and payment of 20 Board members from diverse The Media Federation of Australia geographical backgrounds at supports ASB through its members’ regular meetings collection of levy. • Advertising Standards Board and Bureau teleconferences, meetings with industry and government as How levy is collected appropriate throughout the year • research to assist Advertising The levy is collected mainly through Standards Board members and media buying agencies but also directly the community to understand self from advertisers that buy their own regulation and specific Code related media space. issues, including research into community standards and levels The levy is remitted quarterly through of awareness of the ASB the AASC, the funding body of • ASB contribution to AANA advertising self-regulation. The AASC Code reviews. holds the industry funds in an account
Review of Operations 2010 5
2010 Snapshot
2010 complaint snapshot
Number of complaints received 3526
Number of complaints about ads that did not breach the code 1692
Number of complaints about ads previously considered by the Board 708
Number of complaints made about matters outside ASB jurisdiction 620
Number of complaints about ads that were found to breach the code 361
2010 ad snapshot
Number of advertisements complained about 520
Number of advertisements the Board found consistent with AANA code 442
Number of advertisements found by the Board to breach the AANA code 49
Number of advertisements withdrawn voluntarily before the advertisement was considered by the Board 29
Number of advertisements which were NOT modified or discontinued after a complaint was upheld 1
6 Review of Operations 2010 7. Fernwood Fitness Centres Aust Pty Ltd (Billboard) Most complained Case number 15/10 “Join Now for Fox Sake” about ads in 2010 Issue – Portrayal of sex, sexuality and nudity, Section 2.3 AANA Code Advertising Standards Bureau – Most of Ethics and Language, Section 2.5 complained about ads in 2010 AANA Code of Ethics Board decision – Dismissed 1. Advanced Medical Institute (TV) About 50 complaints Case number: 0284/10 Cookie jar at top of cupboard – man 8. AAMI (TV) offers wife an erect penis as a step. 4. Sexpo Pty Ltd (Billboard) Case number 18/10 Issue – Portrayal of sex, sexuality Case number 60/10 Compilation of accidents and and nudity, Section 2.3 AANA Code Featuring woman on knees and man man singing “What about me”. of Ethics on motorbike –ad for Brisbane Sexpo Issue – Health and Safety, Section 2.6 Board decision – Dismissed in March. AANA Code of Ethics About 220 complaints Issue – Portrayal of sex, sexuality Board decision – Dismissed and nudity, Section 2.3 AANA Code About 50 complaints 2. Ashley Madison – Avid Life (TV) of Ethics Case number 0257/10 Board decision – Dismissed 9. SCA Hygiene Australasia (TV) Life is short. Have an affair. About 75 complaints Case number 109/10 Issue – Portrayal of sex, sexuality Libra pads made into Ninja armour and nudity, Section 2.3 AANA Code 5. Ashley Madison – Avid Life by boyfriend. of Ethics and Other – Social values (Billboard) Issue – Discrimination or vilification, Board decision – Dismissed Case number 0292/10 Section 2.1 AANA Code of Ethics About 115 complaints (TV) Life is short. Have an affair – Board decision – Dismissed Sydney. About 45 complaints 3. Vic Roads (Internet) Issue – Portrayal of sex, sexuality Case number 0148/10 and nudity, Section 2.3 AANA Code 10. Calvin Klein (Billboard) Viral clips aimed at influencing the of Ethics and Other – Social values Case number 0411/10 behaviour of young Victorian drivers – Board decision – Upheld Image of one woman and three men. ‘Everytime you use your mobile phone About 60 complaints Woman is lying on her back with her in your car…’ head resting on the thighs of one of Issue – Discrimination or vilification, 6. Advanced Medical Institute (TV) the men and he is looking down at her. Section 2.1 AANA Code of Ethics Case number 0315/10 Another man is crouched over her. and Language, Section 2.5 AANA Code Running race with beds on the track. Issue – Portrayal of sex, sexuality of Ethics Issue – Portrayal of sex, sexuality and nudity, Section 2.3 AANA Code Board decision – Dismissed and nudity, Section 2.3 AANA Code of Ethics and Violence, Section 2.2 About 105 complaints of Ethics AANA Code of Ethics Board decision – Upheld Board decision – Upheld About 50 complaints About 45 complaints
Review of Operations 2010 7 Executive Reports
ASB Board of Directors
Chairman’s report
CEO’s report
8 Review of Operations 2010 ASB Board of Directors
The Advertising Standards Bureau is a Board of Directors limited company headed by a Board of Directors. Under the Constitution of Ian Alwill John McLaren the Advertising Standards Board, there Chairman, ASB Director, ASB must be between three and six directors Director – Marketing Group Account Director, of the company that is the Advertising Communications, Nestle Australia Clemenger BBDO Standards Bureau (the ASB). Michael Duncan John Sintras The Board of Directors is responsible Director, ASB Director, ASB for management of the business of the Industry Director – Agencies, Chief Executive Officer, Starcom ASB consistent with the objectives of Morgan Research Media Vest Group the ASB. Hayden Hills The Bureau Board is responsible, with Director, ASB the CEO, for the corporate governance Group Manager – Finance of the ASB. With strategic, financial and Operations – Allianz Insurance operational concerns within its purview, it is anxious to improve the operation of the ASB with the aim of positioning ASB to become the foremost complaints resolution body for advertising in Australia. Meetings
The Bureau Board has the integrity of the The Board of Directors met 6 times during 2010. advertising self-regulation system at heart. It insists on absolute separation between Board member Position Meetings Period of Board the work of the Bureau Board and that attended membership of the Advertising Standards Board. Ian Alwill Chairman 4 (of 6) December 2004 (continuing) Michael Duncan Director 5 (of 6) November 2001 (continuing) During 2010 the membership of the Hayden Hills Director 5 (of 6) December 2004 (continuing) Board of Directors remained unchanged. John McLaren Director 4 (of 6) March 2009 (continuing) John Sintras Director 4 (of 6) December 2005 (continuing)
Review of Operations 2010 9 Chairman’s Report
2010 was a year of consolidation for the Bureau and Boards.
From left: Chairman of the Advertising Standards Bureau, Ian Alwill, Senator the With no changes to the composition Hon. Stephen Conroy, Minister for Broadband, Communications and the Digital Economy of the Advertising Standards Board and Advertising Standards Bureau Chief Executive Officer Fiona Jolly, at the release of the ASB’s during 2010 the focus was on ensuring research into community perceptions of sex, sexuality and nudity in advertising. consistency of decisions, ensuring decisions met community standards a program of continuous improvement – guiding the continuous improvement and developing the Board’s understanding and a strong strategic focus, I am strategy and ensuring that all practices of emerging issues and media. confident the Bureau will ably align with or exceed the standards demonstrate the important contribution agreed by our international counterparts. The Bureau spent considerable time it makes to the Australian community In 2011 we look forward to using our role during 2010 building awareness of and the benefit to the community and as Deputy Chair of the International advertising self-regulation and the role government of keeping advertising Committee of EASA to raise awareness of the Advertising Standards Bureau and self‑regulated. of advertising self-regulation systems its Boards at the Federal Government in the Asia Pacific Region. level. The presence of Communications As mentioned in previous years, Minister, the Hon Senator Stephen continued scrutiny of the self-regulation Thank ouy to the members of the Conroy, at the launch of the ASB system requires continued support from Advertising Standards Board for research into sex, sexuality and nudity industry, both in upholding the spirit their dedication to the role and in advertising, demonstrated the respect of the Codes that are in place, but also their commitment to applying the that the Bureau and the advertising in ensuring that the ASB is sufficiently various industry codes in line with self‑regulation system have attained resourced to continue all of its work. community standards. Thank you among Governments. While a number of new advertisers have also to our Independent Reviewers, signed up to contribute to the self- the Hon Deirdre O’Connor and Raising awareness of ASB among regulation levy, there are still too many Mr Mick Palmer, for the important members of Parliament will certainly large advertisers receiving the benefit role they play in providing impartial assist ASB’s work in the various of the ASB’s work without making their assessment of the appropriateness of Federal government inquiries involving contribution. The levy is a very modest Board decisions and Bureau process. advertising and classification which 0.035% of media expenditure – and has I also want to express my appreciation to were announced at the end of 2010. been unchanged since 1998. the Bureau Board who voluntarily and We welcome the opportunity to provide willingly offer their time to assist with input into these inquiries and we are Our international links, primarily corporate and strategic matters. confident that the advertising self through the European Advertising regulation system will withstand the Standards Alliance (EASA) are also Ian Alwill strongest scrutiny. Having implemented important to the everyday work of ASB
10 Review of Operations 2010 CEO’s Report
At the time 2010 seemed as being in touch with the community we also launched our new website, which without having a diverse board. Equally is more interactive and provides more to be a relatively quiet important is our testing of the Board’s in-depth information about ASB’s work, and internally focused decisions against community views. 2010’s recent and past cases and the advertising research gives the Board licence to take self-regulation system. year. In hindsight a more strict approach towards sex in though it is apparent advertising where there is a difference of As administrators of a number of opinion in the Board itself. The research industry codes we ensure we provide that a great deal also provides important information to feedback to the owners of those Codes. was accomplished – industry about community views into During 2010 we made submissions to acceptable uses of sexualised images the AANA review of the Code of Ethics, operationally and or themes. improved clarity around administration strategically. and interpretation of the FCAI Code, We hope that advertisers will make use and met a number of times with food of the three Determination Summaries industry representative bodies to We spent a good deal of time bedding put together during 2010. These provide feedback on the efficacy of the down our new internal complaints summaries, available on our website, new initiatives aimed at advertising management system. ASB considers provide detailed information and to children. it important to substantively respond references for advertisers to make use to complaints within the fastest possible of in developing campaigns. Finally, another fascinating year for time and our new system highlights for our staff at the coal face of complaints. us the places where our current system Thank you to industry and the As anybody who works in complaints works well or is not working as quickly community for inviting the Bureau management will attest, a sense of as desirable. Our new system also allows to speak to members of industry and humour is essential! Thank you to us to continually analyse our processes the public. A highlight was being invited everyone in our small team for making and to implement improvements. to speak at the Victorian Premier’s an action packed year so rewarding. We are pleased to finally see measurable conference on Women where nearly 200 improvements in processing times – and people discussed women working in the Fiona Jolly we will be building on these during 2011. media and how women are represented in the media. While we continue to A highlight of the year was of course provide training to advertisers and the completion and release of our creative agencies, in 2011 we hope to research into sex, sexuality and nudity. provide training and information to a In this, our third such research, we can see broader range of advertisers by targeting that there is concern in the community small to medium enterprises – an about sexualised images and themes important sector of the advertising in advertising – particularly in areas of industry. As a means of improving the media that cannot be ‘switched off ’. advertiser and community interaction We cannot credibly present our Board with the Bureau, in November this year
Review of Operations 2010 11 Our path to our vision
1. be the pre-eminent 4. have a well recognised 6. comply with international best adjudicative authority awareness and profile practice complaints-handling for advertising and among the public, procedures and protocols marketing communication industry, government 7. b e financially viable complaints against and other stakeholders industry codes of practice 8. ha ve a skilled and 5. have kept pace with sustainable workforce 2. deliver effective advertising advertising and marketing self regulation in Australia communication developments in new media 3. reflect community standards
12 Review of Operations 2010 Path to our vision – Achievements in 2010
In 2009 the Advertising Vision
Standards Bureau In 2014, the Advertising Standards assessed its purpose, Bureau will: • be the pre-eminent adjudicative mission and values to authority for advertising and develop a 2009–2010 marketing communication complaints against industry codes of practice strategic plan. In doing in Australia this we also formulated • deliver effective advertising self regulation in Australia a vision – a statement • reflect community standards of where the Advertising • have a well recognised awareness and profile among the public, industry, Standards Bureau will government and other stakeholders • have kept pace with advertising be in 2014. and marketing communication developments in new media This vision includes • comply with international best practice complaints-handling eight objectives by which procedures and protocols it will evaluate its • be financially viable • have a skilled and sustainable progress. workforce.
Review of Operations 2010 13 Objective 1 Be the pre-eminent adjudicative authority for advertising and marketing communication complaints against industry codes of practice
Our role As secretariat for the Advertising The role of the Advertising Standards Standards Board, the body responsible Bureau continues to be unique for adjudicating complaints made under in Australia. the Code, the Bureau was able to provide the AANA with feedback taking into In early 2010, the Bureau accepted account the Standards Board’s approach responsibility for administration and to interpretation of the existing Code adjudication against the AANA’s newest provisions and the challenges the code – the AANA Environmental Standards Board has sometimes faced Claims in Advertising and Marketing in this regard. The Bureau was also able Code. This takes the number of codes to communicate issues identified through administered by the ASB to seven. its day-to-day dealings with members of the community, advertisers, advertising Input to Code review agencies, media proprietors and other The Advertising Standards Bureau is in a parties who have provided feedback to unique position in Australia’s advertising the Bureau on the Code’s application. self regulation system and welcomed the chance in 2010 to provide input and Information to stakeholders assistance to the review of the AANA In relation to some complex Code of Ethics. determinations made by the Advertising Standards Board under the Federal Through administration of the Chamber of Automotive Industries advertising self-regulation system, the (FCAI) Voluntary Code of Practice for Bureau gains first-hand knowledge of Motor Vehicle Advertising, the Bureau both the community’s and advertisers’ prepared an information paper for concerns in relation to the AANA Code the FCAI. of Ethics and other associated Codes and industry initiatives. Care is taken to note This information paper highlighted issues raised and these were compiled issues that FCAI members should into the Bureau’s submission to the consider when creating and releasing AANA Code of Ethics review. motor vehicle advertisements.
14 Review of Operations 2010 Objective 2 Deliver effective advertising self regulation in Australia
New system – faster, more efficient The ASB website was redesigned to Revised meeting arrangement Following preparatory work undertaken provide a more interactive, informative, brings efficiencies toward the end of 2009, the ASB functional, logical and user friendly During 2010, the ASB implemented launched its new Case Management internet experience. The redesigned ASB a structured roster arrangement for System (CMS) in March 2010, replacing website incorporated a host of features member attendance at each meeting of a system that was unsuitable for future to support and assist all stakeholders. the Advertising Standards Board. Board development. A complaint and case ticker provides meetings were restructured to include 12 transparent statistical data of the members on a rotating basis. The revised The new system has greater business previous month’s activity, the complaint roster arrangements have been embraced process management capabilities lodgement process has been redesigned by members of the Board. The new required to future-proof the ASB, uses to more intuitively lead complainants arrangement has not detracted from the business process management technology through the pre-vetting questionnaire efficacy of the operations of the Board and techniques to improve the efficiency and direct the complainant to the right or the quality of the decision making and effectiveness of all aspects of the place if their complaint is outside the process and has produced modest savings complaints handling system, and charter of the ASB, while the advertiser in Board overheads. allows the organisation to achieve know-how section provides greater detail improvements in adjudication timeliness regarding the obligations of advertisers The meetings are complemented by and manage increased workloads within and what is required when responding two training days each year. These days the existing staffing profile. to complaints. include a review of the previous six months cases and a check of cases where The new CMS has also enabled the ASB When comparing 2009 activity with Board members were divided in their to accurately (and automatically) track 2010 activity, the implementation opinions. The training days assist in and measure its performance in regard of enhanced technology solutions ensuring the roster approach is providing to timeliness in managing the complaint has achieved significant operational results that are consistent with the views adjudication process and obtain efficiencies andesource r savings across of the whole Board. information about possible inefficiencies the operations of the ASB. Some key or bottle necks within the system. The statistics include: New procedure with fewer internal system improvements were • 1050% increase in cases completed resources expended complemented by the launch of a within 30 days or less, As a further improvement in the redesigned website. • 14.3% increase in cases completed complaint adjudication process within 31 – 60 days, (identified in an Operational Audit of • 85.7% decrease in cases completed the ASB conducted in 2009), the ASB in 61+days, implemented a new procedure to assess • 59.44% improvement in the average and manage complaints that raise issues time between receipt of complaint that have been consistently dismissed and formal notification of complaint in the past. to advertiser, and • 63.2% reduction in consumption of paper and printing consumables.
Review of Operations 2010 15 This consistently dismissed complaints Independent reviewer process review ASB accepted recommendations for initiative was designed to ensure there In line with EASA Best Practice, ASB action and implementation regarding is an appropriate balance between introduced a review process in April 2008 communication and education issues; providing a service for the entire to provide original complainants and technical issues relating to Independent community and removing a burden advertisers the opportunity to request Reviewer operation; and fee structure. on the system from those issues raised a review of a Board determination in Issues relating to cost and case reports by complainants that, in the past, prescribed circumstances. In August will be implemented immediately while have consistently been found to not 2010 the ASB considered that the other matters requiring greater time and contravene prevailing community process had been in operation sufficiently staff resource will be dealt with over the standards. long to undertake an internal review. course of 2011. The aim was to fine tune issues about The initiative enables the Board to spend which complainants or advertisers had A report outlining the process followed, meeting time discussing more complex expressed concern or that ASB had questions asked of respondents, responses cases, and also requires less Bureau and identified as matters for exploration. and recommendations was made advertiser resources to be expended in available early in 2011. dealing with matters that are consistently ASB invited all individuals and dismissed. organisations that requested an independent review of a Board Determination Summaries determination or who had contacted The sex, sexuality and nudity research ASB regarding the process, to be part report completed in 2010 and the of the review. A range of other people earlier reports into violence (2009) and organisations that had specifically and discrimination and vilification expressed interest in the Independent (2009) have resulted in three internally Reviewer process were also invited produced Determination Summaries to participate. In addition, wide relating to these three topics. These participation was encouraged via an ASB documents provide information to the media release, newsletter article and advertising industry and the community bulletin items which were distributed by highlighting the considerations and to subscribers and available on the process followed by the Board when ASB website. determining whether an advertisement breaches a Code. They also assist the Board in maintaining consistency in their determinations.
16 Review of Operations 2010 Objective 3 Reflect community standards
Research into Sexualisation of Children in Research participants who felt that During 2010, the Advertising Standards Media in 2008, a leading academic advertisements were unacceptable Bureau commissioned a major research in the field of sex and advertising, a identified several key factors: project into the very controversial issue representative from a creative agency, • Irrelevance of nudity or sexual of the use of sex, sexuality and nudity and a representative from the peak body imagery to some products in advertising and what the community for outdoor advertising. • Even where nudity and sexual thinks about it. The research report was imagery is relevant, being too completed in June 2010. ASB engaged Colmar Brunton, sexually explicit is inappropriate in an independent consumer research advertising. The Board applies community standards company to conduct the project. Initial • Reinforcement of women as in determining whether sex, sexuality research involved an online survey tool sexualised ‘objects’ through portrayal and nudity is treated with sensitivity. provided to 1207 members of Colmar in sexualised ads. The aim of the research was to increase Brunton’s research panel. In order to • Issues of children’s exposure were understanding within the Board about drill down to elicit concrete trends commonly raised, with specific current community standards regarding and analysis, two follow-up face-to- themes including: this issue, including a focus on assisting face focus groups were conducted. The — Material that children should not the Board to identify if there were research tested community reactions to be exposed to as they could mimic community concerns about sexualisation 22 advertisements from TV, radio, print, it or be prompted to ask questions of children in advertising and whether outdoor and internet media – 15 in the of their parents that are not community standards were different survey stage and 11 of these 15 and a desired, depending on the medium in which an further seven advertisements in the focus — Outdoor advertising in particular advertisement appears. group stage. was identified as giving parents little control over what children Specifically, the research aimed to As with previous community standards saw. The one internet ad measure the decisions taken by the Board research, the overall responses in both the considered generated some similar when assessing complaints about sex, quantitative and qualitative stages of the comment, sexuality and nudity against the opinions research showed a general congruence in — Concern that some children will of the broader community to determine that the upheld determinations tended to be exposed to material even in if the Board’s decisions are broadly in be related to advertisements with higher M-timeslots, and line with, or out of step with, the views levels of community unacceptability. — The use of oungery models in of the wider community. ads creating negative body image issues for younger girls. The ASB convened a Reference Group to assist in the choice of advertisements that would be tested and to provide comment on the questions to be asked. The Reference Group included a former Federal Senator who had been a member of a Senate Inquiry Committee
Review of Operations 2010 17 In addition to the factors that Following publication of this significant • n discussio of three Determination contributed towards an ad being research project, the Board is now more Summaries. The sex, sexuality and unacceptable, there were also mitigating aware of the community’s concerns nudity research report completed factors which reduced or offset concern and views. Information provided by the in 2010 and the earlier reports into and contributed to an ad being research allows the Board to rigorously violence (2009) and discrimination acceptable: apply standards for billboards and and vilification (2009) resulted • Rele vance and factual content outdoor advertising to more closely in three internally produced which makes otherwise unpalatable reflect community concern about Determination Summaries relating to advertisements acceptable whether sex, sexuality and nudity is these three topics. These documents • Humour which lightens the tone being treated, according to community were designed to assist all parties in and reduces severity so that the sex, standards, with sensitivity to the the advertising self-regulatory system sexuality and nudity issue can be relevant audience. by highlighting the considerations acceptable and process followed by the Board • Artistic treatment – i.e. where nudity Board training when determining whether an appears to be natural or artistic During 2010 the Advertising Standards advertisement breaches a Code. without “loud” sexual overtones and Bureau convened two one-day training suggestiveness sessions for the Board. This training During the year the Board and Bureau • Children not “getting it” – i.e. when included presentations and discussions staff were also able to take part in several sexual connotations are sufficiently about a variety of issues covered by the information sessions presented by subtle to go over the heads of children Codes administered by the Board. national and international bodies. These included: A number of ads were specifically Face to face training included: • a presentation from the included in the research to explore • discussion of a selection of complex Communications Council providing the issue of premature sexualisation or contentious determinations which the Board with insight into of children. Participants in the groups had involved significant discussion advertising to children from the were very sensitive to issues around sex regarding the merits of the case. In perspective of their member creative and young people. In particular, they addition to this, the Bureau made agencies, were concerned about the adoption of available to the Board an electronic • a highly interactive discussion sexualised appearance and behaviours, resource of complex cases for ongoing about the new Australian Food and this was exacerbated by concerns reference and to ensure consistency and Grocery Council Responsible about self esteem and unrealistic body and high quality decision making. Children’s Marketing Initiative led by image reinforced by advertising. ASB • a presentation and detailed discussion a representative from the Australian had difficulty finding advertisements following the completion of ASB’s Food and Grocery Council, that fit into this category and the research report into sex, sexuality • an overview of the New Zealand particular advertisements tested in the and nudity in advertising. This is an approach to advertising to children survey were found to have very low levels issue of particular concern to many and depiction of women in of unacceptability. in the community and about which advertising by the Chief Executive the Board is required to make many, Officer, Hilary Souter, of the New sometimes complex, determinations. Zealand Advertising Standards Authority , and • a look at issues relating to internet advertising by a Google executive.
