Advertising Standards Bureau Review of Operations 2008
www.adstandards.com.au Level 2, 97 Northbourne Avenue, Turner ACT 2612 years | – Ph: (02) 6262 9822 | Fax: (02) 6262 9833 CRE8IVE 8689-0809 Mission To provide a well respected, effective and independent advertising complaints resolution service which benefits the community, industry and government by keeping advertising standards in line with community values.
Values • Transparent • Accountable years | – • Responsive • Independent Who we are
Th e Advertising Th e Bureau was established for the Th e ASB also works with the Alcohol Standards Bureau purposes of: Beverages Advertising Code (ABAC) • establishing and monitoring a management scheme, and accepts, (ASB) administers self-regulatory system to regulate and forwards to the ABAC chief Australia’s national advertising standards in Australia adjudicator, all complaints about • promoting confi dence in, and alcohol advertisements. system of advertising respect for, the general standards self-regulation in of advertising on the part of the Public complaints about particular relation to both community and the legislators advertisements in relation to the • explaining the role of advertising issues below are considered cost-free public and competitor in a free enterprise system to the community by the Advertising complaints. • running other regulatory systems Standards Board: as contracted from time to time. • health and safety • use of language Th is is achieved through Funded through a levy paid by • discriminatory portrayal of people the independent Australian advertisers, this proven • concern for children system of advertising self-regulation has • portrayal of violence, sex, sexuality complaints resolution operated since 1998 following extensive and nudity processes of the consultation within the industry • advertising to children and with government and consumer • advertising of food and beverages Advertising Standards representatives. • advertising of cars under the FCAI Board and the Voluntary Code of Practice for Advertising Claims In 2008 the ASB administered the Motor Vehicle Advertising following codes of practice: Board respectively. • AANA Advertiser Code of Ethics During 2008 an independent review • AANA Code for Advertising and process has been established to consider Marketing Communications to consumer and advertiser disagreement Children with Board determinations. • AANA Food and Beverages Advertising and Marketing Competitor claims between advertisers Communication Code in relation to truth, accuracy and • Federal Chamber of Automotive legality of particular advertisements are Industries (FCAI) Voluntary Code considered on a user-pays basis by the of Practice for Motor Vehicle Advertising Claims Board. Advertising
Review of Operations 2008 i Advertising self-regulation
Th e Advertising Standards Bureau
Th e Advertising Th e ASB administers the Th e Advertising Standards Board advertising self-regulation system, Claims Board Th e Advertising Standards accepting complaints about Th e ACB resolves Board determines public advertisements for determination complaints between complaints about individual competing advertisers, by the Advertising Standards advertisements, through a panel through a panel of legal specialists. of public representatives from Board and the Advertising a broad cross-section of the Claims Board. Australian community.
FCAI AANA ABAC
Th e Federal Chamber of Th e Australian Association of Th e Alcohol Beverages Advertising Automotive Industries is responsible National Advertisers is responsible Code is the code for alcohol for the FCAI Voluntary for the development of the advertising self-regulation by the Code of Practice for Motor AANA Advertiser Codes which ABAC Complaints Panel. All Vehicle Advertising which are administered by the ASB. complaints concerning alcohol is administered by the ASB. are received by ASB and forwarded to ABAC. Both ASB and ABAC may look at complaints pertaining to alcohol advertising independently.
ii Review of Operations 2008 Funding advertising self-regulation
Th e Advertising Responsible advertisers pay a levy Th e AASC was created by the AANA Standards Bureau is not to the ASB in recognition of the at the same time as the Advertising value self-regulation provides to the Standards Bureau. Th e independent funded by Government broader community, advertisers and nature of the AASC ensures in Australia. their agencies. Th e amount of the commercial confi dentiality in relation to levy is based on their advertising the expenditure of individual advertisers Self-regulation of the spend and is set at 35 cents per $1,000 on particular products and services, and Australian advertising (0.035 per cent) of gross media provides for proper accountability for industry is funded by a expenditure. the monies applied to the operational and promotional activities of the ASB. levy paid by advertisers. Th e levy is collected through media buying agencies, as well as some All monies collected by the voluntary advertisers and advertising agencies levy system are applied exclusively to which buy their own media space. activities necessary to the maintenance of the self-regulation system, with Th e levy is remitted to the Australian management of the funds outsourced Advertising Standards Council and accounts audited by separate fi rms (AASC) as the funding body of of chartered accountants. advertising self-regulation. Th e AASC is a separate legal entity. Levy funds provided to the AASC can only be transferred to the ASB and used for purposes of the advertising self-regulation system.
Review of Operations 2008 iii 2008 snapshot
Number of complaints received Number of complaints Number of advertisements made about matters outside complained about ASB jurisdiction 2,422 99 547
Number of advertisements Number of advertisements found Number of advertisements withdrawn voluntarily before by the Board to breach the the Board found consistent consideration by the Board AANA code with AANA code 12 60 475
Number of advertisements which were NOT modifi ed or discontinued after a complaint was upheld
0(nil)
iv Review of Operations 2008 Board reports Contents
Who we are i Most complained about ads for past ten years 20 Advertising self-regulation ii Board reports Funding of advertising self-regulation iii Advertising Standards Board 21 2008 snapshot iv Board Members 23 Executive reports Board view 31 Chairman’s report 3 Advertising Claims Board 39 CEO’s report 4 Most complained about in each of the ten years 41 ASB Board of Directors 5
Statistics 10 Years of operation Advertising complaints 42 Ten years and growing 6 Top 10 most complained-about ads for 2008 50 Objectives Appendices Achievements against objectives and highlights 14 Advertising Standards Board complaints process 52 Ojective 1. – Position the ASB as the foremost body for self-regulation of advertising in Australia 15 Independent Review process 53 Ojective 2. – Provide a best practice AANA Advertiser Code of Ethics 55 complaints resolution service 16 AANA Code for Advertising and Objective 3. – Raise and maintain awareness Marketing Communications to Children 57 and profi le of the ASB 17 AANA Food and Beverages Advertising Objective 4. – Ensure a robust and respected and Marketing Communications Code 60 decision-making body 18 FCAI Voluntary Code of Practice for Objective 5. – Ensure eff ective outcomes Motor Vehicle Advertising 63 of the self-regulation system 19 Alcohol Beverages Advertising Code 66
Review of Operations 2008 1 2 Review of Operations 2008 Board reports Chairman’s report
At the end of 1996 the Th e new self-regulation system had In the 10 years the new system of Australian Association three important parts: advertising self-regulation has operated, • the AANA Advertiser Code the system has grown and developed . of National Advertisers of Ethics Key achievements over the past 10 years announced it would • the Advertising Standards Board – focus around the overall objective of the a new body made up of members self-regulation system – maintaining continue its long of the public to maintain standards standards in advertising having regard standing initiative of taste and decency in advertising, to prevailing community standards. of developing a and • the Advertising Claims Board – Importantly we operate in an more eff ective system a new dispute resolution process environment where there are international of self-regulation for competitor complaints. standards against which we can measure for the advertising our own performance and operation. In 1996 the AANA commented that: Th e World Federation of Advertisers industry. and, more recently, the European “Th e authority of the Advertising Advertising Standards Alliance, provide Standards Board and the Advertising important benchmarks against which Th is followed the Claims Board rests on: our performance can be measured. disbanding at the • the standing and reputation in the community of the members, In addition to this the ASB has end of 1996 of the the quality and timeliness of introduced its own world’s fi rst research Media Council of their decisions into the views of the community to • the willingness of advertisers ensure that the decisions of the Board Australia’s system of to adhere to ethical standards stay in harmony with community advertising codes and • the persuasive powers over media standards on the matters outlined in the regulations including proprietors to comply with AANA Codes and, in the future, other Board decisions industry initiatives. the Advertising • the persuasive powers of government Standards Council. agencies to initiate regulatory While the decisions of the Board will actions, and never please everybody, the community, • the effi ciency and eff ectiveness industry and government can be with which public complaints assured that the system they support are handled.” meets world best practice.