18 Review of Operations 2010 Objective 4 Have a well recognised awareness and profile among the public, industry, government and other stakeholders
In 2010 the Advertising Standards The Advertising Standards Bureau’s Since the release of ASB’s research into Bureau continued to build on awareness newsletter is also distributed community perceptions of sex, sexuality of its role through participation electronically to raise awareness of the and nudity in advertising by Senator in industry events and seminars, work of the ASB and the successful the Hon. Stephen Conroy, Minister government forums, distribution of operation of the self-regulation system. for Broadband, Communications information and other specific activities It provides analysis on trends or and the Digital Economy, in June, to foster community awareness. interesting decisions of the Advertising Ms Jolly, Advertising Standards Bureau Standards Board, and encourages visits Chief Executive Officer, has met with A survey taken as part of the 2010 sex, to the ASB website. parliamentary officials interested in the sexuality and nudity in advertising self regulation of advertising in Australia. research showed that the level of Electronic monitoring of the open spontaneous awareness of the ASB was rates of the newsletter and monthly Ms Jolly was also invited to speak at 63 per cent. This is significantly higher bulletin show high levels of interest the 2010 annual Victorian Premier’s than the 10 per cent level in the 2007 in the information content, across Women’s Summit, attended by more Community Awareness research but all stakeholder groups – industry, than 200 representatives from the media, lower than the 69 per cent recorded community, media, and government. business and community. The summit during research in 2009. focused on women in the media and Throughout the year, information provided explored the complexities around the A major upgrade to the Advertising on the website, through the bulletins and portrayal of women. Standards Bureau website was completed newsletters were covered by general news, and launched in November. The new social affairs and marketing reporters. The During late 2009 and 2010, ASB format has received positive feedback Chief Executive Officer also participated presented papers at 18 seminars and from the community, media, government in numerous media interviews for print, conferences to a total audience of and industry bodies. The website internet, radio and television about issues approximately 835 people. These included provides greater interactivity and easier relating to ASB operations. presentations at a Chief Marketing access to more in depth information Officer Summit, Communications about the Bureau. The Bureau also took opportunities to Council seminars, an RMIT seminar, support other industry organisations in an Australian Council on Children and The electronic bulletin, Ad Standards promotion of Australia’s world-class self the Media sexualisation of children Bulletin, continued to be distributed to regulation system and the importance seminar, a Media Classifiers’ Association subscribers each month. The bulletin of responsible advertising. of Australia seminar, Youngbloods allows for readers to access the ASB seminar and Legalwise seminars. Specific website and other relevant information The Bureau sponsored the Media information was also presented to the through links. It covers issues of the Federation Awards which rewards Australian Communications and Media moment as well as highlighting recent collaborative work done in producing Authority and an advertising workshop Board determinations. campaigns that reach target markets, held by the Australian National and also the ‘Long term effects’ category Audit Office. of the 2010 Communications Council Effie awards.
Review of Operations 2010 19 Objective 5 Kept pace with advertising and marketing communication developments in new media
The ever-growing advertising space Under the internet category the ASB created by new technology is widening collects statistics on advertisements the opportunities for advertisers and also which are viewed via an internet feed. the style of advertising and marketing This includes interactive advertisements, communications. In order for the such as a series of ads released by self-regulation system to function Brut (case number 164/10) via a appropriately, it is important that the Bluetooth feed. Advertising Standards Board is able to consider complaints about material In 2010 the ASB also took complaints on all types of media that is accessible about advertising content on to consumers including complaints arising advertiser‑own websites. from advertisements on emerging media. During 2010, ASB referred During 2010 the Advertising Standards complaints about online content of Bureau received complaints about You two advertisements to the Australian tube, internet, social networking sites, Communications and Media Authority. and mobile phone/Bluetooth advertising. These both involved content appearing as unauthorised pop-ups. It also successfully Since 2006 the Board has considered negotiated with an overseas website complaints about advertising material owner (American Apparel – case number on the internet. This includes advertising 141/10) whose advertisement appeared material on advertiser own websites, on its own Australian-based websites. microsites established by advertisers for particular products and, of course, The increase in the number of complaints advertising material placed on third party about internet based ads was contributed websites. In mid 2009 the jurisdiction to by a high number of complaints about of the Board was expanded again when a series of viral advertisements released the AANA amended the AANA by VicRoads (case number 148/10). Codes to expand their application from advertising to ‘advertising and marketing The ASB believes it is important that the communications’. community has access to a complaints resolution service in relation to all The rate of complaints about advertisements and it is important that advertisements recorded as being seen the Board’s jurisdiction covers the range on the internet tripled in 2010. of media and fora in which advertising and marketing communications are made available.
20 Review of Operations 2010 Objective 6 Comply with international best practice complaints-handling procedures and protocols
International representation There was also considerable discussion At the 2009 EASA General Council Advertising Standards Bureau CEO about the EASA Best Practice meeting, a Portrayal of Gender Issue Fiona Jolly represented the ASB at Recommendations on Standards of Paper was approved and this formed the the European Advertising Standards Service, focussing on progress achieved basis for the 2010 ASB Determination Alliance (EASA) General Council and developing and implementing Summary on the Portrayal of Gender in meeting in Sofia in April. EASA is the KPIs. The new Case Management advertising. The Determination Summary single authoritative voice on advertising System introduced to ASB will allow provides strong guidance for industry self regulation issues in Europe and ASB to contribute more rigorous and regarding acceptable depictions and is an beyond. Membership of EASA allows accurate information on this issue in important tool in assisting industry to the Bureau to measure its performance future discussions. create advertisements that are less likely and operations against international to breach community standards. standards and ensures that we have access Member representatives shared to an appropriate best practice model for information on how they are Compliance advertising complaint resolution. approaching the new issue of Digital The Bureau’s exemplary record of Marketing Communications with compliance with Standards Board During the 2010 meeting in Sofia, particular reference to technical determinations continued in 2010. the General Council considered a difficulties in capturing on-line range of matters including own- advertisements and removing As a voluntary system it relies very initiative monitoring, copy advice, advertisements found in breach, non- much on the good will, good sense, and food monitoring, digital marketing compliant advertisers, and effective ways a common commitment of advertisers communications and standards of service. of linking with the interactive sector. to provide consumers with appropriate ASB is expecting to make use of these ASB is ahead of international practice advertisements and through this promote and other EASA resources for training on this issue. consumer and government confidence and information sessions for small to in the general standards of advertising. medium advertisers during 2011. Ms Jolly is the Deputy Chair of the International Council of EASA Advertisers, advertising agencies, media EASA members have been asked to which comprises affiliate members personnel and agencies, know that there undertake initiatives encouraging healthy of EASA including Australia, New is no government intervention in the dietary choices and healthy lifestyle Zealand, Canada, South Africa, India self-regulation system and to maintain when advertising food to children. Ms and other non-European members. this position it is necessary to achieve high Jolly shared ASB experiences regarding At the International Council meeting, levels of compliance with Board decisions. the Australian Food and Grocery Ms Jolly undertook to investigate the Council’s Responsible Children’s status of advertising self-regulation Marketing Initiative with members. in the Asia/Pacific region and the possibility of establishing an Asia/ Pacific advertising self-regulation forum to provide organisations in the region with information and experience of best practice in self-regulation.
Review of Operations 2010 21 In the vast majority of cases, advertisers • Should an advertiser fail to respond • In September 2010 the Bureau comply immediately with determinations to the Bureau’s request to remove or notified the Yarra City Council that made by the Board. Our experience is modify advertising, our relationship a local store would not remove a that, regardless of an advertiser’s reaction with industry and media bodies such sandwich board. Council replied and to a decision, most will quickly ensure as FreeTV and the Outdoor Media advised that it is unable to revoke the that their advertisement is removed from Association ensure that the industry approval of the sandwich board on the medium that the decision applied body will either negotiate with the the basis of content. to. In the rare cases where an advertiser advertiser directly for the removal of • In January 2011 the Bureau notified does not immediately comply, the ASB the advertisement on our behalf, or in the Victorian Government that has an effective range of enforcement specific cases, take action to remove advertising for an adult premises tools to apply to ensure compliance with the advertisement in the face of breached the Code and asked that the Board decisions. advertiser opposition. Government take appropriate action. • Under appropriate circumstances, Firstly, if a complaint indicates that an we will refer an advertiser to a Although Government agencies can be advertisement may breach government government agency such as the of assistance, ASB’s priority is to achieve regulations or has broken the law, the Commonwealth Department of compliance with Board decisions on its Bureau can refer the case report to Communications, Broadband and own, as this can be achieved more quickly. an appropriate government agency or the Digital Economy, the Australian industry body that has the authority to Communications and Media withdraw the advertisement. This will Authority, the Attorney-General’s be done without a case going to the Department, or to State Police Board for consideration. Departments to request that these agencies assist in taking action against More relevantly: the advertiser. • An advertiser’s failure to respond will always be included in the final Enforcement in 2010 case report which is made public Of the 49 cases upheld, all but three on the Bureau’s website. This is were modified or discontinued by the generally unwelcome publicity for advertiser in response to the notification the advertiser and for most advertisers of determination . In the case of the such publicity is a threat to brand three exceptions the Bureau sought reputation and is to be avoided. the assistance of relevant government • In a similar fashion, an advertiser’s agencies to enforce the decisions: failure to respond can feature in • In May 2010 the Bureau notified the information released to the media Fraser Coast Regional Council that which follows the relevant Board a billboard owner would not remove meeting. The Advertising Standards the billboard. Council replied and Bureau CEO responds to all media removed the billboard (although only requests with a full account of the on the basis that the development was particulars of the case, including not approved – not on the basis of the the timeliness of the advertiser’s content of the billboard). compliance.
22 Review of Operations 2010 Objective 7 Be financially viable
In 2010 the Advertising Standards The ASB continued to actively identify Bureau continued to promote the and target those major advertisers who benefits of Australia’s advertising self do not financially contribute to the self regulation system to advertisers. The regulation system. These advertisers ASB has maintained its approach that receive the benefit of the system without support from industry is critical in contributing an equitable amount two areas; firstly though cooperation to maintain the system that is made and compliance with the complaint available to all. adjudication role of the ASB; and secondly by financially supporting The ASB also maintained its argument the system through payment of the that further growth in new technology advertiser levy. and the complexity of cases considered by the Board impose greater costs that The contribution made by advertisers should be shared by the entire industry. in relation to their media expenditure (0.035 per cent of gross media As well as striving to increase income, expenditure – 35 cents per $1000) is small ASB has maintained a firm control in relation to the benefits of maintaining of expenditure and has achieved an effective self regulation system. cost efficiencies in a number of easar of operation. Financial support of self regulation by advertisers was maintained at similar levels to previous years.
At the end of 2010, approximately 63 per cent of the top 150 advertisers (as identified in annual Nielsen survey) contribute levy. The ASB is extremely grateful for the continuing support of those advertisers and is continuing to work with other advertisers to garner increased levels of financial support for the self-regulatory system.
Review of Operations 2010 23 Objective 8 Have a skilled and sustainable workforce
The ASB has a small and The new case management system has dedicated workforce. streamlined a number of manual, data entry tasks and increased efficiencies Throughout 2010 staff were consistently across a range of complaint adjudication involved in discussions and decisions processes. These efficiencies have enabled relating to complaint adjudication case managers to provide a significantly processes and activity and other key higher level of assessment and analysis of projects. Staff engagement in considering case material and also allowed them to emerging trends and issues, as well as take on the responsibility of drafting case delivering on the ASB’s core business report determinations. outputs, was at a very high level. All staff were given opportunities for Staff provided detailed input into training and development in line with the workflow design, system pathway their needs, identified in their individual assessment and activity measures as development and performance agreement. part of the implementation of the These included formal training in IT new Case Management System. Staff skills, as well as attendance at industry were involved in testing, assessment events, seminars and conferences. and streamlining of the system throughout the project. All staff received The ASB endeavours to provide comprehensive training in all aspects of a rewarding and challenging work the use and functionality of the system. environment while also maintaining The successful implementation of the a flexible family-friendly workplace. new Case Management System, while continuing to maintain the normal case/ In terms of staffing information, for the complaint load, was a major achievement calendar year ended 31 December 2010, during the year. ASB had: • eight staff members, five of whom Staff delivered in other major projects. work part-time hours These included the community • a full time staffing equivalent of standards testing research, review of 6.33 people the Independent Reviewer system, • an average staff tenure of 2.47 years the implementation of the enhanced • a staff gross attrition rate of 12.5% communications strategy, upgrade of for 2010. the ASB website, as well as maintaining the efficient and effective ongoing operational and financial administration of the ASB.
24 Review of Operations 2010 Board Reports
Advertising Standards Board
Board view
Board Members
Advertising Claims Board
Review of Operations 2010 25 The Board’s view Applying the codes of practice
When considering These issues fall broadly into eight During 2010 the portrayal of sex, categories: sexuality and nudity continued to be the complaints about • discrimination dominant issue raised by complainants. advertising, the • violence In 2010, this issue accounted for • portrayal of sex, sexuality and nudity 45 per cent of complaints, rising from Advertising Standards • use of language 40 per cent in 2009 and 25 per cent in Board is bound • health and safety 2008. The issue of discrimination and • advertising to children (including the vilification accounted for 19.5 per cent by section 2 of the AANA Code for Advertising and of complaints. Together these two issues Advertiser Code of Marketing to Children) comprised almost 65 per cent of all • motor vehicle advertising (the FCAI complaints made in 2010. Ethics (Section 2). Code Voluntary Code for Advertising This code determines of Motor Vehicles In 2010 the proportion of complaints • food and beverages (including about violence in advertising and what issues the Board the AANA Food and complaints about health and safety issues Beverages Marketing and both increased slightly to 9.62 per cent can look at when Communications Code). each, while the issue of language dropped considering complaints. again for the third consecutive year to 4.85 per cent.
Complaints relating to food and beverage code issues continued to rise slightly, reaching 3.08 per cent, with the AFGC and QSR food advertising initiatives totalling 1.4 per cent of all complaints.
26 Review of Operations 2010 Issues Attracting Complaint the advertisement does refer to a section of the community and that Discrimination or vilification the suggestion about that sector (Section 2.1, AANA Code of Ethics) of the community is negative. The Section 2.1 is a broad category which Board considered however that includes discrimination or vilification the situations depicted were so on the basis of race, ethnicity, nationality, incongruous with the road safety sex, disability and age. message of the advertisement, they would be considered by most people Objectification of women is the issue not to be a serious suggestion that that continually dominates complaints red headed people are undesirable. about discrimination or vilification under The Board considered that the the Code. advertisement did not discriminate against or vilify red headed people.’ During 2010 the Bureau published a determination summary addressing this Although discrimination on the grounds issue to provide guidance to advertisers of disability is not an area attracting about appropriate ways to depict both many complaints, during 2010 the men and women. A number of cases did to the use of scantily clad women in Board upheld complaints about a radio breach the Code on the basis that they advertising. The Board considered advertisement which suggested that it depicted women in a discriminating that the depiction of the woman would be undesirable to go out with a or demeaning manner. Of most note patting one of the men on the bottom woman with a disability – Jim Beam is the Board’s approach to the use of is a continuation of the parody. The Brands (0306/10). images of women’s body parts, usually Board considered that the tone of the in conjunction with sexualised text, to advertisement is light hearted and Similarly uncommon, but clearly in promote a product to which the woman’s flirty and that the men happily go breach of the Code, is advertising which body has no relevance. Cases 31/10 and along with the woman’s references to glamourises smoking. A One Teaspoon 0517/10 provide particular examples of them being good looking. The Board advertisement (0521/10) for clothing the Board’s approach to discrimination considered that the advertisement is which depicted a model smoking was against women. not demeaning to men and does not determined to breach the Code on the discriminate against or vilify men.’ basis of depicting material contrary to Depictions of men also raised concerns community standards on health. during the year. In particular complaints Also raising concerns during the year about the Philadelphia Cream Cheese were a large number of complaints about advertisement (case 0203/10) raised a viral advertisement for road and traffic concerns about the objectification of safety from Vic Roads (Case 0148/10). men. In this particular case the Board A large number of complaints were commented: made in relation to the advertisement’s ‘In the Board’s view the advertisement reference to people with red hair. is a parody of advertisements that use Although the colour of a person’s hair is attractive women to present products not a specific ground of discrimination – the parody element is clearly shown mentioned in section 2.1 the Board will Philadelphia – case number 203/10 (complaints dismissed) by the woman redirecting the viewer’s consider cases where the advertisement attention to the product not to the has raised a large number of complaints. men cooking and the depiction of In this case the Board determined that: the men wearing only underwear as ‘Although the Code does not they walk away – a clear reference specifically refer to hair colour,
Review of Operations 2010 27 Violence Violence against animals continued to (Section 2.2, AANA Code of Ethics) be an issue of concern to complainants Section 2.2 of the Code is strictly worded during 2010. Whether or not real animals – there can be no violence in advertising are depicted in situations or cartoon/ unless it is justifiable in the context of animated/ or clearly ‘fake’ animals will the product or service advertised. The make a difference to the Board’s view. advertising of very few products or However depictions of any violence services realistically justify the depiction against animals (real or otherwise) The use of violence against people is of violence. should be used with care. In Diageo difficult for the Board. While section (crocodile) (0485/10) the Board 2.2 clearly states that violence cannot The Board applies this provision commented: be used unless justified in the context pragmatically, and considers the context ‘The minority of the Board considered of the product advertised, the Board of any perceived violence, whether the that the advertisement did depict has not prohibited the use of slap stick violence is ‘slapstick’, animated, or shows violence against animals (even though images where no harm is shown. Again, realistic consequences. Included within it would be clear to viewers of the exaggerated and unrealistic situations this category are ‘graphic’ depictions of advertisement that the crocodile used will often make use of slapstick activities the consequences of violence or ‘graphic’ was not a real crocodile) and that acceptable, such as Mars Confectionery depictions of the consequences of such such a depiction was unjustified and (0160/10), and Fishermen’s Friend events as road traffic accidents. in breach of section 2.2 of the Code. 0370/10. In Fisherman’s friend: The majority of the Board considered ‘The Board considered that the however that the explosion of the advertisement depicted an unreal crocodile, the crocodile on the spit situation, far removed from reality. roast, and the suggestion that the The Board also noted that the man luggage is made from crocodile skin, looks happy after being hit with the was so exaggerated and unrealistic fish, and that he says, “Oh yeah!” that most members of the community straight afterwards. The Board would consider it humorous and not a considered the man’s reaction to be depiction of or condoning of violence a positive one, and in no way did he against animals.’ appear to be the victim of an assault.
The Board considered that most members of the community would find the advertisement humorous and would recognise that it was not encouraging or condoning violence, but rather emphasising the effect of eating a Fisherman’s Friend lozenge.’
However realistic depictions of people hitting each other will be unlikely to be acceptable under section 2.2, such as in National Foods Coon Cheese (0433/10). Diageo crocodile – case number 485/10 (complaints dismissed) Suggestions of violence and sexualised images must be avoided see Calvin Klein (0411/10).
28 Review of Operations 2010 Sex, sexuality and nudity However similar concepts in a still image (Section 2.3, AANA Code of Ethics) that is available to the general public The portrayal of sex, sexuality and requires a different test of ‘sensitivity’. nudity continues to be a dominant ‘The Board considered that the issue in complaints about advertising. only sexual reference is to ‘have an During 2010 the ASB released a research affair’. The Board considered that report which focussed on community the statement was relevant to the perceptions of sex, sexuality and nudity product advertised and, although not in advertising and provided insight into mentioning sex, in the context of consumer attitudes towards the use of the advertisement would be clearly sex, sexuality and nudity in advertising. understood to be encouraging sex between consenting adults. The Most complained about advertisements Board noted that the advertisement Billboards attracted some attention in the area of sex, sexuality and nudity is a billboard and is available for during 2010 with the Board taking during 2010 were a television and viewing by a broad audience. The a harder line on what material is billboard advertisement for Ashley Board considered that the theme of appropriate for viewing by a general Madison – a dating service for married the advertisement – an affair – was audience. Complaints, for example, men and women. The concept of the explicit and although not likely to about advertisements for SEXPO ‘relevant audience or time zone’ is critical be understood by young children, (0216/10) and a gentleman’s club Larry for the Board in determining whether an was a treatment of sex and sexuality Flynt (241/10) were upheld on the basis advertisement ‘treats sex, sexuality and that is not appropriate for a broad that the images in the advertisement nudity with sensitivity to the relevant viewing audience that includes older were inappropriately sexualised for the audience or timezone.’ In 0257/10 the children. The Board determined that audience. television advertisement (rated S), the the advertisement did not depict Board noted: sex and sexuality with sensitivity to Depictions that suggested that men ‘... that the advertisement depicts a man the relevant audience and therefore were having sex with blow up dolls was and woman kissing and embracing breached section 2.3 of the Code.’ considered highly inappropriate by the and that the kiss is fairly intimate. Board and a television advertisement for The Board considered however that Sexualised images also continue to AMI was taken off air after the Board the depictions were relevant to the attract complaints with a number of upheld complaints against it (AMI product advertised and, although advertisements breaching the Code. 351/10). sexualised, were not explicitly sexual. An advertisement for safe sex targeted The Board considered that this level of to the gay community was inadvertently Nudity will not, of itself, breach the sexualised behaviour was appropriate placed in a local newspaper and Code. In several cases during 2010 for viewing in a late night timezone. determined to breach the Code on the the Board considered images of nudity The Board considered that the theme basis that the image was a very sexually acceptable. Cobbity Turf (0376/10) of the advertisement – an affair – very suggestive image and was inappropriate explicitly was not appropriate for for the audience (ACON 151/10). viewing by children and noted again the late night classification of this advertisement. The Board considered that the sexual theme of this advertisement was not inappropriate for the timezone. The Board considered that this advertisement did not breach section 2.3 of the Code.’
Review of Operations 2010 29 Language Other acronyms used in advertisements Health and safety (Section 2.5, AANA Code of Ethics) which attracted complaints during (Section 2.6, AANA Code of Ethics) Complaints about the language used the year included ‘WTF’ and ‘FUIC’ Complaints about health and safety issues in advertising made up 4.85 per cent both on billboards. The Board’s view is in advertising were again low in 2010 at of all complaints in 2010. that the use of these acronyms tends 9.62 per cent, although slightly up from to be acceptable provided that they are the previous year’s figure of 8.38 per cent. The advertisement most complained reasonably unlikely to be understood by Under section 2.6 of the Code, the about on the grounds of language younger children. Similarly, removing Board must uphold complaints about an during 2010 was a Fernwood Fitness letters from words to make the word advertisement where the advertisement advertisement (15/10) which used the incomplete can also be acceptable. or marketing communications ‘depict word ‘fox’ in a context that many felt (Peregrine Corporation 35/10, Sportsbet material that is contrary to prevailing referred to another ‘f ’ word. The Board 0422/10) community standards on health and safety.’ determined that: ‘…the advertisement is for the Consistent with previous years, the Some depictions of behaviour can be promotion of Fernwood Women’s Board continued to consider a range inappropriate. A Choice advertisement health club and that the ad forms of complaints about the use of language mailed to subscribers depicted a man part of a campaign. The Board agreed that, in the Board’s view would be inside a refrigerator (0178/10) and was that the advertisement might be considered to be colloquial Australian upheld by the Board on the basis that: interpreted (by some members of expressions. Where such expressions are ‘…the man is depicted in the fridge the community) as FOX to mean used in a way that is consistent with their in a manner that is reminiscent of a an expletive or some other word. expected colloquial use and are not used game and that this image could be However, the Board noted that in an aggressive manner the Board will attractive to children. the use of the word FOX is part of usually determine that the language is an advertising campaign whereby not inappropriate and does not breach The Board noted that the advertisement the word FOX is a reference to the code. Recent examples include the appears primarily in publications women to “find their inner fox”. use of ‘friggin awesome’ (0338/10) and targeted to adults but that many of The Board noted that the advertiser ‘bugger’ (0364/10). these publications would be available had been sensitive to the possible to children in the home. The Board misinterpretation of the word FOX considered that the advertisement’s and another commonly used expletive, depiction of a person in a fridge is a and in this regard had not broadcast depiction that is contrary to prevailing the advertisement on radio.’ community standards of safety. On this basis the Board determined that the advertisement breached section 2.6 of the Code and upheld the complaint.’
Similarly, depicting unsafe practices with electricity (Foxtel 0481/10) and a man trying to obtain chocolate from a vending machine (NRMA 256/10) were considered to be depictions of behaviour that is unsafe and had complaints upheld.
Fernwood – case number 15/10 (complaints dismissed
30 Review of Operations 2010 “Other” issues In an advertisement from NRMA In the interests of the self-regulation (256/10) where complainants were system and so that complainants are concerned about the depiction of a not left without an entity to consider football player shaking a chocolate their complaints, matters raised that vending machine, the Board upheld are not strictly within Section 2, but complaints in relation to unsafe behavior, are unable to be referred to any other but ruled out the suggestion of theft. regulatory or self-regulatory body, are The Board considered that there was no often considered by the Board. This type suggestion that the player had not paid of matter may include complaints about for one of the products and that there the content of an advertisement which was not necessarily a suggestion of theft. include depictions of cruelty to animals, The Board did however consider that scenes or images which cause alarm and the depiction of the person shaking the distress, issues raised about social values, machine was a depiction of an activity discrimination on grounds of occupation, that could cause harm. The Board also and environmental concerns. considered that the use of a popular personality to depict this behaviour During 2010 this category saw complaints condoned the behaviour. about ads which caused alarm and distress, or included activities which were Alarm and distress caused by issues or Acknowledging that advertisers cannot considered to not be socially acceptable. images in advertisements are often of reasonably be expected to remove all concern to the community. In 2010, the content that might trigger individual The issue of stealing raised concerns Board considered several cases where phobias, the Board determined that in within community. alarm and distress were the main cause this instance, the advertisement did not of concern. depict any material that was in breach A television advertisement from of prevailing community standards. Toyota (227/10) featured a truck loaded Complaints about an NRMA internet with cars being stolen after the driver advertisement (176/10) which featured A community awareness television stopped to check on a puppy he saw a spider were dismissed by the Board advertisement from the Heart on a remote country road. In this case on the grounds that the depiction of Foundation (273/10) also caused alarm the Board noted concerns that the a spider is not, of itself, a depiction of and distress for some viewers. In this advertisement promoted theft, but material that contravenes prevailing advertisement a man on a hospital dismissed complaints. It considered that community standards. The Board noted gurney makes a wish that he could the advertisement was an exaggerated the depiction of the spider, which have his heart attack again. The Board and unrealistic depiction of the lengths was clearly not real, and agreed that noted that the images presented in the that some people will go to, but agreed people with arachnophobia might find advertisement, particularly that of a man that the advertisement did not condone the advertisement distressing, but the who has just died from a heart attack, or promote theft advertisement was unlikely to cause were confronting and agreed that the distress for others. advertisement would be distressing to some viewers particularly those who have been touched by heart disease. In dismissing complaints the Board noted the important public health message underlying the images used and that such messages justify impactful advertising.
Review of Operations 2010 31 McDonald’s playground – case number 430/10 (complaints dismissed)
Food and Beverage Advertising to Children – Industry Initiatives In August 2008 and January 2009 the Advertising Standards Bureau commenced administering complaint resolutions under the Quick Service Restaurant and AFGC RCMI respectively.
In 2010 there was an increase in the number of complaints under these Initiatives about food and beverage advertisements. It is important to note the scope and intention of these Initiatives and of the AANA Codes which also regulate food and beverage advertising. These Codes and Initiative do not purport to stop all advertising of food and beverages to children. The most referenced provision in the • Advertising products that do not Initiative is the requirement that where meet the criteria for a ‘healthier The Quick Service Restaurant Initiative a company is advertising to children choice’ in family programs that The QSR Initiative obliges signatories to then either: children may view is not prohibited ensure that only food and beverages that 1. The product advertised must represent by the Initiative provided that the represent healthier choices are promoted healthier choices OR advertisement itself is not primarily directly to children and to ensure parents 2. The dvertisementa must represent directed to children (400/10, 430/10, or guardians can make informed product a healthy lifestyle, designed to 431/10, 423/10, 495/10, 498/10, 499/10) choices for their children. The initiative appeal to the intended audience • A product advertised directly to applies to advertising to children under through messaging that encourages children MUST meet the criteria for 14. Under this Initiative the Advertising (1) healthier choices…and being a ‘healthier choice’ (32/10) Standards Board (the Board) must (2) physical activity. • The non-food component of a determine whether an advertisement ‘kids meal’ package will generally be complained about is ‘advertising or For Quick Service restaurants the Board considered not to be a premium as marketing communications to children. considered complaints against a number the product purchased is the package of cases. Breaches of the Initiative were of food and non-food products – the That is: is the advertisement, having found in 4 cases. toy is not something which is offered regard to the theme, visuals and language ‘free or at a reduced price with the used, directed primarily to children and Key issues to be drawn from cases purchase of a regular children’s food is it for food and/or beverage products.’ considered by the Board during 2010 are: or beverage product’ (32/10) • The QSR only applies where the • Advertisers must not use popular advertisement itself is, considering personalities or licensed characters the theme, visuals and language in advertising products that do not used, directed primarily to children represent a ‘healthier choice’ (32/10) (495/10; 431/10; 430/10) • Advertisements to children for ‘healthier choice’ products should avoid including products which would not meet the ‘healthier choice’ criteria as background or incidental shots (224/10)
32 Review of Operations 2010 • Children’s ‘tween’ magazines such as K zone and Totally Girl are directed to children and any advertisements in those magazines will be considered to be advertising to children (427/10, 428/10); • A reference to a group of products, for Media is defined as: ‘Media means For food and grocery products the Board example ‘Kidz Mealz’ (where there are television, radio, print, cinema and considered complaints against a number a range of meals described as ‘Kidz third-party internet sites where the of cases (0195/10, 0204/10, 0363/10, Mealz’) is considered a reference audience is predominantly children and/ 0407/10, 0408/10, 0409/10 and 0414/10, to all products of that description. or having regard to the theme, visuals, 0429/10, 0438/10, 0443/10, 493/10, 514/10, All products of that description and language used are directed primarily 482/10). Breaches of the Initiative were must meet the requirements of the to children. found in 4 cases. Initiative (427/10, 428/10); • If a product advertised does not During 2010 the AFGC amended Key issues to be drawn from these represent a healthier choice the the Guideline to the AFGC RCMI cases are: advertisement must clearly depict Initiative which provided that advertising • Advertisers, media buyers and a healthy lifestyle that encourages or marketing communication activities broadcasters must ensure that healthier choices and physical activity are captured under the AFGC RCMI advertisements for products that do (427/10, 428/10); Initiative if: not meet Principle 1 of the Initiative • When advertising directly to 1. the audience of the communication are not broadcast in programmes that children, it is important to consider activity is predominantly children have predominantly child audiences whether a child will understand (under 12); or are primarily directed to children the advertisement to be for a food 2. the media in which the (408/10, 0409/10, 482/10, ), product (in which case the QSR communication activity appears is • Programmes that have been requirements will apply) or for a clearly directed primarily to children determined not to have a non food product or service – the (under 12) predominantly child audiences or not advertiser’s intention is not the test 3. the communication activities are, to be directed primarily to children (523/10). regardless of the audience, clearly include Junior Masterchef, The directed primarily to children under 12. Simpsons, Home and Away, The X The Australian Food and Grocery Factor (0429/10, 0438/10, 0443/10) Council Initiative The most referenced provision in the • Particular care should be taken with The AFGC Initiative obliges signatories Initiative is the requirement that where a kids and family movies as many of to limit marketing communications company is advertising to children then: these may not have predominantly to children under 12 only when it will 1. The product must represent healthy child audiences but might be further the goal of promoting healthy dietary choices, consistent with considered by the Board to be dietary choices and healthy lifestyles. established scientific or Australia ‘primarily directed to children’: eg: The initiative applies to advertising to government standards. AND Robots, The Shaggy Dog (0407/10) children under 12. Under this Initiative 2. The dvertisinga or marketing • Not every advertisement with the Board must determine whether communications must reference or be child actors, bright colours and an advertisement complained about is in the context of a healthy lifestyle, catchy music will be considered to advertised to children under 12 in media. designed to appeal to the intended be directed primarily to child, but audience through messaging that caution should be exercised in their encourages (a) good dietary habits, placement (0407/10, 0429/10) consistent with established scientific • The Initiative does not apply to or government criteria and (b) advertiser own websites or microsites physical activity. (0414/10)
Review of Operations 2010 33 AANA Food and Beverages In the Eagle Boys case (78/10) the Board AANA Code for Advertising Advertising and Marketing had to consider whether sweeping fresh and Marketing Communications Communications Code ingredients out of the way in preference to Children In addition to the Initiatives the ASB for a take-away pizza undermined the The provisions of the Children’s Code administers the AANA Food and promotion of healthy balanced diets. and Part 3 of the Food Code apply only Beverages Code (the Food Code) In this case the Board: to advertising which is directed primarily The Food Code has provisions around The Board noted the complainant’s to children (taking into account the advertising food and beverages generally. concern that the advertisement is theme, visuals, and language used in the Part 3 of this Code has specific restrictions inappropriate because it depicts advertisement) and which is for products around advertising food and beverages wastage of food and suggests that that are targeted towards or of principal to children. Key issues to be drawn from take away food is preferable to food appeal to children. cases under the Food Code are: made at home. The Board noted • In the Board’s view, while there are that the advertisement depicts a Of recent interest from Board decisions rules about HOW particular foods family sweeping pizza ingredients regarding advertising food to children is: and beverages are advertised, there is from a table to the floor. The Board • The non-food component of a not a community standard that treat considered that the advertisement’s product which has both food and foods cannot be advertised at all nor is depiction is a one-off, with no non-food components will generally there a community standard that food suggestion that the family regularly be considered not to be a premium as should not be sold in conjunction replaces home prepared food with the product purchased is the product with toys or other merchandise take-away. The Board considered as a whole – the toy is not something (0443/10) that this depiction is clearly meant which is offered ‘free or at a reduced • Promotions which may require to be humorous and that it does not price with the purchase of a regular multiple purchases must be advertised undermine the promotion of healthy children’s food or beverage product’ with care to avoid suggestions that balanced diets. The Board determined (0443/10). the advertisement promotes excess that the advertisement does not • The determination of whether a consumption (75/10, 0438/10) breach section 2.2 of the Food Code. product is of principal appeal to children is a decision to be made by The truth of claims and statements made the Board and is based on community in food advertisements is an issue that standards. Advertisers should take the Board can consider under section particular care in advertising products 2.2 of the Food Code. During 2010 a that may be of appeal to both children number of complaints were received and adults but could be seen to be of about claims made in relation to a variety principal appeal to children (0429/10, of Energy Drinks (104/10, 33/10, 137/10). 414/10, 407/10) Unilever Paddlepop – case number 75/10 Complaints were dismissed on the basis (complaints dismissed) that the ‘claims’ made on the websites of Section 2.5 of the Code requires that these companies were general. advertising to children does not ‘portray images or events which depict unsafe uses of a product or unsafe situations which may encourage children to engage in dangerous activities...’ Complaints about an advertisement for a lolly raised this issue. In the advertisement Sweetmans (393/10) the Board: ‘… noted that the advertisement is a cartoon style depiction of a fairy tale setting and that two children
34 Review of Operations 2010 are invited in to a Theme Park by a Cars – (Section 2.7, AANA Code character called Wacky. The Board of Ethics and Federal Chamber noted the complainant’s concerns that of Automotive Industries Code this goes against parents teachings to of Practice for Advertising of their children about stranger danger. Motor Vehicles) Under the advertising self-regulation The Board considered that the system the community can raise theme of the advertisement was concerns about the driving shown in clearly a fantasy style and that all advertisements for vehicles as well as the characters featured were cartoon. non-safety related issues in vehicle The Board noted the advertiser’s advertisements (eg: issues related to sex, response that the character ‘Wacky’ is violence etc). a well established face of the product, however the Board considered that Although there were not a high number not all viewers would know this. The of complaints about motor vehicle Board considered that as the cartoon advertisements, the issues raised under children are magically transported the cases produced some important to the scene through the cinema interpretation principles, in particular that: screen this clearly indicates that this • regardless of where a car is depicted is not a real situation, and that the driving, the Board must consider advertisement is not suggesting that whether the driving depicted would children take sweets from strangers. be unsafe if it were on a road or road- The Board determined that this related area. advertisement did not breach section • the Board will give a broad Lexus – case number 452/10 (complaints dismissed) 2.5 of the Children’s code. interpretation to driving practices or other actions under section 2(c) and Sexualisation of children is an issue then consider whether the driving which raises a small number of practice or other action would breach complaints to the Board. In Waves the law in the jurisdiction in which (333/10) the Board determined that an the advertisement is broadcast. image of two children kissing did breach • advertisers must be aware of the the Children’s Code. Specifically: need to meet the intent and spirit The Board considered that, of the FCAI Code as expressed in although the faces of the children the Explanatory Notes, not just the are obscured, the image of children substantive provisions. is clear. The Board considered that the advertisement inappropriately In August 2010, the ASB prepared a depicted children in a sexualised or fact sheet to FCAI, for distribution to As well as complaints under the FCAI sexually suggestive pose…. The Board FCAI members. The objective was to code, complaints were also made that three noted that there is a measureable and provide FCAI members with current motor vehicle advertisements contained not insignificant readership which information about the Board’s approach content that may breach the broad is 14 years and younger. The Board to determinations it makes under the provisions of the AANA Code of Ethics. considered that the advertisement FCAI Advertising Code. breached section 2.4 of the Children’s Complaints about one motor vehicle Code by including sexual imagery During 2010 there were complaints advertisement raised issues under the in contravention of prevailing about 15 car advertisements which raised AANA Environmental Claims in community standards. issues related to the FCAI Code. Advertising and Marketing Code.
Review of Operations 2010 35 The issues raised by complainants about Explanatory Notes AANA Environmental Claims in motor vehicle advertisements mainly Two recent cases (215/10 and 298/10) Advertising and Marketing Code related to: highlighted the issue of advertisements The ASB commenced administering • driving practices that would breach making references to the acceleration or complaints under the Code on 1 January the law; speed capabilities of a vehicle contrary 2010 and during 2010 considered • excessive speed; and to the direction contained in the one complaint under the new • unsafe driving. Explanatory Notes to the FCAI Code. Environmental Code. The Board expressed concern (echoed by Of the advertisements considered under the Independent Reviewer in case 215/10) he complaint concerned representations the FCAI Code during 2010, complaints that advice contained in the Explanatory made about a Nissan X-Trail which were upheld in relation to one case and Notes could be disregarded without any included comments that the vehicle dismissed in relation to 14 separate cases. breach of the substantive provisions of contributes ‘low emissions’ and is the FCAI Code. Advertisers should take advertised under an EcoFocus banner Three motor vehicle advertising cases care to ensure that use of references to suggesting that it is an environmentally were further considered through the acceleration capabilities must not give friendly vehicle. Independent Reviewer process in 2010. rise to an overall impression of unsafe driving, speed in excess of speed limits, or Under the Environmental Code the In Case 182/10, the Board originally unsafe driving practices. Board must consider whether there is dismissed the complaints about the an ‘environmental claim’ and in this case advertisement. A complainant sought a Code of Ethics issues it determined that: the use of the term review of the Decision. The Independent Complaints were also made that four ‘low emissions’ and, in the context of the Reviewer accepted the request for advertisements raised issues under the advertisement, reference to ‘excellent fuel review of the case, accepting that there broader advertiser codes of Practice. economy’ were both environmental claims. were valid grounds to seek a review. The While three were dismissed, one, Independent Reviewer found that there Mitsubishi (72/10), was upheld on the The Board determined that ‘on the was a flaw in the Board’s process relating basis that the advertisement depicted basis of general community attitudes to the Board’s initial interpretation that people in a boat not wearing lifejackets. (supported by information such as that the use of fog lights was not a “driving The Board noted that under Victorian available on www.greenvehicleguide.gov. practice” under Section 2(c) of the law (the state in which the advertisement au) provided a vehicle actually does have FCAI Code. The Independent Reviewer was shown) it is a requirement that all good fuel economy and low emissions, recommended that the Board reconsider people in a moving vessel wear a life it is not misleading to suggest a positive its decision. The Board re-considered the jack and determined that failure to effect on the environment.’ The Board advertisement, noting the revised FCAI depict this in an advertisement is breach also noted that the vehicle does have low Practice Note. On re-consideration of the of prevailing community standards on emissions compared to other vehicles case, the Board dismissed the complaint. safety and therefore a breach of section in its class (supported by evidence from 2.6 of the Code. www.greenvehicleguide.gov.au). Following this case however it is now clear that the Board must consider the use There were diverse views on the Board of fog lights as a ‘driving practice or other about whether the use of the EcoFocus action’ under section 2(c). Having decided logo in this advertisement complied with that something is a ‘driving practice or the Code’s requirement that ‘the use of action’ the Board considers the entire any symbol or logo must be explained scenario depicted in the advertisement unless the symbol is required by law…’. to determine whether the vehicle’s use The majority of the Board determined of fog lights would be likely to breach the that the information provided complied relevant traffic laws in considering the with the Code. application of section 2(c).
36 Review of Operations 2010 Board Members
Tanveer Ahmed The Hon John Brown ao Sibylla Budd Appointed August 2006 Appointed May 1998 Appointed August 2006
Tanveer Ahmed is a psychiatrist and Former Federal Tourism Minister Sibylla Budd grew up in Canberra and opinion columnist at the Sydney John Brown was a member of the moved to Melbourne to study acting at the Morning Herald. He works a Commonwealth Parliament for 13 years. Victorian College of the Arts, where she combination of private practice in graduated with a degree in dramatic art. western Sydney and rural work in John has been awarded the Olympic Tamworth. He is also a Governor of the Silver Order of Merit and Australian Since then, Sibylla has shot to prominence Smith Family. He is a former national Institute of Marketing Gold Medal. with her role in the Australian drama, The represenative for junior doctors within He was elected a Life Member of the Secret Life of Us, and Australian feature the Australian Medical Association and a Australian Institute of Sport and is a film The Bank. Her other television work former SBS TV journalist. He was born member of the President’s Council of the has included roles in The Farm, All Saints, in Bangladesh and raised in Sydney from Surf Lifesaving Association. He is also Something In The Air, Kath and Kim, Sea the age of five. the Emeritus Chairman of Spinesafe and Patrol and Canal Road. the Transport and Tourism Forum. Sibylla’s film credits include September, Born and bred in Concord in The Bank, The Book of Revelation and Sydney, John has five adult children The Bet, for which she was nominated for and 13 grandchildren. Patron and an AFI award for best supporting actress Chairman of the Sport & Tourism in 2007. Sibylla has also worked solidly Youth Foundation and The Australian in theatre with the Melbourne Theatre newspapers Joint Australian of the Year Company, Company B (Belvoir street with Paul Hogan in 1987. theatre), The Griffin and Newtheatricals.