Executive report Review of Operations 2008 3 CEO’s report
Established in 1997 by the Australian complaints that can be heard by the ASB Nearly all advertisers remove their Association of National Advertisers, to include ‘marketing’ communications. advertisements promptly, without the Advertising Standards Bureau Th e ASB ensures issues about the scope complaint, following an adverse fi nding and its Board administer the of the Codes are brought to the attention by the Board. One or two advertisers complaints component of advertising of AANA as necessary, and in particular each year push the boundaries in the self-regulation in Australia. as reviews of the Codes progress. time it takes to remove an advertisement. In such instances the ASB works with Self-regulation is achieved by means Th ere are always challenges to self- media partners to assist the advertiser of rules or principles of best practice, regulation. Sectors of the community will to comply in a timely manner. Very by which the advertising industry dislike either the decisions that the Board occasionally the ASB will also contact voluntarily agrees to be bound. Th e makes or the nature of the system itself. regulators should a problem continue. rules are applied by the Advertising We work continuously to ensure decisions Standards Bureau, set up specifi cally for of the Board and the structure of the Lack of enforcement powers is often the purpose. Th e aim is to ensure high system meet world-best practice and the confused with a dislike of the Board’s standards in advertising and maintain needs of the Australian community. decisions. Because a section of the consumer trust and confi dence. community doesn’t like a decision of the Supported and funded by advertisers, Responding to concerns about Board doesn’t mean there is inadequate creative agencies, media buying and the process, we introduced the enforcement. placement agencies and the media, the Independent Review mechanism system meets world best practice in during 2008. We are delighted to have Critics state that particular decisions advertising self-regulation. the Hon Deirdre O’Connor as our show that the Board is ‘out of step’ inaugural Independent Reviewer. Th e with community standards. Our Th ere are signifi cant benefi ts to industry, Independent Review process provides commitment to robust Board decisions consumers and government from a mechanism for people concerned is refl ected in several ways, including self-regulation. Codes that form the basis about the process and outcomes to get in the composition of the Board. of the system can be easily and quickly an impartial opinion, and possibly a During 2008 the Board was expanded amended to refl ect changing community diff erent decision by the Board. to 20 members. It is a balance of standards and concerns. An accessible, men and women and its members transparent and prompt system also Lack of enforcement powers is a criticism bring a diverse mix of professional, means complaints are heard quickly, with of any form of self-regulation. In reality social and cultural views to Board complainants and industry able to have the advertising self-regulation system decisions. It is not diffi cult to see that their points of view put forward and achieves outstanding compliance through changing community standards are heard by the independent Board without cooperation. Th e ASB has an impressive being refl ected in Board decisions having to navigate a complex and time record of working with advertisers and – particularly decisions around the consuming government process. In 2008 the media to ensure compliance with depiction of women. We look forward the AANA made signifi cant changes Board decisions – industry has a record to continuing to meet the challenges of to its Codes broadening the scope of of virtually 100 per cent compliance. 2009 and beyond.
4 Review of Operations 2008 Executive report Advertising Standards Bureau Board of Directors
Th e Advertising Standards Bureau is a limited company headed by a Board Board of Directors of Directors. Under the Constitution of the Advertising Standards Board, Ian Alwill Jane Emery there must be between three and Chairman, ASB Director, ASB six directors of the company that is Director – Group Marketing & Managing Director, Grey Worldwide the Advertising Standards Bureau Communication, Nestle Australia (the ASB). Leigh Clapham Hayden Hills Th e Board of Directors is responsible Director, ASB Director, ASB for management of the business of the Vice-President Australasia, Business Management Consultant ASB consistent with the objectives MasterCard International of the ASB. Michael Duncan John Sintras Th e Bureau Board is responsible, with Director, ASB Director, ASB the CEO, for the corporate governance Agency Client Director, Chief Executive Offi cer, of the Advertising Standards Nova 106.9 Radio Starcom Media Vest Group Bureau. With strategic, fi nancial and operational concerns within its purview, it is anxious to improve the operation Meetings of the ASB with the aim of positioning ASB as the foremost complaints Th e Board of Directors met 7 times during 2008. resolution body for advertising in Australia. Board member Position Meetings attended Period of membership Ian Alwill Chairman 7 December 2004 (continuing)
Th e Bureau Board has the integrity Leigh Clapham Director 0 December 2005 to June 2008
of the advertising self-regulation system Michael Duncan Director 7 November 2001 (continuing) at heart. It insists on absolute separation Jane Emery Director 5 March 2008 to February 2009 between the work of the Bureau Hayden Hills Director 7 December 2004 (continuing) Board and that of the Advertising John Sintras Director 7 December 2005 (continuing) Standards Board.
Executive report Review of Operations 2008 5 10 years | 1998–2008
Th e Advertising During the past ten years we Th e fi rst Executive Administrator was Standards Bureau have grown, achieved goals we set Helen Fraser who led the secretariat for ourselves and reached important and administrative team from early was created in 1998 milestones. Th e people and the 1998 to December 1999. Th e position following the adoption activities involved over the past decade of Executive Director was then taken have contributed to the vibrancy and on by Heather Oswald during 2000. of advertising self- resilience of the organisation. regulation in Australia. Between 2001 and 2005 the Advertising Th e head of the organisation has Standards Bureau secretariat was changed several times during our ten managed by a range of administrative years of operation. and consultative staff who were led by the Bureau Board Chairman Th e fi rst Chairman of the Advertising Robert Koltai. Standards Bureau was Robert Koltai. He remained in the Chairman’s role A consultant to the Advertising until July 2005. Th e role was handed Standards Bureau, Collin Segelov, over to current Chair of the Bureau played a leading role in managing Board, Ian Alwill in September 2005. the complaints process from early 2001 to September 2003. He retired from his position as Executive Director of the Australian Association of National Advertisers in 2008.