Review of Operations 2010 37 Joanna Cohen Barbara David Khoa Do Inaugural Member Appointed 1997 Appointed August 2008 Appointed August 2006
Joanna Cohen is the editor of film Barbara David has broad experience with Khoa Do has been working in film and reviewing website, Rotten Tomatoes and both young and mature-age Australians. theatre for the last 12 years. the Marketing Manager for three Fox Her career has included time spent as Interactive Media websites. a high school music teacher as well as a Over the years, he has been nominated lecturer and researcher in social and child for AFI Awards, IF Awards, Film For many years Joanna worked in psychology at the Australian National Critics’ Circle Awards, and has won marketing and communication at the University. many international awards including University of Sydney and, reflecting most recently prizes at the Orlando Film her diverse talents, has also managed Barbara has retired from lecturing and is Festival, Canada International Film a Sydney rock band, run a small film currently reliving the student experience, Festival and Vietnamese International festival and worked as a freelance writer. undertaking a TAFE Diploma in Visual Film Festival. Arts. She was awarded Arts and Media Joanna has a Bachelor of Arts in Student of the Year in 2007. His most recent film is Australia’s first Communications and a Master of Arts African feature film, a romantic drama in English Literature. Barbara’s passion for informed which world premieres at the 2011 investigation of social issues continues Melbourne International Film Festival. Joanna has lived most of her life in the in her ongoing supervision of PhD Currently, he’s writing a mini-series for inner western suburbs of Sydney but students. Their research covers topics FremantleMedia, a play for Belvoir St spent some of her childhood in the such as the role of modeling (imitation) Theatre and a book with his brother. central west of New South Wales, and in children’s gendered behaviour, and the has also lived and worked in London. part played by perceptions of capability Khoa Do was born in Vietnam and in the perpetuation of inequality in the came to Australia as a refugee when he workplace. was two years old. He has worked as a volunteer with Open Family Australia at Cabramatta in Sydney, assisting at-risk youths and was awarded Bankstown City’s Young Citizen of the Year Award in 2002. Khoa was also named Young Australian of the Year in 2005.
38 Review of Operations 2010 Ann Drummond Rachel Grant Thomas Keneally ao Appointed August 2006 Appointed August 2008 Inaugural Member Appointed 1997
Ann Drummond lived in Scotland and Rachel Grant grew up in Ballina, Thomas Keneally is a best-selling, Canada before moving to Australia in 1975. northern New South Wales, before multi award-winning author, playwright, She now lives in St Kilda in Melbourne. moving to Brisbane to complete a scriptwriter, English professor and Ann has two grown-up stepchildren. Bachelor of Business Communications holder of a number of honorary at the Queensland University of doctorates. Tom has written more Ann has a degree in both theology and Technology. than 20 novels including The Chant of early childhood education. She is a Jimmy Blacksmith and Schindler’s Ark. retired Uniting minister but continues Since graduating with a major in public In 2009 Tom added to his vast stable her involvement as Chairperson of relations in 1990, she has worked for of novels with The People’s Train , as the Synod of Victoria and Tasmania a range of organisations in the energy, well as publishing a non-fiction work Sexual Misconduct Complaints ICT, financial and environmental sectors. Australians: Origins to Eureka. Committee and provides leadership in She currently works as a freelance the ‘Code of Ethics and Prevention of public relations consultant, with clients He was the inaugural chairman of the Sexual Misconduct’ workshops for the including Olex, Humes, Bunya to the Australian Republican Movement and Uniting Church’s Synod of Victoria Bay 2010 and Peaks to Points 2010. is now a director of the organisation. and Tasmania. She is also a member of the Victorian Ecumenical Professional Rachel has a keen interest in her local Tom spent his early years in country Standards Network. area and is committed to working to towns in northern New South Wales improve facilities and create a sense before moving to Sydney. He is Ann has extensive experience in the of community for her children. She is married with two children and several fields of early childhood education and currently a member of the Parents and grandchildren, and is widely-known as children’s services and is currently a Friends Committee at her son’s primary an obsessive rugby league fan. member of the Victorian Government’s school the parent committee at Church Suitability Panel. St Kindergarten and Preschool.
She has managed government Rachel lives in Ipswich with her husband programs which delivered services to and two young sons and is an avid reader the community for maternal and child when time permits. health, child care, youth development, and aged and community care. As Executive Director of the YWCA Melbourne she initiated programs for young women on issues of self-esteem, body image and the influence of the media.
Ann is a member of the Victorian Women’s Trust, the Friends of the St Kilda Botanical Gardens and is an active volunteer in the YWCA at the State, National and World levels.
Review of Operations 2010 39 Sophie Killen John Lee JaneMaree Maher Appointed August 2006 Appointed August 2006 Appointed August 2008
Sophie Killen is undertaking a Master of John Lee is the CEO of the Tourism JaneMaree Maher is Director of the Laws at the University of Melbourne and & Transport Forum - the national peak Centre for Women’s Studies and Gender works at the Australian Communications industry body. John has worked in senior Research, in the School of Political and and Media Authority. roles in both the public and private Social Inquiry, at Monash University sectors over the past two decades. in Melbourne. She has degrees in Law Previously Sophie worked as a research and Arts (Hons) from the University of fellow at the Centre for Media and John’s previous roles include Director Melbourne (1991) and gained her PhD in Communications Law where she General of the NSW Department of 1999 from La Trobe University. researched a paper on cross-border Premier and Cabinet, Department of tobacco advertising, promotion and Commerce, CEO of the NSW State JaneMaree’s research focuses on birthing, sponsorship in a joint project with the Transit Authority, Director-General pregnancy, women, family life and work. VicHealth Centre for Tobacco Control. of Transport (NSW) and Head of She is currently involved in research Sophie has also worked as a judicial Communications and Marketing at focused on how families manage working associate in the Federal Magistrates CityRail. He was a key member of the and caring. JaneMaree teaches media Court of Australia and as a casual team that successfully delivered transport and popular culture studies, focusing on academic in law and media studies at a for the Sydney 2000 Olympic Games. gender and power. number of universities. John has spent most of his life based JaneMaree has experience as a board For many years Sophie has been a singer in western Sydney where he has been member in girls’ education and in choirs including The Australian involved in numerous community and recently participated in the Victorian Voices, Canticum, The Melbourne charity projects. Government Centenary of Suffrage Chorale and most recently, the Sydney Reference Group, celebrating women’s Philharmonia choirs. In this capacity, John is married and his family includes right to vote. Sophie has participated in a number two daughters and a son. of festivals, concerts and educational She has three teenage daughters who workshops with children living in share her passion for the Essendon metropolitan and regional Australia. Football Club.
Born in Canberra, Sophie was raised in Brisbane, spent some time in Melbourne and now lives in Sydney.
40 Review of Operations 2010 Paul McCarthy Paula McNamara Gary Rice Appointed August 2006 Appointed August 2008 Appointed August 2008
Paul McCarthy grew up in Queensland Growing up with parents in the Formerly Managing Director and CEO before moving to Sydney to work hospitality industry, Paula made her first of Seven Network Limited, Gary Rice for the Office of Film and Literature coffee at 15 and has worked in a variety had a career of nearly 30 years in the Classification in January 2003. of restaurants and cafes in Melbourne, television and radio industries. London and Sydney. Preferring to work in A career public servant, Paul has worked cafes Paula loves the sense of community Before taking on the role at Seven, he in human services policy (health, and familiarity that builds up over time was Managing Director and CEO of disability, education, community services) between the regular customers and staff. the Australian Radio Network (formerly arts policy, liquor and gaming policy, ‘In a big city that can be quite anonymous, Wesgo Limited) and before that he censorship policy and media regulation, cafes can be a small haven.’ was Managing Director and CEO of and privacy and complaints handling. Network Ten. Gary was with the Nine His work for Commonwealth, State Paula is also involved in her daughter’s Network for several years in both Sydney and local governments has included school community and sports club, which and Melbourne which culminated in consulting with industry and the keeps her involved in the community as him becoming Managing Director of the community on a range of projects. well as busy while she isn’t studying. Network. He began his television career While at the Office of Film and in Ballarat. Literature he advised on the statutory Paula is completing her Arts Degree at framework for the application of Sydney University, majoring in English In a move away from television Gary community standards to films, computer Literature and has a strong interest became involved in the hospitality games and publications. in theatre, film and television. ‘Time industry. He has had continued success constraints have made television my with accommodation complexes Paul’s first professional job was as a child main form of entertainment and I love in Mooloolaba and now Noosa on guidance therapist in a child psychiatry documentaries, particularly stories about Queensland’s Sunshine Coast , where clinic and he has been a member of real people and the challenges life throws his family-owned company, Oceans the Speech Pathologists Board of our way.’ Queensland Pty Ltd is based. Queensland. Gary is also active in the tourism Paul is a vegetarian with interests in industry and has been a judge for the spiritism, holistic health, fitness, and the Queensland Tourism Awards. arts, particularly film. Gary has completed the Program for Management Development at Harvard Business School, is a Fellow of the Advertising Institute of Australia and an Associate of the Australian Marketing Institute.
Review of Operations 2010 41 Graham Rixon Natasha Stott Despoja Josephine Tiddy Appointed August 2008 Appointed August 2008 Appointed August 2006
Graham Rixon is currently engaged Natasha Stott Despoja is a former Dr Josephine Tiddy is the Managing in part-time educational consultancy Senator for South Australia (1995-2008) Director and Principal Consultant of work particularly in the areas of school and former Leader of the Australian JTCT, specialising in dispute resolution registration, middle schooling, technology Democrats. and organisational wellness. She has in education and strategic planning. worked with people since her early years She is the youngest woman to enter the as a nurse, establishing and managing He stepped down as Principal of Penrhos Australian Federal Parliament. the first Australian Nurse Counselling College, Perth, Western Australia at the Service at the South Australian Women’s end of 2007 - a position he held since She held the positions of Australian and Children’s Hospital. September 1986. Democrats’ Leader and Deputy Leader and is the longest serving Democrat As Commissioner for Equal Graham is a passionate educator and has Senator in the party’s history. Opportunity, Josephine managed and worked on a number of state and national promoted controversial and complex committees aiming to improve the Natasha has made a contribution to a legislative and social changes throughout quality of education in both government wide range of policy debates including South Australia and nationally – and non-government schools. as a spokesperson on higher education, changes which have been accepted as science and biotechnology, Attorney- common practice and integrated into Graham is the Chairman of the Amanda General’s, privacy, women, work and the Australian community. She held the Young Meningococcal Septicemia family. During her political career she post for 16 years, making her Australia’s Foundation - a non-profit organisation also introduced Private Member’s Bills longest serving Equal Opportunity working in the area of community on issues including paid maternity leave, Commissioner. awareness, survivor and carer support and the Republic, genetic privacy and stem offering grants for research to develop a cells, and captioning. An expert in discrimination law, she Meningococcal Type B vaccine. has an in depth knowledge of the Natasha is an Honorary Visiting Research disadvantages people experience and Graham grew up in Melbourne where, Fellow at The University of Adelaide. the services they require. Josephine has along with his career in education, he was She writes a column for The Adelaide written widely on equality, fair treatment active with Lifeline and his local Uniting Advertiser and The Business Spectator. and discrimination. She was awarded an Church. He moved to Perth in 1986 with honorary doctorate by Flinders University his wife, Meredith and two children. She is a Director of beyondblue, the Burnet in recognition of her contribution to Graham and Meredith share interests in Institute, the South Australian Museum administrative law, public policy, dispute travel, reading, cycling and kayaking. and the Museum of Australian Democracy. resolution and legislative reform.
She is studying a PhD at The University Josephine is a Justice of the Peace, a of Adelaide. member of The Rotary Club of Adelaide and a Fellow of the Australian Institute Natasha lives in Adelaide with husband of Company Directors and serves on Ian and their two children Conrad and various boards and statutory committees. Cordelia.
42 Review of Operations 2010 Craig White Helen Wicks Appointed August 2008 Appointed 2006
Craig has served as a Queensland police Helen Wicks is a full-time mother of officer for almost 20 years. three children who has a long association with community organisations in He has been awarded both the National professional and volunteer capacities. Service Medal for 15 years Police Service and the Queensland Police Service Helen has been a member of the Medal for good conduct. Australian Breastfeeding Association since 1998. In 2005, she qualified as a Craig has served throughout Queensland volunteer breastfeeding counselor and including 10 years working in remote now conducts information sessions and communities in Far Northern and discussion groups for new mothers at Central Western Queensland. a local level as well as providing her During that time he was involved in expertise on the national Breastfeeding implementing a number of publicly Helpline. She works at a national level funded projects aimed at reducing coordinating Breastfeeding Welcome substance abuse and domestic violence. Here venue registrations.
As well as being a serving member on Helen began volunteering in various numerous boards and committees, Craig roles at her children’s playgroup and is a is currently involved in a number of past president of Playgroup NSW. community organisations. He holds a Masters Degree in Business, Graduate Helen also has an active role in her Diploma in Human Resources and a church and school communities Diploma in Public Safety (Policing). including Parent and Friend Committees and Children’s Liturgy. Craig is married and has three children and enjoys spending spare time with Helen lives in Armidale, NSW with her his family. husband Dale and her children.
Review of Operations 2010 43 The Advertising Claims Board
The Advertising Claims Board is one Complaints received by the Claims Advertising Claims Board of the ASB’s two Boards. The ACB is Board are considered by a panel of cases – 2010 a purpose-built alternative to expensive qualified legal advisors. A panel consists litigation. It is a system of alternative of a minimum of three practitioners During 2010 the Claims Board resolved dispute resolution directed to addressing nominated by the ASB from its Register one matter. and resolving challenges to advertising of Legal Practitioners. The practitioners that might otherwise lead to litigation. on this register have certified to the Fonterra Brands (Australia) Pty Ltd ASB that they have experience and v Goodman Fielder Consumer Foods The Claims Board considers expertise in the area of advertising and/ Pty Ltd complaints which breach Part 1 of the or trade practices law and that they hold AANA Code of Ethics. This includes a current practicing certificate. They must This complaint was about two complaints about: also certify that they have no conflict of advertisements which appeared on • the legality of an advertisement interest in the particular matter. television (described as the “Animated • misleading or deceptive TVC” and the “Cardiologist TVC”). advertisements Usage of the Claims Board by industry • advertisements which contain is quite low. Since 1998 there have been The complainant alleged that the misrepresentations likely to harm 11 cases considered by the Board. The cost advertisements contravened clause 3 a business of the Claims Board process is relatively of the Food Standards Code (FSC) • misleading country-of-origin claims. inexpensive compared with litigation – 1.1A.2 (Transitional Standard – Health a ballpark cost of a claims Board matter Claims) and therefore the relevant Food The benefits of the Claims Board is in the vicinity of $25,000. Claims Act of each State; and as a consequence and its system of alternative dispute Board matters are also faster to resolve breached section 1.1 of the AANA Code resolution are that: than litigation – with the average matter of Ethics. • the process is concluded in a timely taking about 10 weeks from receipt of manner (the Claims Board must complaint to determination of the Board. Under the transitional standard 1.1A.2, make a determination within 15 the FSC prohibits most “health claims” business days of the receipt of final Despite the relatively low use of the on packaging labels and in advertising submissions from the complainant Claims Board, the Bureau will continue for food. and advertiser complained about) to work to raise the profile of the Claims • the process is less costly than Board and ensure that advertisers are The relevant Food Acts of each State litigation, with the only cost being aware that this unique form of alternative prohibit selling or advertising of food fees for the members sitting on the dispute resolution is available. in a manner contrary to the FSC. Claims Board panel and legal and administration fees of the ASB Section 1.1 of the Code of Ethics provides: • the parties have the option of Advertising or Marketing proceeding to usual dispute resolution Communications shall comply with procedures if desired. Commonwealth law and the law of the relevant State or Territory.
44 Review of Operations 2010 The advertiser’s response to the involved both an opposition of a product The Claims Board also found both complaint was that: and a promotion of a product being, advertisements breached clause (a) the Cardiologist TVC is not respectively, butter and margarine spread. 3(c). In the Cardiologist TVC, the an “advertising or marketing Further, the Claims Board considered information presented by a cardiologist communication” under the Code the advice “switch to a margarine spread” was considered to be advice of a medical of Ethics; constituted an advertisement for food for nature, being that the reduction in (b) the Cardiologist TVC is not an the purposes of the FSC. saturated fats achieved through switching advertisement for “food” for the from butter to margarine will protect purpose of FSC 1.1A.2; In relation to the complaint that health your children’s cardiovascular health. (c) while the Animated TVC is conceded claims were made, contravening Clause In the Animated TVC, a reference to to be an advertising or marketing 3 of FSC 1.1A.2, the Claims Board “experts” was considered to imply that communication for food for the considered the express prohibitions in the advice is from medical experts and, purposes of the Code of Ethics and clauses 3(b), (c) and (d), which provide: in conjunction with the display of the FSC 1.1A.2, it does not contravene 3(b) Any label on or attached to Heart Foundation logo, made the advice clause 3 of FSC 1.1A.2. a package containing or an to switch from butter to Meadow Lea advertisement for a food shall not spread “advice of a medical nature” in The advertiser also challenged whether the include the word ‘health’ or any breach of clause 3(c). subject matter of the complaint fell within word or words of similar import as the jurisdiction of the Claims Board, a part of or in conjunction with the The Claims Board did not find any as defined in its procedural guidelines. name of the food; breach of clause 3(d). It considered that 3(c) Save where otherwise expressly the use of the Heart Foundation’s tick The Claims Board considered the prescribed by this Code, any label on and multiple references to saturated advertiser’s arguments about jurisdiction, or attached to a package containing fats flowing through arteries were not but concluded that it could properly or any advertisement for food shall sufficiently specific reference to a disease review the complaint for the following not contain any word, statement, or physiological condition so as to reasons: claim, express or implied, or design constitute a breach of the clause. • The complaint did not fall within that directly or by implication could the Claims Board’s general exclusion be interpreted as advice of a medical Since both advertisements were found for complaints requiring it to nature from any person; to have breached clauses 3(b) and (c) of resolve “highly technical issues”, 3(d) Save where otherwise expressly FSC 1.1A.2, the Claims Board also found as the complaint did not require prescribed by this Code, the the advertisements to be in breach of the Claims Board to assess the truth label on or attached to a package Section 1.1 of the Code of Ethics. or accuracy of the claims made in containing or any advertisement the advertisement; for food shall not contain the name The Claims Board determined that the • The Claims Board considered the of or a reference to any disease or advertisements should immediately complaint did not fall within the physiological condition. cease and be withdrawn. The advertiser general exclusion for complaints that provided a statement in response to the are “covered by a specific industry The Claims Board determined that both determination, questioning the Claims code”, as the FSC is not an “industry advertisements breached clause 3(b). Board’s jurisdiction in the matter as code” in the relevant context, but In the case of the Cardiologist TVC, discussed above. Following this, the rather is quasi-legislative. the Claims Board considered that the advertiser agreed to cease broadcasting use of the word “healthier” in relation to the advertisements. The Bureau also The Claims Board also rejected a food (margarine spread) constituted a advised the NSW Food Authority the advertiser’s argument that breach of the clause. Similarly, in the case of the decision, at the request of the the Cardiologist TVC was not of the Animated TVC, the use of the Claims Board. an advertisement for food for the word “health”, or a variant of that word purposes of either the Code of Ethics “healthier”, in relation to a comparison or FSC 1.1A.2. It concluded that this between Meadow Lea spread and butter, advertisement satisfied the Code of was found to constitute a breach of Ethics definition of an “advertising clause 3(b). or marketing communication”, as it
Review of Operations 2010 45 Independent Reviewer
Cases reviewed in 2010
Independent Reviewers
46 Review of Operations 2010 Cases reviewed in 2010
An independent review process for The dvertisera sought the review on the The complainant felt there was Advertising Standards Board (Board) grounds that new evidence had come to a substantial flaw in the Board’s decisions has been in place since light subsequent to the ruling and that determination in relation to breaches April 2008. there was a flaw in the Board process in of sections 2(a) or 2(c) of the Federal regard to the Codes. The new evidence Chamber of Automotive Industries’ During 2010, four cases were accepted and was that complaints were made as a result Advertising for Motor Vehicles reviewed by the Independent Reviewer. of a deliberate campaign which had the Voluntary Code of Practice (the FCAI aim of harming Crazy Domain’s business. Code). The complainant also provided In one case the Independent Reviewer additional ‘expert advice’ in support of recommended that the Advertising The Independent Reviewer accepted the review request. Standards Board review its initial the review on the basis that further determination. In the other three cases responses from original complainants The Independent Reviewer suggested the Independent Reviewer confirmed would show if they had been motivated that wherever possible complainants the initial determination made by the to complain out of malice. Of the 16 should submit all the evidence and Advertising Standards Board. original complainants, seven responded, material available to them at the time of rejecting the notion they had complained the original complaint and also suggested Crazy Domains out of malice. that the Board consider requesting the In the first review of 2010, Crazy Advertising Standards Bureau to make Domains requested a review of the Board In relation to a flaw in the process, this preference clear to any person desiring determination about its television and the Independent Reviewer noted the to complain and to require, on each Pay television advertisement featuring Board’s attention to detail in regard occasion when new or additional evidence Pamela Anderson (case numbers – 22/10 to the submissions made and in its is provided, an explanation of the reasons and 24/10). interpretation of the Code, finding that why the evidence was not provided at the the Board made no procedural error. time of the original complaint. The advertiser sought a review, disagreeing with the Board In this case the Independent Reviewer The Independent Reviewer said: determination that the advertisement recommended that the Board’s original “Clearly, when new or additional breached sections 2.1 and 2.3 of the decision to uphold complaints be evidence is provided at the time of a AANA Code of Ethics in that “members confirmed. request for review, there is potential of the community would regard for a recommendation to be made the storyline, style and tone of the Hyundai that the original decision be reviewed. advertisement to be light-hearted and An original complainant, the Pedestrian A better option, in my view, would pure fantasy” and that “the depiction of Council of Australia, requested a review be that, if reasonably available, all of the whole advertisement was completely of the Board’s determination to dismiss the relevant evidence be provided in over the top and ridiculous that ordinary a complaint about Hyundai’s television the first instance to the Board. This is viewers would not take it seriously that advertisement for its ix35 vehicle in more likely to lead to a decision that women are merely sexual objects”. which fog lights were used (case number is satisfactory, or acceptable, to all – 0182/10). parties and would avoid unnecessary cost and time delays.”
Review of Operations 2010 47 Diageo The Independent Reviewer accepted a request for review from an original complainant about an advertisement In the circumstances the Independent Lexus from Diageo Australia Ltd (case Reviewer found that the new evidence An original complainant requested number – 0467/10) for an alcohol could have significant bearing on the a review of the Board determination product. The review was accepted based original Determination of the Board about Lexus Australia advertisement for on the complainant’s argument that and by failing to consider the use of its LFA supercar in which a reference there had been a substantial flaw in the fog lights as a ‘driving practice or other is made to the speed capability of the Board’s determination – in particular its action’ there was a substantial flaw in the vehicle (case number – 0215/10). application of AANA Code of Ethics, Board’s decision. Section 2.2 (violence) and Section 2.6 In this case the Independent Reviewer (health and safety). In reconsidering the case the Board recommended that the Board’s original noted that the use of fog lights is a decision to dismiss complaints be The Independent Reviewer said the ‘driving practice or other action’ to which confirmed in that the Board did not Board considered a range of factors in section 2(c) of the FCAI Code applies. make an error in its determination, determining whether the advertisement In dismissing the complaint, the Board but that the case did highlight a complied with Section 2.2, and had noted that Australian road rules stipulate weakness in the FCAI Code. done so. According to the Independent that appropriate conditions for use of fog Reviewer’s assessment of the Board’s lights include atmospheric conditions The Independent Reviewer noted determination, the Board had also made that reduce or restrict visibility. The that, as pointed out by the Board in its a reasonable conclusion that Section 2.6 Board agreed that the advertisement determination, advice in the “Guidance was not contravened. did not breach the FCAI Code because to Advertisers” in the Explanatory Notes for the majority of the advertisement to the FCAI Code, exhorts advertisers, In this case the Independent Reviewer the car appears to be driven in conditions not to refer to the speed capability of the recommended that the Board’s original of reduced visibility and therefore the use vehicle being tested or proved, but that decision to dismiss complaints be of fog lights are appropriate. this advice was not in the Code itself confirmed, concluding there had been and the consequence of this was that the no substantial flaw in the Board’s advertisement did not breach the Code. determination in regard to its application of the provision of the Code.
Outline of requests for independent review
CASE INITIAL BOARD INDEPENDENT REVIEWER BOARD DETERMINATION DETERMINATION RECOMMENDATION ON REVIEW (if appropriate) Crazy Domains Complaints Upheld Initial Board determination confirmed (Pamela Anderson) February 2010 by Independent Reviewer April 2010 Case number – 22/10 & 24/10 Hyundai Complaints dismissed Independent Reviewer recommended Dismissed (ix35) May 2010 Board review its initial determination Case number – 182/10 July 2010 Lexus Complaints dismissed Initial Board determination confirmed (LFA Supercar) May 2010 by Independent Reviewer July 2010 Case number – 215/10 Diageo Australia Complaints dismissed Initial Board determination confirmed (Bundaberg Rum) November 2010 by Independent Reviewer December 2010 Case number – 467/10
48 Review of Operations 2010 Independent Reviewers
The Hon Deirdre O’Connor Michael Palmer, AO APM Independent Reviewer with the Independent Reviewer with the Advertising Standards Bureau Advertising Standards Bureau
The Advertising Standards Bureau appointed the Hon Deirdre The Advertising Standards Bureau appointed Michael John O’Connor as the first Independent Reviewer for the advertising (Mick) Palmer as an Independent Reviewer in 2009. Mick is a self‑regulation system in Australia in March 2008. lawyer, and an Honours graduate of the Queensland Barristers Admission Board. He was admitted to practice as a Barrister at Ms O’Connor is a lawyer who, in addition to many judicial Law in Queensland in 1982 and practised at the private bar during appointments since being admitted to the NSW Bar in 1980, 1982 and 1983 before returning to policing. was the first female appointed as a Justice of the Federal Court of Australia, President of the Administrative Appeals Tribunal A former Australian Federal Police Commissioner, Mick is a and President of the Australian Industrial Relations Commission. 33-year career police officer with extensive experience in police leadership and reform in community, national and international She lectured at Macquarie University before being admitted to policing. He served as Commissioner of the Northern Territory the NSW Bar in 1980 and joining the Law Reform Commission. Police, Fire and Emergency Services agency from 1988–1994 and was then appointed Commissioner of the Australian Federal Her other achievements and appointments include: Alternate Police (AFP), a position he held for 7 years until his retirement Chair, Parole Authority of New South Wales since 2004; in March 2001. Consultant, Communications and Administrative Law Procedures; Judge, Federal Court of Australia 1990–2002; Judicial Since retiring from policing in 2001 Mick has conducted a range Member, New South Wales Parole Board since 2003; President of inquiries and reviews for the federal and Australian State Administrative Appeals Tribunal 1999–2002 and 1990–94, Governments, both within Australia and overseas. He is currently Australian Industrial Relations Commission 1994–97, National contracted to the Australian Federal Government as the Inspector Native Title Tribunal 1993–94, Security Appeals Tribunal 1990–94; of Transport Security with a legislative mandate to conduct Commissioner, New South Wales Law Reform Commission inquiries into serious transport security matters and offshore 1983–85; Senior Lecturer in Law, Macquarie University 1975–78; security matters. Member of the Council of the University of Canberra 1992–95; Member of the Order of Australia Council 1990–96; Member In 1998, Mick was appointed Deputy Chair of the Australian of the Administrative Review Council 1990–94. National Council on Drugs. He was also appointed by the former Prime Minister to oversee an Inquiry into the Government’s handling of Cornelia Rau in 2005.
He received the Australian Police Medal and in 1998 and was admitted to the Order of Australia (AO) for his work in “advancing the professionalisation of policing through the introduction of far‑reaching anti-corruption processes and management practice reform.”
Review of Operations 2010 49 Statistics
Advertising complaints statistics
50 Review of Operations 2010 Advertising complaints statistics
Overall, the Board considered 491 advertisements in 2010. Complaints about 520 advertisements were received in 2010, with 29 withdrawn by advertisers before Board consideration.
This year’s figures provide a more detailed summary of the complaints Number of advertisements received, with information about considered and outcome consistently dismissed complaints, of complaints as well as a figure showing the number of complaints which were about In 2010, the Board considered 491 advertisements already considered. advertisements against which 2,053 complaints were received. A total of The number of complaints received 1,692 complaints against 442 ads were in 2010 by the Advertising Standards dismissed. There were 361 complaints Bureau totalled 3,526 – down slightly about the 49 advertisements which were from the previous two years, 3,796 found to breach the Code. Compared to complaints in 2009 and 3,596 complaints the total number of ads considered by A total of 92 complaints were analysed in 2008. The highest number of the Board, the number of ads found to via a newly implemented system for complaints received was 4,044 in 2006. breach the Code, equated to an upheld complaints which raise issues under rate of 9.42 per cent. the Code of Ethics that the Board has The 2010 figures show a decrease consistently considered not in breach in the number of complaints about On receiving advice that there had been of the Codes. advertisements which were found to a complaint, 29 advertisers withdrew breach the Codes as well as a decrease their advertisement before the Board If complaints about advertisements in the total number of advertisements determination – almost triple the were upheld by the Board, practically which were complained about. number of the previous two years. 100 per cent were removed from broadcast or publication or modified, Although the number of advertisements Statistics about the number of complaints one case is ongoing. The extremely high found to breach the Codes was lower about advertisements already considered level of compliance with Board decisions this year than in the previous two years, by the Board were captured for the demonstrates the advertising industry’s the percentage of advertisements found first time in 2010. Of the total 3,526 continuing support and understanding to breach the Code, weighed against the complaints received, 708 complaints were of its obligations and responsibilities total number of advertisements receiving in relation to advertisements previously of adherence to the AANA Code of complaints, was similar to previous years, considered by the Board, equating to Ethics and to the system of advertising at 10.24 per cent. 20.08 per cent of all complaints received. self‑regulation.
Review of Operations 2010 51 < 19; 1.80%
19–29; 15.62% Unspeci ed; 21.70% What age are complainants? The highest percentage of complainants are in the 40 to 54 year old age group accounting for just over 25 per cent of all complaints received. The age grouping from 30 to 39 account for 22.5 per cent > 65; 3.09% of complaints and the 19 to 29 age group accounting for almost 16 per cent. 30–39; 22.55% The lowest number of complaints are 55–65; 9.88% from people under 19 years of age. People over 55 years of age account for about 13 per cent of complaints. This is consistent with data since it was first collected in 2008.
40–54; 25.36%
NSW; 35.98%
NT; 0.37% Where are complaints coming from? TAS; 1.07% In terms of complainant demographics, ACT; 2.29% once again complaints were generally spread out nationally in proportion to WA; 6.81% each state’s population. As the most populous state, New South Wales topped the percentage of complaints received SA; 6.53% with 35.98 per cent (a decrease of less than one percent from 2009).
Queensland and Victoria had a slight increase in percentage of complaints. VIC; 24.22% Victoria increased by two per cent (from 18.38 per cent in 2009 to 22.73 per cent QLD; 22.73% in 2010), with Queensland increasing three per cent from 21.1 per cent in 2009 to 24.2 per cent in 2010.
Complaints received from South Australia and Western Australia equated to 13.35 per cent of the total. The combined percentage of complaints from Tasmania (1.07 per cent) and the Northern Territory (0.37 per cent) was slightly lower than the Australian Capital Territory total of 2.29 per cent.
52 Review of Operations 2010 100% Who is complaining? In 2010 the percentage of males and 90% females represented among complainants 80% changed slightly, with complaints from males at 29.9 per cent, the lowest 70% since 2001 when it was 28.6 per cent. 60% Complaints from females this year was 69.03 per cent, which is the highest 50% since data began to be collected in 1998. 40% The average since 1998 in the gender of complainants is 60.6 per cent female 30% and 30.4 per cent male complainants 20% and five per cent who do not provide that detail. 10%
0% 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
What do people complain about? AANA Envoronmental Code 0.04% The portrayal of sex, sexuality and nudity continued to be the dominant Quick Service Restaurant Resp Childrens 0.52% issue raised by complainants. In 2010. AFGC Resp Childrens Marketing Initiative 0.87% This issue accounted for 45 per cent of complaints, rising from 40 per cent AANA Food and Beverage Code 3.08% in 2009 and 25 per cent in 2008. The issue of discrimination and vilification AANA Section 2.4 / Advertising to Chilren Code 2.34% accounted for 19.5 per cent of complaints. Together these two issues comprised AANA Section 2.7 / FCAI Code 1.13% almost 65 per cent of all complaints made AANA Section 2.6 – Health and Safety 9.62% in 2010.
AANA Section 2.5 – Language 4.85% In 2010 the proportion of complaints about violence in advertising and Other 3.12% complaints about health and safety issues AANA Section 2.2 – Violence 9.62% both increased slightly to 9.62 per cent each, while the issue of language dropped AANA Section 2.1 – Discrimination or 19.58% again for the third consecutive year to 4.85 per cent. AANA Section 2.3 – Sex, sexuality and 45.23%
0.00% 10.00% 20.00% 30.00% 40.00% 50.00% Complaints relating to food and beverage code issues continued to rise slightly, reaching 3.08 per cent, with the AFGC and QSR food advertising initiatives totaling 1.4 per cent of all complaints.
Review of Operations 2010 53 Media attracting complaint Multiple Media 0.00% As with previous years, the majority of complaints (62.25 per cent) relate to advertisements shown on television, up Other 0.00% slightly on the previous year which had the second lowest percentage recorded for television since data collection began Cinema 0.43% in 1998.
The percentage of complaints about Transport 0.76% internet advertising (2.58 per cent in 2009) tripled to 7.55 per cent. A viral internet advertisement relating to road Mail 1.28% safety received the third highest number of complaints about any advertisement in 2010 which would account for Radio 1.66% some of the increase in percentage of complaints about internet advertising.
Poster*** 1.99% Statistics for outdoor advertising prior to 2010 captured all formats of outdoor displays, such as billboards Pay TV 2.42% and posters. In 2010 statistics for billboards and posters were captured separately. A comparison can be made Print 3.56% of the 2009 figure of 23.92 per cent of all complaints relating to outdoor with a combined aggregate of the billboard Internet 7.55% (9.69 per cent,) outdoor (8.40 per cent) poster (1.99 per cent) and complaints in 2010 which total 20.08 per cent of Outdoor 8.40% all complaints.
Print advertising complaints increased Billboard*** 9.69% noticeably from 1.92 per cent to 3.56 per cent as did mail advertising which rose from just 0.29 per cent in TV 62.25% 2009 to 1.28 percent in 2010. Complaints about radio advertising almost halved to 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 1.66 per cent as did complaints about Pay TV which dropped to 2.42 per cent in 2010 from a high of 5.61 per cent in 2009. The remainder of complaints for cinema and transport advertising were just over one per cent in total.
54 Review of Operations 2010 Misc; 9.8%
Food and Beverages; 21.92% Other; 2.88% Which products attract Telecommunications; 2.88% the most complaints? Food and beverage advertisements Entertainment; 2.88% continued to be the most‑complained Insurance; 3.27% about product category in 2010, being the subject of 21.9 per cent of all Finance/Investment; 3.46% complaints. Toiletries; 7.88% Health Products; 3.46% Advertisements for both toiletries and clothing received higher levels Leisure & Sport; 3.85% of complaint at over 7 per cent, while Clothing; 7.31% House goods/services; 4.42% complaints about community awareness issues, professional services, alcohol Vehicles; 4.81% and sex industry advertising all hovered Community Awareness; 5.58% Sex Industry; 5.00% around the 5 per cent range. Professional services; 5.38% Alcohol; 5.19%
Vehicle advertisement complaints remained steady at around five per cent, while complaints about finance and investment advertisements almost tripled from 1.3 per cent to 3.5 per cent.
87.76% Method of complaint 90.00% The number of people choosing to lodge their complaints through the 80.00% online complaints system has remained steady at 87.8 per cent. This rate of on 70.00% line lodgement was similar in 2009 at 60.00% 85.30 per cent and 87.07 per cent in 2008.
50.00% The ASB has invested significantly in creating a quick and easy-to-follow 40.00% complaint lodgement process on its website to reflect increasing internet use 30.00% throughout Australia.
20.00% Complaints will continue to be accepted 11.97% by post (11.97 per cent in 2010) and 10.00% fax (0.27 per cent). The rate of postal 0.27% complaints has dropped steadily each year 0.00% from more than 25 per cent in 2004. E-mail Post Fax
Review of Operations 2010 55 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
OUTCOME OF COMPLAINTS (No., by Complaint) Dismissed 927 1553 1971 1291 1191 1770 1349 1753 2648 1730 2263 2278 1692 Upheld 73 111 162 47 11 23 55 94 164 280 477 521 361 Withdrawn before board determination 0 0 0 0 16 113 236 139 20 15 57 56 53 Already considered advertisements * # 708 Consistently dismissed complaints * 92 Not proceeding to a case 382 401 425 367 354 714 656 970 1212 577 799 941 620 TOTAL 1,382 2,065 2,558 1,705 1,572 2,620 2,296 2,956 4,044 2,602 3,596 3,796 3,526 * Statistics not separately captured prior to 2010 # Prior to 2010, complaints about already considered complaints were aggregated with "Dismissed" complaints.
BOARD DETERMINATIONS (No., by Advertisement) Withdrawn before board determination 0 0 0 0 6 5 20 33 13 5 10 11 29 Upheld 5 11 8 6 3 4 8 14 28 36 62 81 49 Dismissed 262 434 384 363 291 401 337 344 488 405 477 503 442 TOTAL 267 445 392 369 300 410 365 391 529 446 549 595 520
AGE RANGE OF COMPLAINTS (%) < 19 2.25% 1.81% 1.80% 19–29 14.99% 15.81% 15.62% 30–39 23.11% 22.35% 22.55% 40–54 30.56% 28.34% 25.36% 55–65 11.15% 11.40% 9.88% > 65 3.28% 3.44% 3.09% Unspecified 14.66% 16.85% 21.70% TOTAL 100.00% 100.00% 100.00%
GEOGRAPHIC SOURCE OF COMPLAINTS (%) NSW 42.20% 39.10% 34.98% 32.94% 31.71% 37.73% 38.20% 32.68% 36.77% 35.63% 34.47% 36.77% 35.98% VIC 13.70% 13.60% 23.92% 23.62% 25.61% 24.75% 22.17% 21.19% 22.59% 20.18% 23.53% 21.16% 24.22% QLD 19.60% 20.20% 19.71% 16.47% 18.74% 15.86% 16.16% 24.60% 17.01% 19.79% 20.51% 18.38% 22.73% SA 11.20% 10.30% 7.87% 9.20% 7.77% 7.22% 7.10% 8.54% 10.08% 9.80% 9.24% 9.83% 6.53% WA 6.70% 11.80% 7.95% 12.43% 10.53% 7.68% 8.84% 7.98% 7.84% 9.80% 7.17% 9.63% 6.81% ACT 2.90% 2.80% 2.38% 2.23% 2.95% 4.40% 4.75% 2.47% 2.58% 2.50% 2.90% 2.16% 2.29% TAS 2.20% 1.70% 2.06% 2.17% 2.25% 1.52% 1.92% 1.84% 2.31% 1.54% 1.48% 1.62% 1.07% NT 1.50% 0.50% 1.09% 0.94% 0.39% 0.84% 0.83% 0.60% 0.84% 0.77% 0.70% 0.45% 0.37% Abroad 0.00% 0.00% 0.04% 0.00% 0.06% 0.00% 0.04% 0.10% 0.00% 0.00% 0.00% 0.00% 0.00% TOTAL 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
GENDER OF COMPLAINANTS (%) Couple 0.00% 0.00% 6.35% 4.87% 3.59% 2.30% 2.61% 2.10% 1.35% 0.92% 0.92% 0.82% 0.49% Unspecified 13.40% 15.20% 7.56% 6.86% 4.55% 2.83% 2.70% 2.13% 1.45% 1.08% 3.11% 4.29% 0.58% Male 23.20% 21.80% 25.24% 28.66% 34.76% 32.37% 37.63% 38.08% 36.75% 32.67% 36.93% 36.21% 29.90% Female 63.40% 63.00% 60.85% 59.61% 57.11% 62.50% 57.06% 57.69% 60.45% 65.33% 59.04% 58.68% 69.03% TOTAL 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
56 Review of Operations 2010 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
ISSUES ATTRACTING COMPLAINT (%) AANA Section 2.3 – Sex, sexuality and nudity 26.49% 22.23% 37.91% 25.61% 40.54% 45.23% AANA Section 2.1 – Discrimination or vilification 27.13% 23.25% 28.05% 22.76% 16.31% 19.58% AANA Section 2.2 – Violence 17.38% 18.01% 8.42% 17.67% 7.93% 9.62% Other 14.59% 14.69% 4.86% 15.84% 17.04% 3.12% AANA Section 2.5 – Language 4.36% 7.55% 1.68% 7.24% 5.35% 4.85% AANA Section 2.6 – Health and Safety 6.46% 9.70% 10.85% 6.04% 8.38% 9.62% AANA Section 2.7 / FCAI Code 3.38% 1.84% 4.91% 3.09% 1.19% 1.13% AANA Section 2.4 / Advertising to Children Code 0.20% 2.73% 2.95% 0.49% 0.63% 2.34% AANA Food and Beverage Code 0.00% 0.00% 0.37% 1.26% 2.47% 3.08% AFGC Resp Childrens Marketing Initiative 0.00% 0.00% 0.00% 0.00% 0.00% 0.87% Quick Service Restaurant Resp Childrens Marketing Initiative 0.00% 0.00% 0.00% 0.00% 0.16% 0.52% AANA Environmental Code 0.00% 0.00% 0.00% 0.00% 0.00% 0.04% TOTAL 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
REASON COMPLAINTS FELL OUTSIDE CHARTER (No.)## Not an advertisement – Community service announcements 35 61 15 67 99 ## Not an advertisement – Direct distribution to an individual 11 5 1 1 4 ## Not an advertisement – Direct mail 19 11 3 4 2 ## Not an advertisement – Informercial 1 1 0 0 4 ## Not an advertisement – Internet 30 39 11 9 27 ## Not an advertisement – Label directions 2 5 1 7 13 ## Not an advertisement – Local advertising 30 14 21 16 28 ## Not an advertisement – Loudness of ads 71 12 11 8 11 ## Not an advertisement – Other 21 48 44 46 11 ## Not an advertisement – Point of sale 27 29 28 16 15 ## Not an advertisement – Product name or logo 5 5 0 3 9 ## Not an advertisement – Product or service 29 92 58 84 126 ## Not an advertisement – Program content or programming 73 126 13 15 27 ## Not an advertisement – TV and radio promotional material 144 186 28 18 35 ## Other – Dissatisfied 0 0 0 88 53 ## Other – Insufficient information 13 34 23 33 23 ## Other – Other 37 38 31 32 6 ## Other – Trivial complaint 4 6 16 5 53 ## Outside Section 2 – Broadcast timing 104 118 60 33 15 ## Outside Section 2 – Dislike of advertising 30 25 19 62 185 ## Outside Section 2 – Other 108 70 89 128 27 ## Outside Section 2 – Phone sex 0 1 0 7 18 ## Outside Section 2 – Political advertising 10 11 26 3 3 ## Specific industry code – Alcoholic Beverages code 3 2 12 5 14 ## Specific industry code – Therapeutic Goods code 1 1 1 0 3 ## Specific industry code – Weight Management code 2 2 0 1 3 ## Withdrawn/Discontinued – Other 13 43 12 32 81 ## Within Section 1 – Business practices 6 6 1 2 3 ## Within Section 1 – Compliance with law 15 4 0 1 0 ##
Review of Operations 2010 57 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
REASON COMPLAINTS FELL OUTSIDE CHARTER (No.)## Continued Within Section 1 – Harm to business 0 1 0 1 2 ## Within Section 1 – Legality 1 11 6 10 3 ## Within Section 1 – Misleading claim about Australian country of origin/content 0 5 1 0 0 ## Within Section 1 – Misleading claim of protecting environment 0 0 0 0 2 ## Within Section 1 – Misleading or deceptive 121 186 45 62 32 ## Within Section 1 – Misrepresentation 1 6 1 0 2 ## Within Section 1 – Tobacco 3 8 0 0 2 ## TOTAL 970 1212 577 799 941 ## ## From 2010, data relating to complaints outside charter is captured in a more detailed form in the following table
REASON COMPLAINT DID NOT PROCEED TO A CASE (No.)** Ad not broadcast in Australia 4 ASB complainant dissatisfied 3 Community Service Announcement 3 Dislike of Advertising – AMI radio ads 2 Dislike of Advertising – AMI TV Ads 14 Editorial 7 Gambling odds in commentary 2 Insufficient information to identify ad – general 46 Insufficient information to identify ad – adult content 5 Legality 8 Loud ads 7 Misleading Truth and Accuracy – NOT FOOD 43 Not an Ad – General 14 Not an ad – Point of Sale 1 Not an ad – signage on premises 1 Not S2 – ABAC 14 Not S2 – ADMA 1 Not S2 – general 103 Overseas complaint 1 Overseas web site with no Aust connection 1 Political Advertising 40 Product or service – general 39 Product or service – on radio 4 Programming and content 4 Promotion TV and Radio 37 Subliminal advertising 7 Tasteless advertising 39 Timing – Cinema 3 Timing – Radio broadcast 4 Timing – TV 23 Tobacco advertising 13 Too many ads 3 Weight management 4 Wicked Campers – need for detailed information 12 Advertisement Withdrawn/Discontinued before case established 108 TOTAL 620 ** Following the launch of new Case Management System in March 2010, statistics relating to complaints not proceeding to a case are provided in greater detail.