6 Review of Operations 2008 10 years of operation 10 years | 1998–2008 Ten years and growing
Th e fi rst and current Chief Executive Since 1997 other Board members Offi cer of the Advertising Standards appointed to the Board are: Bureau, Fiona Jolly, was appointed in October 2005.
Inaugural members appointed to the Tanveer Ahmed Paul McCarthy Advertising Standards Board in June (continuing, appointed August 2006) (continuing, appointed August 2006) 1997 were: John Bokor Paula McNamara Joanna Cohen (August 1999 to August 2008) (continuing, appointed August 2008) (continuing) Th e Hon. John Brown AO JaneMaree Maher Trisha Goddard (continuing, appointed May 1998) (continuing, appointed August 2008) (retired September 1998) Sibylla Budd Roy Masters Sara Henderson (continuing, appointed August 2006) (May 1998 to July 2006) (retired late 1999) Julia Carland Gary Rice Tom Keneally AO (May 2004 to July 2006) (continuing, appointed August 2008) (continuing) Graham Cox Graham Rixon Mary Kostakidis (August 1998 to July 2006) (continuing, appointed August 2008) (retired July 2002) Barbara David Natasha Stott Despoja Geoff Lawson OAM (continuing, appointed August 2008) (continuing, appointed August 2008) (retired July 2006) Khoa Do Josephine Tiddy Catharine Lumby (continuing, appointed August 2006) (continuing, appointed August 2006) (retired August 2008) Ann Drummond Emma Tom Wendy McCarthy AO (continuing, appointed August 2006) (May 2003 to August 2008) (retired March 2002) Rachel Grant Craig White Margaret Pomeranz (continuing, appointed August 2008) (continuing, appointed August 2008) (retired July 2002) Sophie Killen Helen Wicks Brian Sweeney (continuing, appointed August 2006) (continuing, appointed August 2006) (retired October 2004) John Konrads Liz Wise Carmel Travers (May 1998 to August 2008) (May 2001 to July 2006) (retired August 2002) John Lee Kate Williams (continuing, appointed August 2006) (retired July 2002)
10 years of operation Review of Operations 2008 7 1998 Th e Advertising Standards Board 1999 Notable cases opened its doors to complaints in Th e fi rst public awareness campaign — A television advertisement in which January 1998, with the Advertising of the complaint service led to a large the statue of the Virgin Mary is featured Claims Board following soon after. increase in complaint numbers. weeping in a darkened church, followed by a voiceover saying: ‘Feeling lonely? Advertisers and agencies began Th e total number of complaints Well, you should have gone to Th redbo’. supporting the new system by received was 2065, an increase of 42% Th e Board determined the advertisement voluntarily contributing to the levy on the previous year’s numbers. constituted vilifi cation on the basis of system. religious belief and subjected a central Complaints about food products icon of the Catholic faith to ridicule. Th e fi rst Board meeting to consider was again the leading category of complaints was held early in the complaint, although the percentage — A television advertisement in which year with inaugural Board members dropped to 11.4% of all complaints a farmer repeats the word ‘bugger’ in attending. Some other Board from its high of 16.7% in 1998. response to various mishaps. Th e Board members were appointed during 1998 dismissed complaints, taking the view to join the inaugural members in their Th e Board considered 445 that the word complained about was an deliberations. advertisements with television expression in widespread and innocuous remaining most complained use in the Australian community and In 1998 the majority of complaints about medium. had lost its stigma to its original, were about television advertisements. literal defi nition. Food was the leading category of complaint, with female complainants outnumbering male. 1999
Th e ASB received a total of 1382 IF YOU FIND AN AD IF YOU FIND AN ADD complaints about 267 advertisements in 1998. Five of the advertisements considered by the Board were responsible for a total of 269 complaints.
Notable cases — A television advertisement for VI LENT, SE IST, crisps depicting an animated stick fi gure driving a bus, full of Asian tourists, around an Australian town was found
to discriminate against people on the Austral International basis of race. AANA2248/C WRITE TO US. WRITE TO US. AANA2248/B International Photographic Library The Advertising Standards Board has been set The Advertising Standards Board has been set — A television advertisement which up to help maintain standards in advertising. So up to help maintain standards in advertising. So if you find an ad overtly sexist, violent or in some if you find an ad overtly sexist, violent or in some way offensive you can bring it to the attention of way offensive you can bring it to the attention of depicted a frustrated parent and the Advertising Standards Board by writing to 97 the Advertising Standards Board by writing to 97 Northbourne Avenue Turner ACT 2612. You can also Northbourne Avenue Turner ACT 2612. You can also distressed child held up in traffi c was fax your complaint to (02)6262 9833,or complain fax your complaint to (02)6262 9833,or complain online at www.advertisingstandardsbureau.com.au online at www.advertisingstandardsbureau.com.au found to not breach the Code, but came close to depicting material contrary to prevailing community standards on ASB’s fi rst public awareness campaign in 1999 health and safety.
8 Review of Operations 2008 10 years of operation 10 years of headlines 2004 2000 Notable cases BAKERY UNDER Th e work of the Board involved — Th e Board upheld complaints about FIRE OVER SINGING increased attention to outdoor a billboard advertisement showing a NUN AD advertising with complaints high seated woman with her legs apart and 8 December 2004 – Th e Age about two advertisements which her underpants on display. A fully clothed …a complaint had been made refl ected the community concern man, whose head is out of frame, stands to the Advertising Standards about the portrayal and use of sex, in front of the woman and holds her Bureau (ASB) that the recently sexuality and nudity in advertising. chin in line with his groin. Th e Board launched “Give us this day our believed the image was highly sexually daily bread” television commercials Complaints about television suggestive and was inappropriate for the discriminated against nuns. advertising remained highest with broad audience available to a billboard the fi rst complaints about advertising advertisement and upheld complaints. on Pay TV also received in 2000. Th e media contractor which owned the Th e trend of female complainants billboards stepped in and removed the continued, with complaints from advertisements. females outnumbering those from 10 years of headlines 2005 men by about three to one. — A billboard showing a woman INDUSTRY MAY alighting from a car wearing a short CURB JUNK FOOD Clothing advertisements overtook skirt and strappy sandals. Her head is out ADVERTISING food as the most complained about of frame and a caption to her right read: Julian Lee – 16 June 2005 – product category, with a total of ‘Yes, God is a man’. Th e Board considered Th e Sydney Morning Herald 2558 complaints received about 392 that this advertisement was not Th e marketing industry is advertisements. unnecessarily sexually explicit and also considering a separate advertising that portraying a woman as attractive code for food manufacturers in its Th e ASB also adopted a new logo did not constitute discrimination or drive to curb junk food advertising moving from stylised (ASB) to the vilifi cation of women. Th e Board also and allay consumer fears about current triangular logo. agreed that the text was clearly not rising obesity. a statement of fact but a provocative tongue-in-cheek remark and dismissed complaints.
2000
Old logo New logo
10 years of operation Review of Operations 2008 9 2001 Th e organisation registered its ‘Imagine this child being raped or — A television advertisement with the domain name in August 2001 – murdered’. Beneath the photograph the text highest number of complaints in 2001 www.advertisingstandardsbureau.com.au read: ‘Th en imagine society rewarding the depicted a young male queuing for service criminals by giving them money... just like at the bar, repeating his intended order: A selection of case reports were fi rst it does when our virgin forests are raped ‘Two gin and tonics, two vodkas, and a uploaded to the website later that year. and our wildlife murdered’. Complainants scotch’. When he eventually reached the Th is provided greater access to the public, found the analogy between child rape and bar, he stared at the barmaid and said: advertisers, media and government to the murder and the deforestation of virgin ‘Five Cougars thanks’. Th e shot changed decision making process. bushland to be excessive and in bad taste, to show his point of view – the large- as well as distressing. breasted barmaid was seen wearing a Th e number of complaints received in top with ‘Cougar Bourbon’ emblazoned 2001 fell away to 1705. Although the Th e Board deplored the use of the across her chest. Complainants found number of advertisements complained photograph and wording in the the advertisement sexist, off ensive and about also dropped to 369, the number context used and determined that the demeaning of women, but the Board of determinations to uphold complaints advertisement contravened Sections 2.2 believed most television viewers would were at similar levels to the previous (shall not present or portray violence see humour in the commercial, and year (six upheld in 2001 and 8 in 2000). unless it is justifi able in the context of the determined that it did not contravene the product or service advertised) and 2.5 of Code in relation to the portrayal of sex/ Notable cases the Code (shall only use language which is sexuality/nudity. — A print advertisement for timber appropriate in the circumstances and strong venetian blinds used a colour photograph or obscene language shall be avoided. of a young child with the text reading:
2002 In January 2002 the Advertising Th e year 2002 also saw the lowest the norm, in this case complaints from males Standards Bureau offi ce moved from number of complaints received (1572) were nine per cent higher than complaints Sydney to Canberra. As with many in the 10 years of operation, the lowest from females. Th e Board considered that peak industry bodies, it was decided it number of determinations to uphold the act portrayed in the advertisement was would be sensible to be have more ready complaints (11), which could be refl ected legal and though it may off end some people, access to Parliamentarians, government in the number of advertisers opting a prevailing community standard also offi cials and other related agencies. to withdraw advertisements before a includes tolerance and determined that it Interest has continued to be shown by Board consideration (6). Th e number of did not contravene the Code. Federal government about advertising advertisements complained about (300) regulation in Australia. was also down on the previous year. — A television advertisement from Unilever for its Magnum Ice Cream tub Th e introduction of the Voluntary Th e introduction of the website in the depicted a bedroom scene with a man and Code of Practice for Motor Vehicle previous year and the option of complaint woman embracing and moving toward Advertising, adopted by the Federal by email was starting to pick up, with the bed. Th e woman reaches for a knife and Chamber of Automotive Industries, 47 per cent of all complaints received by brings it down, striking through a tub of also occurred in 2002. Th e new Code email, compared to 10 per cent in 2001. ice cream. A second version shows the man’s was endorsed by a meeting of Federal, alarmed face. In this case the advertiser State and Territory Transport Ministers. Notable cases voluntarily discontinued use of the second Th e fi rst advertisement considered — An outdoor advertisement for Levi version and rescheduled the advertisements under the FCAI code by the Board was Strauss depicted fi ve women in a restroom, to show only after 8.30pm. With this in in December 2002. with two of them kissing. In a reversal from mind, the Board dismissed complaints.
10 Review of Operations 2008 10 years of operation 2003 As a supplement to the AANA All complaints received are assessed Notable cases Advertiser Code of Ethics, this year for compliance with the AANA Code — Th e most complaints in 2003 were saw the development of the AANA of Ethics as well as being forwarded to received about an alcohol advertisement Code for Advertising to Children. a separate Board for review under the which featured a tongue leaving a Th e Code was developed as a key Alcoholic Beverages Advertising Code. man’s mouth and travelling by itself component of the advertising until it fi nds a bottle of beer. Th e Board community’s response to public and A revised public education campaign considered that while some people thought political concerns about advertising on radio, television and print, using the the advertisement was in bad taste, the to children. same themes as the original campaign, majority would regard it as fantasy and was supported by industry and run intended to be humorous. Complaints were Th e Advertising Standards Bureau as a community awareness spot. Th e dismissed. was also involved in the National resulting complaint numbers for the Committee for the Review of year were up by more than 1000 from — Complaints about a t-shirt Alcohol. Th e committee report the previous, totalling 2620. Th e rise advertisement aimed at teenagers were recommended the continued saw an increase in complaints about upheld. Th e advertisement featured consideration by the Advertising language, a substantial decrease in teenagers riding BMX bikes, jumping Standards Board of complaints complaints about food and clothing, but off ramps and into bushes – only one relating to alcoholic beverages. a continued 100 per cent compliance rider wore a helmet. Th e Board view was with Board determinations. that the actions shown were contrary to Th is system for complaints about prevailing community standards relating alcohol advertising continues today. to health and safety.
2004 Looking at the advertisements of 2004 Th e ASB began considering cases about — Th e norm over the years is for women which attracted the largest number of the AANA Code for Advertising to to complain more than men about complaints, all fell into one of three Children in 2004. Th is specifi c Code gender-based discrimination, but an categories – sex, discrimination and is to ensure that advertisers develop advertisement for a car where a woman violence. Additionally, all of the most and maintain a high sense of social is shown looking in rear view mirror complained about advertisements were responsibility in their advertising at men’s crotches attracted around 30 television commercials. targeted at children. complaints, the majority from males. A government advertising campaign about Th e discriminatory portrayal of people, Notable cases domestic violence also attracted a large particularly on the basis of gender, was — An alcohol advertisement showing number of complaints, 80 per cent from the issue most complained about in people using cane toads as golf balls males who felt the commercials presented 2004, receiving more than 36 per cent of promoted received the highest number an image of all men as violent. all complaints. of complaints for 2004, consequently complaints logged under the violence Th e year saw a signifi cant increase in category rose markedly. Due to the advertisements withdrawn before being overwhelming public response to this considered by the Board (20), with advertisement, it was also responsible the complaints process itself drawing for promoting alcohol to the leading industry attention to the public’s product category receiving complaints. response to advertisements. Th e advertiser withdrew the advertisement before it was considered by the Board.