58 Review of Operations 2010 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
CONSISTENTLY DISMISSED COMPLAINTS (No.) * Unlikely interpretation 35 Not of concern to broad community 22 Consistently dismissed issue 18 Consistently dismissed language 12 Incorrect about content 3 Multicultural community 2 TOTAL 92 * Statistics not separately captured prior to 2010
ANALYSIS OF CASES BY MEDIA (%) **** Billboard 5.77% Cinema 1.35% Internet 6.73% Mail 0.96% Outdoor 5.00% Pay TV 5.77% Poster 4.23% Print 9.62% Radio 5.96% Transport 2.50% TV 52.12% TOTAL 100.00% **** This table elatesr to individual cases, not complaints
MEDIA ATTRACTING COMPLAINT (%) TV 84.10% 71.70% 71.87% 66.44% 58.22% 80.59% 85.33% 84.81% 85.81% 75.10% 68.59% 59.83% 62.25% Billboard *** 9.69% Outdoor 1.90% 11.70% 18.66% 14.01% 29.77% 9.23% 6.28% 6.67% 3.67% 12.80% 16.48% 23.92% 8.40% Internet 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.25% 1.13% 1.13% 2.58% 7.55% Print 10.70% 11.80% 7.41% 13.58% 8.80% 4.48% 5.47% 4.76% 3.85% 4.08% 4.73% 1.92% 3.56% Pay TV 0.00% 0.00% 0.05% 0.00% 0.16% 0.00% 0.00% 0.25% 0.18% 0.44% 1.46% 5.61% 2.42% Poster *** 1.99% Radio 2.00% 3.60% 1.22% 1.38% 2.06% 1.69% 1.74% 2.11% 4.10% 2.36% 2.77% 3.12% 1.66% Mail 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.29% 1.28% Transport 0.00% 0.00% 0.00% 0.09% 0.41% 0.63% 0.62% 0.45% 1.73% 1.62% 3.64% 2.46% 0.76% Cinema 0.60% 1.20% 0.33% 0.35% 0.16% 0.43% 0.50% 0.60% 0.42% 2.46% 0.80% 0.11% 0.43% Other 0.70% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.40% 0.15% 0.00% Multiple Media 0.00% 0.00% 0.46% 4.15% 0.41% 2.95% 0.06% 0.35% 0.00% 0.00% 0.00% 0.00% 0.00% TOTAL 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% *** Statistics not separately captured prior to 2010. Information on this category aggregated in “Outdoor” category prior to 2010.
Review of Operations 2010 59 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
PRODUCT CATEGORY ATTRACTING COMPLAINT (%) Food and Beverages 20.85% 28.14% 33.25% 14.39% 24.08% 21.92% Toiletries 5.26% 2.86% 2.94% 3.46% 3.51% 7.88% Clothing 6.22% 4.31% 2.24% 5.83% 7.69% 7.31% Community Awareness 8.02% 12.29% 3.39% 9.29% 5.69% 5.58% Professional services 2.56% 5.61% 10.77% 5.10% 5.18% 5.38% Alcohol 7.07% 3.14% 2.44% 6.38% 4.00% 5.19% Sex Industry 0.00% 0.00% 0.00% 0.36% 4.35% 5.00% Vehicles 15.19% 8.37% 9.92% 5.28% 5.69% 4.81% House goods/services 11.18% 2.15% 6.03% 7.65% 6.86% 4.42% Leisure & Sport 1.45% 1.73% 2.14% 1.09% 2.84% 3.85% Health Products 3.46% 7.94% 1.40% 1.46% 4.35% 3.46% Finance/Investment 2.81% 1.80% 1.30% 2.37% 1.34% 3.46% Insurance 0.00% 2.97% 2.44% 5.10% 3.51% 3.27% Entertainment 0.00% 2.90% 3.09% 3.28% 4.85% 2.88% Telecommunications 4.51% 2.40% 2.24% 3.46% 3.18% 2.88% Other 6.67% 5.30% 3.94% 4.74% 2.01% 2.88% Retail 0.00% 1.17% 1.65% 2.37% 0.33% 1.54% Media 0.00% 2.22% 2.84% 3.28% 0.17% 1.54% Hardware/machinery 0.00% 0.00% 0.00% 1.09% 1.34% 1.35% Travel 1.85% 1.09% 0.15% 2.37% 2.01% 0.96% Gambling 0.00% 0.00% 0.00% 0.73% 1.51% 0.96% Education 0.00% 0.00% 0.00% 0.18% 0.00% 0.96% Information Technology 0.00% 0.00% 0.00% 0.18% 1.00% 0.77% Toys & Games 0.00% 0.00% 0.00% 1.09% 0.67% 0.77% Mobile Phone/SMS 0.00% 2.44% 2.04% 5.46% 2.17% 0.38% Real Estate 0.00% 0.00% 0.00% 0.55% 1.00% 0.19% Slimming 0.00% 0.00% 0.00% 0.36% 0.00% 0.19% Employment 0.00% 0.00% 0.00% 0.00% 0.00% 0.19% Restaurants 2.91% 1.17% 5.78% 2.19% 0.50% 0.00% Office goods/services 0.00% 0.00% 0.00% 0.91% 0.17% 0.00% TOTAL 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
METHOD OF COMPLAINT (%) E-mail 10.42% 47.46% 60.44% 69.95% 73.08% 82.71% 84.05% 87.07% 85.30% 87.76% Post 86.83% 43.32% 32.65% 25.96% 22.36% 14.47% 13.87% 10.22% 11.85% 11.97% Fax 2.75% 9.22% 6.91% 4.09% 4.56% 2.82% 2.08% 2.71% 2.85% 0.27% TOTAL 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
60 Review of Operations 2010 Appendices
Advertising Standards AANA – Environmental QSR initiative Board complaints process Claims in Advertising FCAI Voluntary Code of Practice and Marketing Code Independent Review process for Motor Vehicle Advertising AANA Food and Beverages AANA Code of Ethics Alcohol Beverages Advertising and Marketing Advertising Code AANA Code for Advertising Communications Code and Marketing Communications AFGC Initiative to Children
Review of Operations 2010 61 Advertising Standards Board complaints process
Complaint received in writing Complaint assessed Complainant informed and as not in ASB charter referred to appropriate body Complaint assessed by complaints manager CASE and ASB exec CLOSED Complainant informed and provided Complaint assessed with case report. Copy of complaint as already considered Complaint assessed as sent to advertiser NEW CASE
Complainant noti ed Advertiser noti ed of that complaint raised complaint and offered as a case opportunity to respond
Advertiser response Advertiser response received not received
Response included Response requested in case notes provided again to board
Nil response noted in case notes provided to board
BOARD CONSIDERS COMPLAINT
Complainant noti ed of decision and ASB publishes case Advertiser noti ed of decision and provided case report, also noti ed of report and noti es provided case report, also noti ed of an option for an independent review all parties option for an independent review
Complainant satis ed Complainant requests Advertiser requests Advertiser Advertiser Advertiser ignores independent review independent review modi es/withdraws ad satis ed Board decision
Referred to appropriate Independent review agency conducted
Independent review recommendation made to Board
Board makes nal decision and all parties are noti ed
CASE CLOSED
62 Review of Operations 2010 Independent Review Process
The ASB introduced the review The cost of lodging a request for review — wher e there was a substantial flaw process for Advertising Standards in 2010 was $500 for complainants, $1000 in the Board’s decision (decision Board decisions in April 2008 as for complainants from Incorporated clearly in error having regard to part of its ongoing commitment Associations and $2000 for advertisers. the provisions of the Code, or clearly to international best practice. This payment must accompany a request made against the weight of evidence); for review and is not refundable if the — wher e there was a substantial flaw If people who originally complained Independent Reviewer decides that in the process by which the decision about an advertisement or the the request does not meet the grounds was made. advertiser are unhappy about a for review. Board decision regarding a particular Since no review will proceed if the advertisement, they may ask for a review During the review process, the point at issue is the subject of legal of the decision. original decision (and any subsequent action between anyone directly involved, remedial action or withdrawal of the requests for review should make plain Requests for review will be considered advertisement) will stand. that no such action is underway or by the Independent Reviewer. contemplated. The ASB will not delay publication — Requests for review should be sent If they decide to accept the request, of the relevant decision pending within 10 business days of the date the Independent Reviewer will undertake the outcome of the review. of the ASB’s letter of notification appropriate investigation and make a of a decision. recommendation to the Board, stating The Board’s decision on reviewed cases whether the decision should be reviewed, is final. No further review is possible. Requests for a review must: amended or confirmed. The investigation — Co ntain a full statement will include an invitation from the The Advertising Standards Bureau of the grounds; Independent Reviewer for other parties will inform all parties of the Board’s — Be in writing; in the case (i.e. either the complainant final decision. — Be accompanied by relevant or the advertiser) to comment on the payment; and submission provided by the party Decisions that are revised or amended — be addressed to requesting the review. following a review will be published on Independent Reviewer the ASB website: www.adstandards.com.au of ASB Decisions If the Independent Reviewer decides Level 2 not to accept the request because she Grounds for review: 97 Northbourne Avenue considers that it does not meet any of — wher e new or additional relevant TURNER ACT 2612. the grounds set out below, the person evidence which could have a making the request will be informed. significant bearing on the decision becomes available (an explanation of why it was not submitted previously will be required);
Review of Operations 2010 63 AANA Code of Ethics
This Code has been adopted by but does not include Excluded Prevailing Community Standards the AANA as part of advertising Advertising or Marketing means the community standards and marketing self-regulation. The Communications. determined by the Advertising object of this Code is to ensure that Standards Board as those prevailing advertisements are legal, decent, honest Advertising or Marketing at the relevant time, and based on and truthful and that they have been Communications to Children research carried out on behalf of the prepared with a sense of obligation to means Advertising or Marketing Advertising Standards Board as it see fit, the consumer and society and fair sense Communications which, having regard in relation to Advertising or Marketing of responsibility to competitors. to the theme, visuals and language used, Communications. are directed primarily to Children and In this Code, unless the context are for Product. Product means goods, services and otherwise requires: facilities which are targeted toward Advertising Standards Board and have principal appeal to Children. Advertising or Marketing means the board appointed by the Communication means: Advertising Standards Bureau from 1. Section 1 (a) matter which is published or time to time, the≈members of which 1.1 A dvertising or Marketing broadcast using any Medium in are representative of the community, Communications shall comply all of Australia or in a substantial to administer a public complaints system with Commonwealth law and the law section of Australia for payment in relation to Advertising or Marketing of the relevant State or Territory. or other valuable consideration and Communications. which draws the attention of the 1.2 A dvertising or Marketing public or a segment of it to a product, Children means children [14] years old Communications shall not be service, person, organisation or line or younger and Child means a child misleading or deceptive or be likely of conduct in a manner calculated [14] years old or younger. to mislead or deceive. to promote or oppose directly or indirectly the product, service, person, Excluded Advertising or Marketing 1.3 A dvertising or Marketing organisation or line of conduct; or Communications means labels or Communications shall not contain (b) any activity which is undertaken packaging for Products. a misrepresentation, which is likely by or on behalf of an advertiser to cause damage to the business or or marketer for payment or other Medium means any medium whatsoever goodwill of a competitor. valuable consideration and which including without limitation cinema, draws the attention of the public internet, outdoor media, print, radio, or a segment of it to a product, telecommunications, television or other service, person, organisation or line direct-to-consumer media including new of conduct in a manner calculated and emerging technologies. to promote or oppose directly or indirectly the product, service, person, organisation or line of conduct,
64 Review of Operations 2010 1.4 Advertising or Marketing 2.4 Advertising or Marketing Communications shall not exploit Communications to Children shall community concerns in relation comply with the AANA’s Code to protecting the environment by for Advertising & Marketing presenting or portraying distinctions Communications to Children and in products or services advertised in section 2.6 of this Code shall not a misleading way or in a way which apply to advertisements to which implies a benefit to the environment AANA’s Code for Advertising which the product or services & Marketing Communications do not have. to Children applies.
1.5 Advertising or Marketing 2.5 Advertising or Marketing Communications shall not make Communications shall only use claims about the Australian origin language which is appropriate in the or content of products advertised in circumstances and strong or obscene a manner which is misleading. language shall be avoided.
2. Section 2 2.6 A dvertising or Marketing 2.1 Advertising or Marketing Communications shall not depict Communications shall not portray material contrary to Prevailing people or depict material in a way Community Standards on which discriminates against or vilifies health and safety. a person or section of the community on account of race, ethnicity, 2.7 Advertising or Marketing nationality, sex, age, sexual preference, Communications for motor religion, disability or political belief. vehicles shall comply with the Federal Chamber of Automotive 2.2 Advertising or Marketing Industries Code of Practice relating Communications shall not present or to Advertising for Motor Vehicles portray violence unless it is justifiable and section 2.6 of this Code shall not in the context of the product or apply to advertising or marketing service advertised. communications to which the Federal Chamber of Automotive Industries 2.3 A dvertising or Marketing Code of Practice applies. Communications shall treat sex, sexuality and nudity with sensitivity 2.8 Advertising or Marketing to the relevant audience and, where Communications for food or appropriate, the relevant programme beverage products shall comply time zone. with the AANA Food & Beverages Advertising & Marketing Communications Code as well as to the provisions of this Code.
Review of Operations 2010 65 AANA Code for Advertising & Marketing Communications to Children
This Code has been adopted by the Advertising or Marketing Premium means anything offered AANA as part of advertising and Communications to Children free or at a reduced price and which marketing self-regulation. The object means Advertising or Marketing is conditional upon the purchase of this Code is to ensure that advertisers Communications which, having regard of a regular Product. and marketers develop and maintain a high to the theme, visuals and language used, sense of social responsibility in advertising are directed primarily to Children and Prevailing Community Standards means and marketing to children in Australia. are for Product. the community standards determined by the Advertising Standards Board as 1. Definitions Advertising Standards Board those prevailing at the relevant time, and In this Code, unless the context means the board appointed by the based on research carried out on behalf otherwise requires: Advertising Standards Bureau from of the Advertising Standards Board time to time, the members of which as it sees fit, in relation to Advertising Advertising or Marketing are representative of the community, or Marketing Communications to Communication means: to administer a public complaints system Children. (a) matter which is published or in relation to Advertising or Marketing broadcast using any Medium Communications. Product means goods, services and/or in all of Australia or in a substantial facilities which are targeted toward and section of Australia for payment or Alcohol Products means products which have principal appeal to Children. other valuable consideration and have some association with alcohol which draws the attention of the including alcoholic beverages, food 2. Code of Practice public or a segment of it to a product, products that contain alcohol or other 2.1 Prevailing Community Standards service, person, organisation or line Products that are associated in some way Advertising or Marketing of conduct in a manner calculated with alcohol including in the sense of Communications to Children must to promote or oppose directly or being branded in that way. not contravene Prevailing Community indirectly the product, service, person, Standards. organisation or line of conduct; or Children means children 14 years old or (b) any activity which is undertaken younger and Child means a child 14 years 2.2 Factual Presentation by or on behalf of an advertiser old or younger. Advertising or Marketing or marketer for payment or other Communications to Children: valuable consideration and which Excluded Advertising or Marketing (a) must not mislead or deceive Children; draws the attention of the public Communications means labels or (b) must not be ambiguous; and or a segment of it to a product, packaging for Products. (c) must fairly represent, in a manner that service, person, organisation or line is clearly understood by Children: of conduct in a manner calculated Medium means any medium whatsoever (i) the advertised Product; to promote or oppose directly or including without limitation cinema, (ii) any features which are described indirectly the product, service, person, internet, outdoor media, print, radio, or depicted or demonstrated organisation or line of conduct, but television, telecommunications, or other in the Advertising or does not include Excluded Advertising direct‑to‑consumer media including new Marketing Communication; or Marketing Communications. and emerging technologies. (iii) the need for any accessory parts; and
66 Review of Operations 2010 (iv) that the Advertising or Marketing 2.6 Social Values 2.9 Qualifying Statements Communication is in fact a Advertising or Marketing Any disclaimers, qualifiers or commercial communication Communications to Children: asterisked or footnoted information rather than program content, (a) must not portray images or events in used in Advertising or Marketing editorial comment or other non- a way that is unduly frightening or Communications to Children must commercial communication. distressing to Children; and be conspicuously displayed and clearly (b) must not demean any person or group explained to Children. 2.3 Placement on the basis of ethnicity, nationality, Advertising or Marketing race, gender, age, sexual preference, 2.10 Competitions Communications to Children must religion or mental or physical An Advertising or Marketing not be placed in Media where editorial disability. Communication to Children which comment or program content, in close includes a competition must: proximity to that communication, or 2.7 Parental Authority (a) contain a summary of the basic rules directly accessible by Children as a result Advertising or Marketing for the competition; of the communication is unsuitable Communications to Children: (b) clearly include the closing date for for Children according to Prevailing (a) must not undermine the authority, entries; and Community Standards. responsibility or judgment of parents (c) make any statements about the or carers; chance of winning clear, fair and 2.4 Sexualisation (b) must not contain an appeal to accurate. Advertising or Marketing Children to urge their parents or Communications to Children: carers to buy a Product for them; 2.11 Popular Personalities (a) must not include sexual imagery (c) must not state or imply that a Product Advertising or Marketing in contravention of Prevailing makes Children who own or enjoy it Communications to Children must not Community Standards; superior to their peers; and use popular personalities or celebrities (b) must not state or imply that Children (d) must not state or imply that persons (live or animated) to advertise or market are sexual beings and that ownership who buy the Product the subject Products or Premiums in a manner or enjoyment of a Product will of the Advertising or Marketing that obscures the distinction between enhance their sexuality. Communication are more generous commercial promotions and program than those who do not. or editorial content. 2.5 Safety Advertising or Marketing 2.8 Price 2.12 Premiums Communications to Children: (a) Prices, if mentioned in Advertising Advertising or Marketing (a) must not portray images or events or Marketing Communications Communications to Children which which depict unsafe uses of a to Children, must be accurately include or refer to or involve an offer of a Product or unsafe situations which presented in a way which can be Premium: may encourage Children to engage clearly understood by Children and (a) should not create a false or misleading in dangerous activities or create an not minimised by words such as “only” impression in the minds of Children unrealistic impression in the minds or “just”. about the nature or content of of Children or their parents or carers (b) Advertising or Marketing the Product; about safety; and Communications to Children must (b) should not create a false or misleading (b) must not advertise Products which not imply that the Product being impression in the minds of Children have been officially declared unsafe promoted is immediately within the that the product being advertised or or dangerous by an unauthorised reach of every family budget. marketed is the Premium rather than Australian government authority. the Product; (c) must make the terms of the offer clear as well as any conditions or limitations; and
Review of Operations 2010 67 (d) must not use Premiums in a way 2.15 Food and Beverages that promotes irresponsible use or (a) Advertising or Marketing excessive consumption of the Product. Communications to Children for food or beverages must neither 2.13 Alcohol encourage nor promote an inactive Advertising or Marketing lifestyle or unhealthy eating or Communications to Children must not drinking habits. be for, or relate in any way to, Alcohol (b) Advertising or Marketing Products or draw any association with Communications to Children must companies that supply Alcohol Products. comply with the AANA Food & Beverages Advertising & Marketing 2.14 Privacy Communications Code. If an Advertising or Marketing Communication indicates that personal 2.16 AANA Code of Ethics information in relation to a Child will be Advertising or Marketing collected, or if as a result of an Advertising Communications to Children must and Marketing Communication, personal comply with the AANA Code of Ethics. information of a Child will or is likely to be collected, then the Advertising or Marketing Communication must include a statement that the Child must obtain parental consent prior to engaging in any activity that will result in the disclosure of such personal information.