10 years of operation Review of Operations 2008 11 2005 2006 More than half of all complaints with annual statistics, media releases Highest number of complaints (4,044) in 2005 fell into two categories – and updated Board member profi les. for the ten years of operation, with discrimination and portrayal of sex, 516 advertisements considered by the sexuality and nudity. Th e ASB also introduced a new look Board. Th e most complained about with branding and design advice and issue was discrimination and vilifi cation Th e Advertising Standards Board work by CRE8IVE. Th e branding (23 per cent), although it was only received complaints about four remains in place today. slightly ahead of sex, sexuality and advertisements under the AANA nudity (22 per cent). Code for Advertising to Children. Notable cases Issues considered by the Board — One advertisement which raised For the fi rst time membership of the included whether the advertisements the ire of the Board was a print off ering Advertising Standards Board was open breached the Code in relation to: featuring pictures of a porn DVD which to members of the public. In March • undermining the authority, was for sale. Th e DVD cover contained the ASB called for applications for responsibility or judgment of images of naked women and in the additional members through a public parents or carers Board’s view were pornographic, highly advertisement and selection process. • creating a false or misleading eroticised, not artistic and not sensitive On completion of the selection process impression in the minds of to the relevant audience of a daily the Board increased from 12 to 16 children about the nature of the newspaper. Th e Board noted the use of full community members. product, and frontal nudity and explicit pornographic • making the terms of the off er clear. language in the DVD titles which were In its work to provide a best practice also not appropriate. model for advertising complaints Th e levy system was changed to an ‘opt resolutions, the ASB joined the out’ system in 2005 whereby levy was — A television road safety European Advertising Standards charged to all advertisers unless they advertisement featuring a speeding Alliance in 2006. Th is membership specifi cally ‘opted out’. Although this car hitting a mother walking her baby provides access to international system was introduced, a very low level in a pram received a large number of counterparts (self-regulatory agencies) of opt out decisions saw the fi nancial complaints. Th e baby is shown being and support and information for further security of the ASB continue. thrown from the pram, screaming while development of Australia’s system in the mother lies motionless on the ground. line with international standards. A new system was introduced to Th e powerful, graphic images struck a the Advertising Standards Bureau chord with viewers and the Board, but Th e fi rst research into awareness of the through which all the case reports for the Board noted that despite the display ASB and the advertising self regulation decisions from Board meetings were of graphic violence it was justifi ed given system conducted by the ASB since able to be loaded to the website, along the cause it was promoting. its inception was undertaken in 2006. Th e research tested public awareness about advertising self regulation and about lodging complaints 2006 against advertisements. Results were encouraging, fi nding that 78 per cent of the respondents believed the role of the ASB was important.
12 Review of Operations 2008 10 years of operation 2007 was exempt until 1 March 2007. From Secondary research was conducted Th e ASB web-based complaints that date all advertising and marketing to gauge industry awareness, management system, introduced for food and drinks was expected to understanding and support of the self- in 2006, was further streamlined comply with the code or risk having regulatory system with a majority aware with the introduction of an online complaints upheld against it. Among of the Code of Advertising to Children complaints lodgement system. Th e the provisions of the new code, (89 per cent) and the Advertiser Code online system eff ectively directed advertising for food and beverages was of Ethics (81 per cent). complainants to the most appropriate not to undermine the importance of agency in the fi rst instance, reducing healthy and active lifestyles and the During 2006 the ASB initiated a the complaints received about issues promotion of healthy balanced diets, quarterly newsletter AdStandards outside the ASB charter to a third nor make unsubstantiated health and News. Th is was distributed to industry of those received in the year before nutritional claims. and government stakeholders with – from 1,212 to 577. Th e total number information about complaints, trends in of complaints received was 2,602, Notable cases Board decisions, interviews with Board equating to 446 advertisements. — Th e animated character Shrek came members and information about current in for debate under the Advertising to advertising self-regulation issues. A signifi cant project during 2007 Children Code and was the fi rst series was research which assessed the of advertisements to be considered under Notable cases Board’s decisions against community the Food and Beverages Code. Th e — An advertisement which complainants standards. Th is research was the fi rst Board examined seven advertisements believed depicted dangerous antics was of its kind conducted in the world in all featuring Shrek, with complainants found to breach the Code in relation to safe relation to advertising and was well concerned they encouraged children behaviour in the use of public transport received by industry, government and to engage in pester power. Th e Board and other vehicles. A young man drinking the media. Th e research showed that determined that use of a cartoon character a soft drink was shown leaning out of a Board decisions were broadly in line or an off er of a toy in an advertisement moving bus collecting witches hats before with community standards. did not, of itself, breach the code and climbing onto its roof. Th e man was noted that none of the advertisements propelled into the ocean when the bus came An internet advertising position paper contained any direct appeal to a child to a halt at the beach. was developed and published to alert to ask a parent to buy the product. industry to the changing jurisdiction of — Th e word ‘bloody’ used by a daughter the ASB. Th e medium was introduced — A road safety advertisement, and mother in an advertisement to the Board’s jurisdiction in June 2007. known as the ‘Pinkie’, received a high for chicken caused a large number of Th e ASB received about 25 complaints level of complaints as well as much complaints. While the Board recognised regarding internet advertisements media coverage and discussion on social that some people in the community would between June and December 2007. networking forums. Complainants were be off ended by use of the word, it noted that concerned that it discriminated against the advertisement had been classifi ed as Th e Advertising Standards Board the target audience – young males. Th e PG and also shows the child being chastised began applying the food and beverages Board accepted that it was legitimate by the adult for using inappropriate code, where relevant, in addition to the for the campaign to focus on young men language. Th e Board also considered the AANA Advertiser Code of Ethics and and considered it was not a depiction word is part of the Australian vernacular Advertising to Children, to complaints that was discriminatory or vilifying of and is used colloquially. from 1 March 2007. Th e new food and young men. Th e Board considered that beverages code came into eff ect on the use of the sign in this advertisement 1 November 2006, but as part of the was consistent with the message that phasing in of the code, advertising that the driving behaviour demonstrated was already existed or was in-production not ‘cool’ or desirable.
10 years of operation Review of Operations 2008 13 Achievements against objectives and highlights
Mission To provide a well respected, eff ective and independent advertising complaints resolution service which benefi ts the community, industry and government by keeping advertising standards in line with community values.