68 Review of Operations 2010 AANA – Environmental Claims in Advertising and Marketing Code
This Code has been adopted by the Definitions Advertising Standards Board AANA as part of advertising and In this Code, unless the context means the board appointed by the marketing self-regulation. The object otherwise requires: Advertising Standards Bureau from of this code is to ensure that advertisers time to time, the members of which and marketers develop and maintain Advertising or Marketing are representative of the community, rigorous standards when making Communication means: to administer a public complaints system Environmental Claims in Advertising (a) matter which is published or in relation to Advertising or Marketing and Marketing Communications and broadcast using any Medium in Communications. to increase consumer confidence to the all of Australia or in a substantial benefit of the environment, consumers section of Australia for payment Authoritative (organisation, and industry. or other valuable consideration initiative, program) means a source and which draws the attention of expert information, advice, assistance Providing clear, straightforward, of the public or a segment of and includes, but is not limited to, environmental information, as outlined it to a product, service, person, government, industry bodies, scientific/ in this code, has benefits for consumers organisation or line of conduct in technical organisations, independent and business alike. By providing a manner calculated to promote certification schemes, international or information about the environmental or oppose directly or indirectly national standards setting organisations. impacts and qualities of products the product, service, person, and services, environmental claims organisation or line of conduct; or Environment includes: (sometimes called ‘green’ claims) help (b) an y activity which is undertaken (a) ecosystems and their constituent consumers make informed buying by or on behalf of an advertiser parts, including people and choices. They also help raise awareness or marketer for payment or other communities; and of the issues, enhance consumer valuable consideration and which (b) natural and physical resources; and understanding and improve product draws the attention of the public (c) the qualities and characteristics of standards overall. At the same time or a segment of it to a product, locations, places and areas. businesses can enhance their credentials service, person, organisation and demonstrate to the community at or line of conduct in a manner Environmental Aspect means large their willingness to be accountable calculated to promote or oppose the element of a product, a component for upholding these standards. directly or indirectly the product, or packaging or service that interacts service, person, organisation or with or influences (or has the capacity Principles line of conduct, to interact with or influence) the AANA supports the following principles Environment. for environmental claims. but does not include Excluded Advertising or Marketing Environmental Claim means any Claims should be: Communications. representation that indicates or suggests • Truthful and factual an Environmental Aspect of a product • Relevant to the product or service and or service, a component or packaging its actual environmental impacts, and of, or a quality relating to, a product • Substantiated and verifiable. or service.
Review of Operations 2010 69 Excluded Advertising or Marketing Relevant information should 3 Substantiation Communications means a label be presented together. i. Environmental Claims must be able or packaging for Products. ix. must reflect the level of scientific to be substantiated and verifiable. or authoritative acceptance of Supporting information must Medium means any medium whatsoever matters relating to any claim; claims include sufficient detail to allow including without limitation cinema, should not imply wide acceptance evaluation of a claim. internet, outdoor media, print, radio, if this is not the case. Where ii. Environmental Claims must meet telecommunications, television or other evidence is inconclusive this should any applicable standards that apply direct-to-consumer media including new be reflected in the Advertising or to the benefit or advantage claimed. and emerging technologies. Marketing Communication. iii. The use of unqualified general claims x. that use scientific terminology, of environmental benefit should be technical language or statistics must avoided unless supported by a high Code Of Practice do so in a way that is appropriate, level of substantiation or associated clearly communicated and able to be with a legitimate connection to an 1 Truthful And Factual Presentation readily understood by the audience authoritative source. Environmental Claims in Advertising to whom it is directed. Publication iv. En vironmental Claims and or Marketing Communications: of research results must identify comparisons that are qualified i. shall not be misleading or deceptive the researcher and source reference or limited may be acceptable if or be likely to mislead or deceive. unless there is an obligation advertisers can substantiate that the ii. must not be vague, ambiguous of confidence or compelling product/service provides an overall or unbalanced. commercial reason not to do so. improvement in environmental iii. must display any disclaimers terms either against a competitor’s or important limitations and 2 A genuine benefit or their own previous products. qualifications prominently, in clear, to the environment iv. Claims relating to sponsorships, plain and specific language. Environmental Claims must: approvals, endorsement or iv. must be supported by evidence that i. be relevant, specific and clearly certification schemes must be is current and reflects legislative, explain the significance of the claim. current. scientific and technological ii. not overstate the claim expressly or v. The use of any symbol or logo must developments. by implication. be explained unless the symbol is v. that make any claim relating to iii. in comparative advertisements, be required by law, or is underpinned by future matters or commitments must relevant and balanced either about regulations or standards, or is part of be based on reasonable grounds. the product/service advertised or an authoritative certification scheme. vi. must not lead the consumer to class of products or services, with vi. S ubstantiation information should conclude a business has voluntarily which it is compared. be readily accessible, or made adopted an environmental practice iv. not imply that a product or service is available in a timely manner in if that practice has been legally more socially acceptable on the whole. response to a reasonable written mandated. The use of Environmental Claims request. vii. m ust not imply a product or service must not reduce the importance vii. Testimonials must reflect genuine, is endorsed or certified by another of non-environment attributes / informed and current opinion of the organisation when it is not. detriments of a product or service. person giving the testimonial. viii. must represent the attributes or v. not imply direct relationship to extent of the environmental benefits social initiatives of a business September 2009 or limitations as they relate to a where there is no correlation to particular aspect of a product or environmental benefits or attributes service in a manner that can be or improvements to a product or clearly understood by the consumer. service.
70 Review of Operations 2010 AANA Food & Beverages Advertising & Marketing Communications Code
1. Definitions are directed primarily to Children and are Medium means any medium whatsoever In this Code, unless the context for a Children’s Food or Beverage Product. including without limitation cinema, otherwise requires: internet, outdoor media, print, radio, Advertising Standards Board television, telecommunications, or other Advertising or Marketing means the board appointed by the direct to consumer media including new Communication means: Advertising Standards Bureau from and emerging technologies. (a) matter which is published or time to time, the members of which broadcast using any Medium in are representative of the community, Premium means anything offered all of Australia or in a substantial to administer a public complaints system free or at a reduced price and which section of Australia for payment or in relation to Advertising or Marketing is conditional upon the purchase of a other valuable consideration and Communications. regular Product. which draws the attention of the public or a segment of it to a product, Average Consumer means a regular Prevailing Community Standards means service, person, organisation or line adult family shopper able to compare the community standards determined of conduct in a manner calculated products by label-listed definition. by the Advertising Standards Board as to promote or oppose directly or those prevailing at the relevant time, and indirectly the product, service, person, Children means persons 14 years old based on research carried out on behalf organisation or line of conduct; or or younger and Child means a person of the Advertising Standards Board as it (b) an y activity which is undertaken 14 years old or younger. sees fit, in relation to the advertising or by or on behalf of an advertiser marketing of Food or Beverage Products or marketer for payment or other Children’s Food or Beverage Product taking into account, at a minimum, valuable consideration and which means any food or beverage product the requirements of the Australia New draws the attention of the public or other than alcoholic beverages as Zealand Food Standards Code, the a segment of it to a product, service, defined in and subject to regulation Australian Dietary Guidelines as defined person, organisation or line of conduct by the Alcohol Beverages Advertising by the National Health and Medical in a manner calculated to promote Code, which is targeted toward and has Research Council and the National or oppose directly or indirectly the principal appeal to Children. Physical Activity Guidelines as published product, service, person, organisation by the Federal Government of Australia. or line of conduct, Excluded Advertising or Marketing Communications means labels 2. Advertising or marketing but does not include Excluded or packaging for Products. communications for food Advertising or Marketing or beverage products Communications. Food or Beverage Products means any 2.1 Advertising or Marketing food or beverage products other than Communications for Food or Beverage Advertising or Marketing alcoholic beverages as defined in and Products shall be truthful and honest, Communications to Children subject to regulation by the Alcohol shall not be or be designed to be means Advertising or Marketing Beverages Advertising Code. misleading or deceptive or otherwise Communications which, having regard contravene Prevailing Community to the theme, visuals and language used, Standards, and shall be communicated
Review of Operations 2010 71 in a manner appropriate to the level of 2.6 Advertising or Marketing 3.2 Advertising or Marketing understanding of the target audience Communications for Food or Beverage Communications to Children shall of the Advertising or Marketing Products including claims relating to not improperly exploit Children’s Communication with an accurate material characteristics such as taste, imaginations in ways which might presentation of all information including size, content, nutrition and health reasonably be regarded as being based any references to nutritional values benefits, shall be specific to the promoted upon an intent to encourage those or health benefits. product/s and accurate in all such Children to consume what would be representations. considered, acting reasonably, as excessive 2.2 Advertising or Marketing quantities of the Children’s Food or Communications for Food or Beverage 2.7 Advertising or Marketing Beverage Product/s. Products shall not undermine the Communications for Food or Beverage importance of healthy or active lifestyles Products appearing within segments 3.3 Advertising or Marketing nor the promotion of healthy balanced of media devoted to general and sports Communications to Children shall diets, or encourage what would reasonably news and/or current affairs, shall not state nor imply that possession or be considered as excess consumption not use associated sporting, news or use of a particular Children’s Food or through the representation of product/s current affairs personalities, live or Beverage Product will afford physical, or portion sizes disproportionate to the animated, as part of such Advertising social or psychological advantage over setting/s portrayed or by means otherwise and/or Marketing Communications other Children, or that non possession regarded as contrary to Prevailing without clearly distinguishing between of the Children’s Food or Beverage Community Standards. commercial promotion and editorial or Product would have the opposite effect. other program content. 2.3 Advertising or Marketing 3.4 Advertising or Marketing Communications for Food or Beverage 2.8 Advertising or Marketing Communications to Children shall not Products that include what an Average Communications for Food and/or aim to undermine the role of parents or Consumer, acting reasonably, might Beverage Products not intended or carers in guiding diet and lifestyle choices. interpret as health or nutrition claims suitable as substitutes for meals shall not shall be supportable by appropriate portray them as such. 3.5 Advertising or Marketing scientific evidence meeting the Communications to Children shall not requirements of the Australia 2.9 Advertising or Marketing include any appeal to Children to urge New Zealand Food Standards Code. Communications for Food and/or parents and/or other adults responsible Beverage Products must comply with the for a child’s welfare to buy particular 2.4 Advertising or Marketing AANA Code of Ethics and the AANA Children’s Food or Beverage Products Communications for Food or Beverage Code for Advertising & Marketing for them. Products which include nutritional or Communications to Children. health related comparisons shall be 3.6 Advertising or Marketing represented in a non misleading and non 3. Advertising and children Communications to Children shall not deceptive manner clearly understandable 3.1 Advertising or Marketing feature ingredients or Premiums unless by an Average Consumer. Communications to Children shall be they are an integral element of the particularly designed and delivered in Children’s Food or Beverage Product/s 2.5 Advertising or Marketing a manner to be understood by those being offered. Communications for Food or Beverage Children, and shall not be misleading Products shall not make reference to or deceptive or seek to mislead or An outline of the process by which consumer taste or preference tests in any deceive in relation to any nutritional or complaints can be made against this way that might imply statistical validity health claims, nor employ ambiguity Code follows. if there is none, nor otherwise use or a misleading or deceptive sense of scientific terms to falsely ascribe validity urgency, nor feature practices such as price to advertising claims. minimisation inappropriate to the age of the intended audience.
72 Review of Operations 2010 The Responsible Children’s Marketing Initiative of the Australian Food and Beverage Industry
Introduction This document outlines the minimum • good dietary habits, consistent The Australian Food and Beverage commitments required by signatories. with established scientific Industry has developed this initiative Companies may choose to adopt or government criteria to demonstrate its commitment to additional commitments. • physical activity. responsible marketing of foods and beverages to children. Core Principles • Use of Popular Personalities Companies participating in this initiative and Licensed Characters The goal is to ensure that a high level will publicly commit to marketing P articipants will not use Popular of social responsibility in marketing communications to children under 12, Personalities or Licensed characters’ communication and marketing food only when it will further the goal of in advertising primarily directed and beverage products in Australia promoting healthy dietary choices and to children under 12 unless such is maintained. healthy lifestyles. advertising complies with the messaging options set out above This initiative will provide confidence in Each participant will develop an and the specific requirements of the responsible marketing practices via individual company action plan that the Children’s Television Standards clear expectations of the form, spirit and outlines how they will meet the in relation promotions and context, and a transparent process for following core principles: endorsement by Program Characters monitoring and review of practices. The (CTS section 22). aim is to provide a framework for food • Advertising Messaging and beverage companies to help promote P articipants will not advertise food • Product Placement healthy dietary choices and lifestyles to and beverage products to children P articipants will commit to not Australian children. under 12 in media unless: paying for or actively seeking to place 1. those products represent healthy their food or beverage products in This Initiative has been developed in dietary choices, consistent with the program/editorial content of any collaboration with the AANA as part of established scientific or Australian medium primarily directed to children the system of advertising and marketing government standards. under 12 for the purpose of promoting self-regulation in Australia. Signatories the sale of those products unless those to this initiative must also abide by: And products are consistent with healthy – The AANA Code for Advertising dietary choices under #1 above. & Marketing Communications to 2. the advertising and/or marketing Children communication activities reference, • Use of Products in – The AANA Food & Beverages or are in the context of, a healthy Interactive Games Advertising & Marketing lifestyle, designed to appeal to P articipants will commit that, in any Communications Code the intended audience through interactive game primarily directed – The AANA Code of Ethics messaging that encourages: to children under 12 where the company’s food or beverage products are incorporated into the game, the interactive game must incorporate or be consistent with healthy dietary
Review of Operations 2010 73 choices under #1 above and healthy Compliance and Complaints 3. Company Action Plans will lifestyle messaging under #2 above. Key criteria will be established to be required to be submitted by assess how companies’ marketing 1 January 2009. • Advertising in Schools communications to children meet the P articipants will refrain from core principles outlined in this initiative. 4. The AFGC and the AANA undertake product‑related communications to review this initiative in 2010. in primary schools, except where The AFGC will work with the AANA specifically requested by, or agreed to formulate a transparent compliance Appendix I – Definitions with, the school administration program including the administration of a In this Initiative: for educational or informational public complaints system in relation to the purposes, or related to healthy lifestyle Responsible Children’s Marketing Initiative. Marketing Communications means activities under the supervision of the a) matter which is published or school administration or appropriate Sanctions will be developed to ensure broadcast using any medium in adults. that participants meet their obligations all of Australia or in a substantial under the terms of this initiative. section of Australia for payment • Use of Premium Offers or other valuable consideration Participants will commit to not The compliance program will publicly and which draws the attention of advertising premium offers unless issue reports detailing its activities. the public or a segment of it, to a the reference to the premium is merely product, service, person, organisation, incidental to product being advertised The compliance program, in consultation or line of conduct in a manner in accordance with the AANA codes with the participants, will periodically calculated to promote or oppose and in the Children’s Television review its procedures and the overall directly or indirectly that product, Standards (CTS Section 20). impact of this initiative. The first such service, person, organisation or line review shall be started after the new of conduct; Individual Company Action Plans program has been operational for at least b) an y activity which is undertaken Companies will sign up to this initiative 1 year. by or on behalf of an advertiser as a minimum commitment and will or marketer for payment or other develop and publish individual Company Monitoring valuable consideration and which Action Plans that outline their specific The Australian Food and Grocery draws the attention of the public commitments including individual Council will commission a study to or a segment of it to a product, nutritional standards if applicable in order monitor food and beverage advertising to service, person, organisation or line to meet the core principles of this initiative. children over a≈period 12 months from of conduct in a manner calculated the commencement of this initiative. This to promote or oppose directly or Because companies and their product will be repeated periodically. indirectly the product, service, person, lines vary, the way companies comply organisation or line of conduct, with this framework will differ. However, The purpose of this study will be all commitments will be consistent to measure the industry’s response, but does not include Excluded with the core principles outlined in this determine the nature of improvements Advertising or Marketing initiative. in performance and to report on the Communications. findings. This initiative outlines the minimum Excluded Advertising or Marketing commitments required by signatories. Implementation Communications means labels or Companies may choose to go further 1. Agreement to this initiative packaging for products. if they wish to. to be finalised by the end of 2008.
2. The position statement will become effective from 1 January 2009.
74 Review of Operations 2010 Advertising or Marketing In this initiative media is defined as: New Macdonald’s Farm Communications to Children is defined television, radio, print, cinema and Lab Rats Challenge by the AANA Code for Advertising and third‑party internet sites where the Here’s Humphrey Marketing Communications to Children audience is predominantly children and/ Double Trouble and means advertising or marketing or having regard to the theme, visuals, Playhouse Disney communications which, having regard and language used are directed primarily Dive Olly Dive to the theme, visuals, and language used, to children. Totally Wild are directed primarily to children and are Pirate Islands 2 – The Lost Treasure Of Fiji for product The key to determining whether The Sleepover Club media or programs are designed for The Shak Media means television, radio, print, children is whether the themes, visuals, Dora The Explorer cinema and third-party internet sites language and concepts are those that are Go, Diego Go where the audience is predominantly appropriate to children under 12. This Saturday Disney children and/or having regard to the includes all P and C programs but there Toon Disney theme, visuals, and language used are are also a number of G rated programs Toasted TV directed primarily to children. which, using the criteria outlined Sharky’s Friends above, are considered to be designed M-Barbie Mariposa Children means children under 12. for children. Pucca Get Ed Popular Personalities and Licensed The following list has been provided to The Proud Family Characters means: illustrate the types of programs covered Ben 10 • a personality or character from by the initiative. This list includes all P Hannah Montana And Miley Cyrus: Best a C program or P program and C programs, all programs where of Both Worlds • a popular program or movie character more than 50% of the audience is Sea Princesses • a non-proprietary cartoon, animated children under 12, plus those G rated My Friends Tigger and Pooh or computer generated character programs that meet the criteria outlined Stanley above as being designed for children. Flipper and Lopaka – The Search For Premium means anything offered Neptune’s Trident free or at a reduced price and which It should be noted that this is not an W.I.T.C.H is conditional upon the purchase exhaustive list. It is indicative only and Life is Ruff of a children’s food or beverage product. will be updated from time to time to The Backyardigans reflect current programming. Yin Yang Yo! Appendix II – Indicative Television Now You See It Program List Puzzle Play Doctor Dolittle Under The Responsible Children’s Rock it! The Cat in The Hat Marketing Initiative, participants will Hercules Stuart Little not advertise food and beverage products Kid’s WB on Nine Curious George to children under 12 in media unless I Got a Rocket Jimmy Neutron: Boy Genius it meets core principles in relation to H2O – Just Add Water Barbie In The Diamond Castle advertising messaging. G2G: Got to Go Thunderbirds Erky Perky The Adventures Of Rocky & Bullwinkle Bush Beat Mickey Mouse Clubhouse Blinky Bill’s Around The World Adventures Spy Kids Holly’s Heroes Free Willy Hi-5 Rugrats Go Wild! Faireez Master Raindrop
Review of Operations 2010 75 Australian Quick Service Restaurant Industry Initiative for Responsible Advertising and Marketing to Children
Leading quick service restaurants in This Initiative commenced Definitions are set out in Clause 7 Australia, in collaboration with the on 1 August 2009. and Appendix 1 Australian Association of National Advertisers (AANA), have developed 1. Statement of intent 2. Participants the Australian Quick Service Restaurant The Australian Quick Service Restaurant Participants to this Initiative include: Industry Initiative for Responsible Industry has developed this initiative McDonald’s Advertising and Marketing to Children to demonstrate its commitment to KFC (the Initiative) as part of the system of responsible advertising and marketing Pizza Hut advertising and marketing self-regulation of food and/or beverages to children. Hungry Jack’s in Australia. Oporto The Initiative provides a common Red Rooster The Initiative establishes a common framework for quick service restaurant Chicken Treat framework: companies to ensure that only food • to ensure that only food and and beverages that represent healthier 3. Commencement beverages that represent healthier choices are promoted directly to children This Initiative commences on choices are advertised to children; and and to ensure parents or guardians can 1 August 2009. • to help parents and guardians make make informed product choices for informed product choices for their their children. 4. Core principles children. 4.1 Advertising and Marketing This Initiative has been developed in Messaging Companies currently signed up to the collaboration with the AANA as part of Advertising or Marketing Initiative represent the majority of TV the system of advertising and marketing Communications to Children for food advertisers of such food in Australia. self-regulation in Australia. and/or beverages must: The companies agree that all marketing (a) Represent healthier choices, as communications and advertising of Participants must also abide by: determined by a defined set of food and beverage combinations to – The AANA Code for Advertising Nutrition Criteria for assessing children under-14 years must represent & Marketing Communications to children’s meals (see Appendix 1); healthier lifestyle choices, as determined Children and/or by a defined set of nutrition criteria for – The AANA Food & Beverages (b) Represent a healthy lifestyle, designed assessing children’s meals and physical Advertising & Marketing to appeal to the intended audience activity. Communications Code through messaging that encourages: – The AANA Code of Ethics (i) healthier choices, as determined Companies have further committed by a defined set of Nutrition to ensuring nutrition information is This initiative will provide confidence in Criteria for assessing children’s available on their websites or upon the responsible marketing practices via meals (see Appendix 1); and request in restaurants and, wherever clear expectations of the form, spirit and (ii) physical activity. practical, displayed on packaging. context, and a transparent process for monitoring and review of practices.