Strategic Objectives Th e Advertising Standards Bureau Board, in the context of the Advertising Standards Bureau’s role of running the advertising self-regulation system and the dynamic advertising and regulatory landscape, identifi ed the following strategic priorities.
14 Review of Operations 2008 Objectves Position the ASB as the foremost body Objective 1 for self-regulation of advertising in Australia.
Highlight • Effi cient compliance and monitoring • Eff ective industry and Gold standard in advertising consumer awareness self-regulation Our work with overseas and Australian bodies continues. Th is includes the Other work European Advertising Standards Alliance (EASA), as well as Australian — Provided — In 2007–2008 the and other international agencies involved in advertising self-regulation. information to ASB received complaints Secretariat for the about a number of At a meeting of the World Federation of Advertisers (WFA), the Advertising Advertising and billboards and worked Standards Bureau and the Australian Marketing Practices closely with the Outdoor Association of National Advertisers State and Territory Media Association. Th e scored 100 per cent compliance with the WFA’s gold standard for advertising Working Party and work proved to be of and marketing communications the Fair Trading benefi t to both agencies. self-regulation. Australia’s self-regulation system met what the Operations Advisory Information from the WFA has declared to be the 10 essential Committee. OMA helped the ASB criteria for gold standard status: • Universality (covering all advertising identify advertisers and and backed by advertisers, agencies the location of billboards and media) resulting in faster • Sustained and eff ective funding • Effi cient and resourced complaint resolution, administration while information • Universal and eff ective codes • Advice and information provided by the ASB • Prompt and effi cient to the OMA about the complaint handling • Independent and impartial nature of complaints adjudication helped OMA develop • Eff ective sanctions • Effi cient sanctions policies for its members.
Objectves Review of Operations 2008 15 Objective 2 Provide a best practice complaints resolution service.
Highlight: Other work
Introduction of Th ere are three grounds for review — Timely Independent Reviewer of determinations. Where new or management of the An independent review process for additional relevant evidence which Advertising Standards Board decisions could have a signifi cant bearing on case load during a time was implemented in April 2008. As the decision becomes available, where of high media and part of our ongoing commitment to there was a substantial fl aw in the international best practice in advertising Board’s decision, and where there was a community scrutiny self-regulation, we undertook research substantial fl aw in the process by which due to a number of and analysis of EASA and other the decision was made. high profi le cases. international approaches to appeals and review. During 2008 four advertisers and two complainants accessed the independent — Successfully From this information we implemented review process. Of these requests, negotiated with an independent review process and two were not accepted as cases due to appointed Ms Deirdre O’Connor the request arriving past the allotted advertisers to as our fi rst Independent Reviewer. review request time and the other was maintain record of Ms O’Connor is a lawyer who, in a request for review from a person who addition to many judicial appointments was not the original complainant. full compliance with since being admitted to the NSW Board determinations. Bar in 1980, was the fi rst female Of the four reviews conducted appointed as a Justice of the Federal the Independent Reviewer Court of Australia, President of the recommendation confi rmed two of Administrative Appeals Tribunal and the determinations made by the Board President of the Australian Industrial and recommended that the Board Relations Commission. review two of its determinations. In reviewing its determinations, the Board changed its view in one of the cases and maintained its view about the other case.
16 Review of Operations 2008 Objectves Objective 3 Raise and maintain awareness and profi le of the ASB
Highlight: Other work
Launch of ‘Tell someone who cares’ — Interacted public education campaign extensively with A series of ‘Tell someone who cares’ advertisements was launched on 9 July media to explain the 2008. Th e campaign was screened fi rst complaints handling on television on Sunday 13 July 2008 Tom Keneally and since then has appeared on the process, determinations television, in newspapers and on the made by the Board, radio. and to take part in the
Th e campaign was in response to general debate about research, conducted by us in November the role of the ASB 2006, which showed that awareness self-regulation system. levels of ASB should be improved to ensure that people knew who to tell The creative team from George Patterson Y&R (Melbourne) (from left) Mr Paul Meates, Mr Adrian Mills when they wanted to complain. and Ms Vanilla Stener. — Achieved a high level take up of the new Th e campaign highlights the complaints process available through ASB advertisements the Advertising Standards Bureau across television radio and received support from Minister for Broadband, Communications and print media. and the Digital Economy, the Hon. Senator Stephen Conroy as well as — Continued the advertising industry itself. George Board members (from left) Paul McCarthy, Dr Josephine Tiddy, Tanveer Ahmed (obscured), Ann Drummond sponsorship of industry Patterson Y&R in Melbourne provided and Sophie Killen were among guests at the launch. pro-bono work on the concept and advertising and creative aspects, while media outlets media awards. provided free and discounted placement of the advertisements.
Objectves Review of Operations 2008 17 Objective 4 Ensure a robust and respected decision-making body
Highlight Other work
Appointment of new Board members Th e Board is based on a community — Research conducted In 2008 we increased the number of representative model. It does not into discrimination and Advertising Standards Board members include experts or lobbyists from to 20 with the appointment of eight industry or consumer groups. Th e vilifi cation, aspects of new members. role of the Board is to be aware commercial freedom of of the community views and, as Th e new members, selected from a members of the various parts of the speech and began work public application process, attended community themselves, decide whether on violence research. their fi rst offi cial Board meeting advertisements contravene community in September 2008. More than 150 standards on specifi c matters. applications were received in the — Conducted a recruitment process. Board training day for new and continuing Board members which included presentations from industry, researchers and ASB staff .
18 Review of Operations 2008 Objectves Objective 5 Ensure eff ective outcomes of the self-regulation system
Highlight Highlight Other work
Adoption of two Board meetings Involvement in Senate enquiry — Met with Federal each month Recommendations of a Senate and State Government As an organisation we are continually Standing Committee on Environment, evolving in line with community, Communication and the Arts report representatives to government and industry requirement on sexualisation of children added ensure continued and as part of our constant work momentum and support to work being to improve Australia’s advertising done by the Advertising Standards support of the levy. complaints system, two Board meetings Bureau. are now held each month. Th e report off ered a balanced and Part of the reason for moving to more appropriate way forward for the frequent Board meetings was a gradual continuation of advertising self- increase in complaints over the past regulation in Australia. It recognised two years and a signifi cant increase the work the ASB had done. Some of following the launch of the ASB the recommendations included in the public education campaign. Another report had already been implemented, reason is to increase timeliness of the including community consultation consideration of complaints. and research to act as benchmarks for Advertising Standards Board Th e new system of holding more determinations. regular Board meetings began in October after induction of our new Board members in September.