76 Review of Operations 2010 4.2 Popular Personalities 4.6 Use of Premium Offers 6. Compliance, complaints, and Licensed Characters Participants must not advertise Premium and monitoring Popular Personalities or Licensed offers in any Medium directed primarily 6.1 Key Criteria for Meeting Characters must not be used in to Children unless the reference to the Core Principles Advertising or Marketing Premium is merely incidental to the food Participants acknowledge that key criteria and/or beverage product being advertised will be established in consultation with Communications to Children for in accordance with the AANA Codes nutritional experts and the AANA to food and/or beverage products, unless and Section 20 (Disclaimers and assess whether Signatories’ Advertising such Advertising or Marketing Premium Offers) of the Childrens or Marketing Communications to Communications complies with the Television Standards 2005. Children for food and/or beverage messaging options set out in Article 4.1 products meet the core principles outlined and the specific requirements of Section 4.7 On-Pack Nutrition Labelling in this document. 22 (Promotions and Endorsements by Nutritional profile information must be Program Characters) of the Children’s provided on packaging wherever possible, 6.2 Compliance and Complaints Television Standards 2005. in respect of those food products usually Participants acknowledge that: contained in such packaging to assist (a) they will work with the AANA 4.3 Product Placement parents and guardians to make informed to formulate a public compliance Participants must not pay for the food choices for their children. program, including the administration placement of, or actively seek to place, of a public complaints system in food and/or beverage products in the 4.8 Availability of Nutrition Information relation to this Initiative via the program or editorial content of any Nutritional profile information must Advertising Standards Bureau which Medium directed primarily to Children also be available on company websites will be determined by the Advertising unless such food and/or beverage or upon request, in respect of all food Standards Board, and each Participant products are consistent with Article and beverage products to assist parents will be subject to such compliance 4.1(a). and guardians to make informed food and public complaints process; choices for their children. (b) any compliance program developed 4.4 Use of Products in will be made publicly available; Interactive Games 5. Individual company action plans (c) the compliance program developed Each Participant must ensure, as far 5.1 Participants must develop and publish will periodically be reviewed, in as possible, that any interactive game individual ‘Company Action Plans’ for consultation with the participants, which incorporates food and/or beverage the purposes of communicating how they in respect of procedures and the products sold at that Participant’s store will each meet the requirements of this overall impact of this Initiative. The or outlet and is primarily directed to Initiative and the anticipated timeframe first such review will be started on or Children, is consistent with Article for these required actions. around the first anniversary from the 4.1(b). implementation of this compliance 5.2 All commitments must be consistent program. 4.5 Advertising in Schools with the core principles outlined in Participants must not engage in any this Initiative. product-related communications in Australian schools, except where specifically requested by, or agreed with, the school administration, or related to healthy lifestyle activities under the supervision of the school administration or appropriate adults.
Review of Operations 2010 77 6.3 Monitoring Implementation Advertising or Marketing Popular Personalities and Licensed of Initiative Communications to Children Characters means a personality or On and from the commencement means Advertising or Marketing character from a C program or P of this Initiative, the Participants Communications which, having regard program, a popular program or movie will appoint an independent to the theme, visuals and language character, a non‑proprietary cartoon, individual or organisation to monitor used, are directed primarily to Children animated or computer generated Participants’ Advertising or Marketing and are for food and/or beverage character Communications to Children for products. food and/or beverage products for Premium means anything offered a period of 12 months and will publish Child means a person under 14 years free or at a reduced price and which is a publicly available report of its findings. of age. conditional upon the purchase of regular Such monitoring and reporting will be Children’s Food or Beverage Product. repeated periodically. The final report Children means persons under 14 years will focus on industry response and of age. determine the nature of improvements in 8. Implementation performance and will report generally on Children’s Television Standards 2005 (a) Agreement to this initiative to be the findings. means the Australian Communications finalised by 25 June 2009. and Media Authority Children’s Television (b) Company Action Plans will be 7. Definitions Standards 2005. required to be submitted on company In this Initiative, unless the context website by 1 August 2009. otherwise requires: Participants means: (c) The articipantsP and the AANA (a) McDonald’s Australia, undertake to review this initiative Advertising or Marketing (b) Yum Brands Australia, in 2010. Communications means any matter (c) Hungry Jack’s Australia; generated by a Participant which (d) Quick Service Restaurant Holdings is published or broadcast using any Pty Ltd; and Medium for payment or other valuable (e) any other Quick Service Restaurant consideration and which draws who agrees to be bound by the the attention of the public or a segment terms of the initiative after its to it, to a product, service, person, commencement. organisation, or line of conduct in a manner calculated to promote or oppose Medium means television, radio, directly or indirectly that product, service, newspapers, magazines, outdoor person, organisation or line of conduct billboards and posters, emails, interactive but does not include instore point of sale games, cinema and internet sites. material, labels, or packaging of products.
78 Review of Operations 2010 Federal Chamber of Automotive Industries (FCAI) Voluntary Code of Practice for Motor Vehicle Advertising
Explanatory Notes Scope and Coverage of the Code In particular, it is noted that use of Context The Code is to be applied to all forms disclaimers indicating that a particular The Voluntary Code of Practice for and mediums for advertising of motor scene or advertisement was produced Motor Vehicle Advertising (the Code) vehicles in Australia. This includes under controlled conditions; using expert has been instituted by the Federal television, radio, print media, cinema, drivers; that viewers should not attempt Chamber of Automotive Industries billboards and Australian domain to emulate the driving depicted; or (FCAI) as a means of industry internet websites. expressed in other similar terms, should self‑regulation of motor vehicle be avoided. Such disclaimers cannot in advertising in Australia. The primary Guidance to Advertisers any way be used to justify the inclusion purpose of the Code is to provide The FCAI supports a responsible of material which otherwise does not guidance to advertisers in relation to approach to advertising for motor comply with the provisions of the Code. appropriate standards for the portrayal vehicles. FCAI asks advertisers to be of images, themes and messages relating mindful of the importance of road Advertisers should avoid references to to road safety. safety and to ensure that advertising for the speed or acceleration capabilities of a motor vehicles does not contradict road motor vehicle (for example, “0–100 km/h Vehicle occupant protection and safety messages or undermine efforts to in 6.5 seconds”). Other factual references road safety are primary concerns achieve improved road safety outcomes to the capabilities of the motor vehicle for the automotive industry in the in Australia. (for example, cylinder capacity, kilowatt design and operation of all motor power of the engine, or maximum torque vehicles supplied to the Australian Advertisers should ensure that generated) are acceptable, provided that market. FCAI endorses the National advertisements do not depict, encourage they are presented in a manner that is Road Safety Strategy and acknowledges or condone dangerous, illegal, aggressive consistent with the provisions of the Code. the importance of increased road or reckless driving. Moreover, advertisers safety awareness in the Australian need to be mindful that excessive speed The Code contains a specific clause community and fully supports the efforts is a major cause of death and injury in (clause 3) relating to the use of motor of all relevant Commonwealth, State road crashes and accordingly should avoid sport, simulated motor sport and similar and Territory authorities to secure explicitly or implicitly drawing attention vehicle testing or proving activities in this outcome. to the acceleration or speed capabilities advertising. It is acknowledged that of a vehicle. motor sport plays a crucial role in brand Date of Commencement promotion and the development and This revised version of the Code is to FCAI acknowledges that advertisers may testing of crucial technologies, many be applied to all advertisements for make legitimate use of fantasy, humour of which result in safer vehicles. motor vehicles published or broadcast and self-evident exaggeration in creative in Australia from 1 July 2004. ways in advertising for motor vehicles. However, such devices should not be used in any way to contradict, circumvent or undermine the provisions of the Code.
Review of Operations 2010 79 Accordingly the Code seeks to ensure that Compliance and Administration Consultation advertisers can continue to legitimately Assessment of compliance with the Code In developing the Code, FCAI has make use of motor sport in advertising, is to be administered by the Advertising undertaken an extensive process provided that care is taken to ensure that Standards Board (ASB). The ASB of consultation with a wide range of depictions of speed, racing and other will review all public complaints made stakeholders, including representatives forms of competitive driving are clearly against advertisements for motor vehicles of the following: identified as taking place in this context. under the terms of the Code. (a) The Federal Government and its FCAI urges also advertisers to avoid agencies (including the Australian any suggestion that depictions of such In administering the Code, the ASB Transport Safety Bureau); vehicles participating in motor sport, or is to give relevant advertisers the (b) Relevant State and Territory undertaking other forms of competitive opportunity to present such evidence Government authorities; driving are in any way associated with as they deem appropriate in defence of (c) The ationalN Road Safety normal on‑road use of motor vehicles. an advertisement under review, prior to Strategy Panel (which comprises making any determination in relation representatives of police services, In addition, it is noted that the Code to its consistency, or otherwise, with the road safety authorities, motoring contains a clause (clause 4) relating to provisions of the Code. organisations and industry groups); the depiction of off-road vehicles which (d) The ustralianA Automobile have been designed with special features The ASB will ensure that all complaints Association; for off road operation. This clause are considered in a timely fashion. As (e) The ustralianA Association provides some limited flexibility allowing a general rule the panel should finalise of National Advertisers; and advertisers to legitimately demonstrate its determination within one calendar (f ) The dvertisingA Standards the capabilities and performance of month of a complaint having been Bureau Limited. such vehicles in an off-road context. received. Where necessary the ASB may In so doing however, care should be be required to meet more frequently 1. Definitions taken to ensure that all other provisions to ensure the timely consideration In this Code, the following and the underlying objectives of the of complaints. definitions apply: Code are still adhered to. In particular, (a) Advertisement: means matter which advertisers should be mindful to ensure The ASB will arrange prompt is published or broadcast in all of that advertisements for such vehicles do publication of the reasons for Australia, or in a substantial section not involve the depiction of ‘excessive’ all decisions on its website. An annual of Australia, for payment or other or ‘unsafe’ speed. Equally, advertisers report on the outcomes of the complaint valuable consideration and which should avoid portrayal of images of process will be compiled and published. draws the attention of the public, or off‑road driving which could otherwise a segment of it, to a product, service, be construed as being unsafe. Companies may also seek an opinion, person, organisation or line of conduct from the ASB, on whether the content in a manner calculated to promote In interpreting and applying the of a planned advertisement meets the or oppose directly or indirectly that Code, FCAI asks that advertisers take Code, prior to finalisation and release product, service, person, organisation into account both the explicit and of the advertisement. or line of conduct. implicit messages that are conveyed by an advertisement. Advertisers FCAI and ASB will work to increase should make every effort to ensure public awareness of the Code and the that advertisements not only comply complaints process. with the formal provisions of the Code but are also consistent with the objectives and guidelines expressed in these Explanatory Notes which accompany the Code.
80 Review of Operations 2010 (b) Off-road vehicle: means a passenger 2. General Provisions (d) People driving while being apparently vehicle having up to 9 seating positions Advertisers should ensure that fatigued, or under the influence including that of the driver having advertisements for motor vehicles do not of drugs or alcohol to the extent been designed with special features for portray any of the following: that such driving practices breach off-road operation, consistent with the (a) Unsafe driving, including reckless any Commonwealth law or the requirements of the definition for such and menacing driving that would law of any State or Territory in a vehicle as provided in the Australian breach any Commonwealth law or the relevant jurisdiction in which Design Rules (MC category). An off- the law of any State or Territory in the advertisement is published road vehicle will normally have 4 wheel the relevant jurisdiction in which or broadcast dealing directly with drive. the advertisement is published or road safety or traffic regulation. (c) Motor sport: means racing, rallying, broadcast dealing with road safety or (e) Deliberate and significant or other competitive activities traffic regulation, if such driving were environmental damage, particularly involving motor vehicles of a to occur on a road or road‑related in advertising for off‑road vehicles. type for which a permit would area, regardless of where the driving is normally be available under the depicted in the advertisement. 3. Use of Motor Sport in Advertising National Competition Rules of the Without limiting the general application Confederation of Australian Motor [Examples: Vehicles travelling at of clause 2, advertisers may make use of Sport, or other recognised organising excessive speed; sudden, extreme and scenes of motor sport; simulated motor body. unnecessary changes in direction sport; and vehicle‑testing or proving in (d) Motor vehicle: means passenger and speed of a motor vehicle; advertising, subject to the following: vehicle; motorcycle; light commercial deliberately and unnecessarily setting (a) Such scenes should be clearly vehicle and off road vehicle. motor vehicles on a collision course; identifiable as part of an organised (e) Road: means an area that is open to or the apparent and deliberate loss of motor sport activity, or testing or or used by the public and is developed control of a moving motor vehicle.] proving activity, of a type for which for, or has as one of its main uses, the a permit would normally be available driving or riding of motor vehicles. (b) People driving at speeds in excess in Australia. (f ) Road-related area: means an area that of speed limits in the relevant (b) Any racing or competing vehicles divides a road; a footpath or nature jurisdiction in Australia in which depicted in motor sport scenes should strip adjacent to a road; an area that the advertisement is published be in clearly identifiable racing livery. is not a road and is open to the public or broadcast. and designated for use by cyclists or (c) Driving practices or other actions 4. Depiction of Off-road Vehicles animals; an area that is not a road and which would, if they were to An advertisement may legitimately depict that is open to or used by the public take place on a road or road‑related the capabilities and performance of an for driving, riding or parking motor area, breach any Commonwealth law off-road vehicle travelling over loose or vehicles. or the law of any State or Territory unsealed surfaces, or uneven terrain, not in the relevant jurisdiction in which forming part of a road or road related area. the advertisement is published or Such advertisements should not portray broadcast directly dealing with road unsafe driving and vehicles must not travel safety or traffic regulation. at a speed which would contravene the [Examples: Illegal use of hand- laws of the State or Territory in which the held mobile phones or not wearing advertisement is published or broadcast, seatbelts in a moving motor vehicle. were such driving to occur on a road or Motorcyclists or their passengers not road related area. wearing an approved safety helmet, while the motorcycle is in motion.]
Review of Operations 2010 81 Alcohol Beverages Advertising Code
Preamble adolescent means a person aged ii) c hildren and adolescents may only Brewers Association of Australia and 14–17 years inclusive; appear in advertisements in natural New Zealand Inc, the Distilled Spirits situations (eg family barbecue, Industry Council of Australia Inc Australian Alcohol Guidelines means licensed family restaurant) and and the Winemakers Federation of the electronic document ‘Guidelines for where there is no implication Australia are committed to the goal of everyone (1–3)’ published by the National that the depicted children and all advertisements for alcohol beverages, Health & Medical Research Council adolescents will consume or serve other than point of sale material, (NHMRC) as at 1st January 2004. alcohol beverages; and produced for publication or broadcast in iii) adults under the age of 25 Australia complying with the spirit and child means a person under 14 years years may only appear as intent of this Code. of age; and part of a natural crowd or background scene; The Code is designed to ensure that low alcohol beverage means an alcohol c) not suggest that the consumption or alcohol advertising will be conducted beverage which contains less than 3.8% presence of alcohol beverages may in a manner which neither conflicts alcohol/volume. create or contribute to a significant with nor detracts from the need for change in mood or environment and, responsibility and moderation in liquor Advertisements for alcohol accordingly – merchandising and consumption, and beverages must – i) m ust not depict the consumption which does not encourage consumption a) pr esent a mature, balanced and or presence of alcohol beverages as by underage persons. responsible approach to the a cause of or contributing to the consumption of alcohol beverages achievement of personal, business, The conformity of an advertisement and, accordingly – social, sporting, sexual or other with this Code is to be assessed in i) must not encourage excessive success; terms of its probable impact upon a consumption or abuse of alcohol; ii) if alcohol beverages are depicted reasonable person within the class of ii) m ust not encourage under-age as part of a celebration, must not persons to whom the advertisement is drinking; imply or suggest that the beverage directed and other persons to whom the iii) must not promote offensive was a cause of or contributed to advertisement may be communicated, behaviour, or the excessive success or achievement; and and taking its content as a whole. consumption, misuse or abuse iii) must not suggest that the of alcohol beverages; consumption of alcohol beverages Definitions iv) must only depict the responsible offers any therapeutic benefit or is For the purpose of this Code – and moderate consumption of a necessary aid to relaxation; alcohol beverages; d) not depict any direct association adult means a person who is at least b) not have a strong or evident appeal between the consumption of alcohol 18 years of age; to children or adolescents and, beverages, other than low alcohol accordingly – beverages, and the operation of a alcohol beverage includes any particular i) a dults appearing in advertisements motor vehicle, boat or aircraft or the brand of alcohol beverage; must be over 25 years of age and be engagement in any sport (including clearly depicted as adults; swimming and water sports) or
82 Review of Operations 2010 potentially hazardous activity and, Retail Advertisements This protocol commits participating accordingly – Advertisements which contain the name alcohol beverage companies to endeavour i) an y depiction of the consumption of a retailer or retailers offering alcohol to ensure that: of alcohol beverages in connection beverages for sale, contain information • All promotional advertising in with the above activities must not about the price or prices at which those support of events does not clearly be represented as having taken beverages are offered for sale, and which target underage persons and as such is place before or during engagement contain no other material relating to or consistent with the ABAC standard; of the activity in question and concerning the attributes or virtues of and must in all cases portray safe alcohol beverages except – • Alcohol beverages served at such practices; and i) the brand name or names of events are served in keeping with ii) an y claim concerning safe alcohol beverages offered for sale; guidelines, and where applicable legal consumption of low alcohol ii) the type and/or style of the alcohol requirements, for responsible serving beverages must be demonstrably beverages offered for sale; of alcohol (which preclude the serving accurate; iii) a photographic or other of alcohol to underage persons); and e) not challenge or dare people to reproduction of any container • Promotional staff at events do not drink or sample a particular alcohol or containers (or part thereof, promote consumption patterns that beverage, other than low alcohol including any label) in which the are inconsistent with responsible beverages, and must not contain alcohol beverages offered for sale consumption, as defined in the any inducement to prefer an alcohol are packaged; NHMRC Guidelines; and beverage because of its higher alcohol iv) the location and/or times at which • Promotional staff do not misstate content; and the alcohol beverages are offered the nature or alcohol content of a f ) co mply with the Advertiser Code for sale; and product; and of Ethics adopted by the Australian v) suc h other matter as is reasonably • Promotional staff at events are of legal Association of National Advertisers. necessary to enable potential drinking age; and g) not encourage consumption that is purchasers to identify the retailer • Promotional materials distributed at in excess of, or inconsistent with the or retailers on whose behalf the events do not clearly target underage Australian Alcohol Guidelines issued advertisement is published, must persons; and by the NHMRC. comply with the spirit and intent • Promotional materials given away at h) not refer to The ABAC Scheme, in of the Code but are not subject or in association with events do not whole or in part, in a manner which to any process of prior clearance. connect the consumption of alcohol may bring the scheme into disrepute. with the achievement of sexual Promotion of alcohol at events success; and. Internet advertisements Alcohol beverage companies play • Promotional materials given away at The required standard for advertisements a valuable role in supporting many or in association with events do not outlined in (a) to (h) above applies to community events and activities. It is link the consumption of alcohol with internet sites primarily intended for acknowledged that they have the right sporting, financial, professional or advertising developed by or for producers to promote their products at events personal success; and or importers of alcohol products available together with the right to promote • Promotional materials given away at in Australia or that are reasonably expected their association with events and event events do not encourage consumption to be made available in Australia, and to participation. However, combined patterns that are inconsistent with banner advertising of such products on with these rights comes a range of responsible consumption, as defined third party sites. responsibilities. Alcohol beverage in the NHMRC Guidelines; and companies do not seek to promote their products at events which are designed to clearly target people under the legal drinking age.
Review of Operations 2010 83 • A condition of entry into giveaways Alcohol beverage companies will use promoted by alcohol companies at every reasonable endeavour to ensure or in association with events is that that where other parties control and/ participants must be over the legal or undertake events, including activities drinking age; and Prizes given away surrounding those events, they comply in promotions associated with alcohol with this protocol. However non- beverage companies will only be compliance by third parties will not place awarded to winners who are over the alcohol beverage companies in breach legal drinking age. of this protocol.
Third Parties Public Education At many events alcohol companies This protocol does not apply to or seek limit their promotional commitments to restrict alcohol beverage companies to specified activities. This protocol only from being associated with conduct, applies to such conduct, activities or activity or materials that educate the materials associated with events that are public, including underage persons, about also associated with alcohol beverage the consequences of alcohol consumption companies. and the possible consequences of excessive or underage consumption.
84 Review of Operations 2010
Advertising Standards Bureau Review of Operations www.adstandards.com.au Level 2, 97 Northbourne Avenue, Turner ACT 2612 Ph: (02) 6262 9822 | Fax: (02) 6262 9833
cre8ive 10730-0411 2010