Objectves Review of Operations 2008 19 10 years | 1998–2008 Ten most complained about advertisements between 1998 and 2008
1. 156/07 – Nando’s Australia Pty 4. 313/06 – Quit Victoria (TV) – 8. 198/03 – Lion Nathan Aust Pty Ltd (TV) – woman in business suit Mouth Cancer – a woman is shown Ltd (TV) – Tooheys Extra Dry (TV) – describes how she can’t aff ord to have with the eff ects of mouth cancer Quest-tongue goes in search of beer. cravings at work. She is then seen Grounds for complaint: section 2.1 – Grounds for complaint: section 2.6 – pole-dancing and wearing a g-string Discrimination or vilifi cation – Gender Health and safety in a club. Board determination: Dismissed Board determination: Dismissed Grounds for complaint: section 2.1 – Number of complaints: 205+ Number of complaints: 165+ Discrimination or vilifi cation Gender Board determination: Dismissed 5. 118/04 – Lion Nathan Aust Pty 9. 242/05 – Holden Ltd (TV) – 2 Number of complaints: 355+ Ltd (TV) – Tooheys New – golfers TV ads – (1) naked couple (genitals clubbing cane toads over NSW border obscured) leave house, drive car and walk 2. 410/06 – Stuart Alexander & Co Grounds for complaint: section 2.1 – among shoppers who are clearly startled. Pty Ltd (TV) – Mentos Ice Chewing Discrimination or vilifi cation – Gender (2) naked couple drive to charity bin to Gum – man’s nipples get longer as he Withdrawn/discontinued dump clothes not needed anymore eats Mentos as he walks around town before Board meeting Grounds for complaint: section 2.3 – Grounds for complaint: section 2.1 – Number of complaints: 205+ Portrayal of sex/sexuality/nudity Discrimination or vilifi cation – Gender Board determination: Dismissed Board determination: Dismissed 6. 284/05 – Advanced Medical Number of complaints: 165+ Number of complaints: 280+ Institute (TV) – Sniff n Stiff – two men in tuxedos standing behind grand piano 10. 259/02 – Levi Strauss (Aust) Pty 3. 20/07 – Advanced Medical – they drop pants and undies and start Ltd – Women kissing in toilet – various Institute (Billboard) – Want longer playing the piano with their penises. composite images of same girl (Chloe) lasting sex? Grounds for complaint: section 2.1 – – “diff erent fi ts for you”. Grounds for complaint: section 2.5 – Discrimination or vilifi cation – Gender Grounds for complaint: section Language – use of off ensive language Board determination: Dismissed 2.1 – Discrimination or vilifi cation – Board determination: Dismissed Number of complaints: 195+ Religion Number of complaints: 260+ Board determination: Dismissed 7. 95/08 – Kimberly-Clark Aust Number of complaints: 165+ NOTE: Th is billboard was reconsidered Pty Ltd (TV) – Kotex U – beaver in 2008 (see case 278/08) and the Board accompanies young woman on daily determined to uphold complaints. activities “You only have one of them, so look after it” Grounds for complaint: – section 2.1 – Discrimination or vilifi cation – Gender Board determination: Dismissed Number of complaints: 185+
20 Review of Operations 2008 Advertising Standards Board
Australia’s advertising Th e Board members are individually Board meetings self-regulation and collectively independent of the advertising industry and discharge Th e Board holds regular meetings as system depends on the their responsibilities with fairness, well as convening to consider urgent dedication, composition impartiality and a keen sense of matters. In 2008 the Board met 18 times. prevailing community attitudes. and independence After the appointment of new Board of the Advertising Th e Board’s task is often diffi cult and members in August, bringing the Standards Board. the determinations made will not number of members to 20, the Board and cannot always please everyone. began holding two regular monthly When considering complaints about meetings. Th is was adopted due to Th e Board includes advertising, the Board is bound by the increasing number of cases which 20 people from a broad section 2 of the Australian Association needed to be considered and to further of National Advertisers (AANA) Code minimise the time taken between range of age groups of Ethics. Th e AANA code determines complaint receipt and determination. and backgrounds and what issues the Board can look at when considering complaints. Th e position of Chair is rotated is gender balanced among Board members on a meeting- – representative Membership of the Board is on a fi xed by-meeting basis. Th e Chair for of the diversity term basis. New appointments are each meeting is generally set at the staggered to ensure it retains a mix of beginning of each year but can be of Australian society. corporate knowledge and at the same varied to accommodate changes in time introducing people with diff erent individuals’ schedules. experiences, views and skills. Board members must disclose any 10 years of headlines personal interest in a matter that is the “WOMEN ON subject of a complaint. Th e member WARPAT H” – concerned must withdraw from STANDARDS BOARD IN contributing to the debate and decision FORUM’S SIGHTS OVER and/or approving the case report in POLE DANCER AD relation to those complaints. 22 July 2007 – Sun Herald
Board reports Review of Operations 2008 21 If a Board member’s duties to another Board or organisation require that they breach their duty of loyalty or confi dentiality to the Board for a period of time, then the member must disclose this position to the Board.
A general confl ict with the Board would require that the member withdraw from their duties to the Advertising Standards Board during the period that the confl ict continues. Attendance at Board meetings in 2008 Th e Board reaches its decision by way of a simple majority. In the event of a Th ere were 18 Board meetings held in 2008. tied vote, the Chair has the casting vote. BOARD MEMBER MEETINGS ATTENDED 10 years of headlines Tanveer Ahmed 10 (of 18) ADLAND TIGER John Bokor (retired August 2008) 8 (of 9) EARNS STRIPES John Brown 7 (of 18) AT LAST Sibylla Budd 11 (of 18) Simon Canning – 3 April 2008 – Joanna Cohen 11 (of 18) Th e Australian Barbara David (appointed August 2008) 4 (of 8) It is diffi cult to believe, but in the Khoa Do 8 (of 18) 10-year history of the advertising Ann Drummond 16 (of 18) watchdog, no one ever thought Rachel Grant (appointed August 2008) 6 (of 8) the system should have a review Th omas Keneally 9 (of 18) process in place to consider the Sophie Killen 15 (of 18) voice of those that disagreed. John Konrads (retired August 2008) 9 (of 9) John Lee 10 (of 18) Catharine Lumby (retired August 2008) 3 (of 9) JaneMaree Maher (appointed August 2008) 6 (of 8) Paul McCarthy 17 (of 18) Paula McNamara (appointed August 2008) 5 (of 8) Gary Rice (appointed August 2008) 7 (of 8) Graham Rixon (appointed August 2008) 7 (of 8) Natasha Stott Despoja (appointed August 2008) 6 (of 8) Josephine Tiddy 9 (of 18) Emma Tom (retired August 2008) 9 (of 9) Craig White (appointed August 2008) 3 (of 8) Helen Wicks 16 (of 18)
22 Review of Operations 2008 Board reports Advertising Board members – 2008 Standards Board
Tanveer Ahmed John Bokor Th e Hon John Brown AO Appointed August 2006 Appointed August 1999 – retired Appointed May 1998 Tanveer Ahmed is a psychiatry registrar September 2008 Former Federal Tourism Minister and writer. He is a regular contributor John Bokor is a working artist who also John Brown was a member of the to the country’s major newspapers, manages an art gallery. John graduated Commonwealth Parliament for 13 years. writing on matters social and political. from the National Art School in 1993. Tanveer transiently left medicine for His paintings have been regularly John has been awarded the Olympic a couple of years to pursue a career in exhibited with four solo shows earning Silver Order of Merit and Australian journalism and worked as a television critical acclaim. Institute of Marketing Gold Medal. journalist for SBS in 2003. He was elected a Life Member of the John is in his mid-twenties and Australian Institute of Sport and is He has been chosen by a Prime Minister’s has a strong understanding of, and a member of the President’s Council Committee as one of 100 future leaders enthusiasm for, popular culture as well of the Surf Lifesaving Association. of Australia under the age of 40. Tanveer as an extensive knowledge of literature, He is also the Emeritus Chairman is also a UN ambassador representing fi lm and contemporary art. of Spinesafe and the Transport and men against domestic violence. Tourism Forum. He is also a joint editor of A Public Tanveer has previously been a board of Individuals, a journal of art criticism. Born and bred in Concord in Sydney, member for the Australian Medical John has fi ve adult children and Association, where he was the national 11 grandchildren. representative for training doctors.
Adding to his list of pursuits, Tanveer has also performed comedy as well as playing the role of the Bingo Commissioner on the Channel 7 gameshow National Bingo Night.
Board reports Review of Operations 2008 23 Sibylla Budd Joanna Cohen Barbara David Appointed August 2006 Inaugural Member appointed 1997 Appointed August 2008 Sibylla Budd is one of the young and Joanna Cohen is the editor of fi lm Barbara David has broad experience emerging stars of the acting profession reviewing website, Rotten Tomatoes with both young and mature-age in Australia. She grew up in Canberra and the Marketing Manager for three Australians. Her career has included and moved to Melbourne to study Fox Interactive Media websites. time spent as a high school music at the Victorian College of the Arts, teacher as well as a lecturer and where she graduated with a degree For many years Joanna worked in researcher in social and child psychology in Dramatic Art. marketing and communication at the at the Australian National University. University of Sydney and, refl ecting Since then, Sibylla has shot to her diverse talents, has also managed Barbara has retired from lecturing prominence with her role in the a Sydney rock band, run a small fi lm and is currently reliving the student Australian drama, Th e Secret Life of Us, festival and worked as a freelance writer. experience, undertaking a TAFE although her acting experience extends Diploma in Visual Arts. She was far beyond the popular series. Her other Joanna has a Bachelor of Arts in awarded Arts and Media Student television work has included roles in Communications and a Master of Arts of the Year in 2007. Th e Farm, All Saints, Something In Th e in English Literature. Air, and Kath and Kim. Most recently, Barbara’s passion for informed Sybilla starred in the popular television Joanna has lived most of her life in the investigation of social issues continues series Sea Patrol and Canal Road. inner western suburbs of Sydney but in her ongoing supervision of PhD spent some of her childhood in the students. Th eir research covers topics Sibylla’s fi lm credits include September, central west of New South Wales, and such as the role of modeling (imitation) Th e Bank, Anna Kokkinos’ Th e Book has also lived and worked in London. in children’s gendered behaviour, of Revelation and Th e Bet. Sybilla and the part played by perceptions has also been involved in numerous of capability in the perpetuation of theatre projects. inequality in the workplace.
Sibylla describes one of her most rewarding projects as a documentary she fi lmed with children from remote villages of Tanzania for World Vision Australia.
24 Review of Operations 2008 Board reports Khoa Do Ann Drummond Rachel Grant Appointed August 2006 Appointed August 2006 Appointed August 2008 Khoa Do was born in Vietnam and Ann Drummond was born in Scotland Rachel Grant grew up in Ballina, came to Australia as a refugee when he where she spent her early childhood northern New South Wales, before was two years old. Khoa began working years before her family migrated to moving to Brisbane to complete a in the performing arts in the late 1990s, Canada. Ann lived in Canada for 16 Bachelor of Business Communications developing and producing a number years before moving to Australia in 1975. at the Queensland University of of shows and fi lms. He is now a fi lm She now lives in St Kilda in Melbourne. Technology. director in his own right, having achieved Ann has two grown step-children. signifi cant success in his short career. Since graduating with a major in public Ann has a degree in both theology relations in 1990, she has worked for Khoa’s most recent works include Footy and early childhood education. She a range of organisations including Legends in 2006, starring Anh Do, is a retired Uniting Church minister electricity distributor SEQEB/ Angus Sampson and Claudia Karvan). but continues her involvement as a ENERGEX, fi nancial advisory fi rm His fi rst feature fi lm, Th e Finished People, seminar leader, conducting ‘Code BDO Kendalls, State Government- was a gritty and realistic story about at- of Ethics and Prevention of Sexual owned ICT entity CITEC, and the risk adolescents on the edge of survival. Misconduct’ workshops for clergy of Keep Australia Beautiful Council Th e fi lm won international acclaim and the Uniting Church’s Synod of Victoria (Qld) Inc. In this last role Rachel was was nominated for an Australian Film and Tasmania. responsible for promoting the Tidy Industry Award for Best Direction, and Towns program, Clean Beach Challenge Film Critics Circle of Australia Awards Ann has extensive experience in the and Green & Healthy Schools. Her for Best Film and Best Director. It won fi elds of child education and children’s current clients include the Outback the Independent Film Independent services. She has managed government Festival (Winton, Queensland) and Spirit Award in 2003. programs which delivered services to cable manufacturer Olex. the community for maternal and child Khoa has also worked as a volunteer health, child care, youth development, Rachel has a keen interest in her local with Open Family Australia at and aged and community care. area and is committed to working to Cabramatta in Sydney, assisting at-risk improve facilities and create a sense youths. He was awarded Bankstown Ann is an active member in many of community for her children. She is City’s Young Citizen of the Year Award groups including YWCA Victoria, currently the Secretary of the Parents and in 2002. Khoa was named Young Victorian Women’s Trust and Friends Friends Committee at her son’s primary Australian of the Year in 2005. of the St Kilda Botanical Gardens. school and a volunteer organiser of the school’s social events. Rachel is also a He is currently working on a theatre member of the parent committee at show called Mother Fish and a fi lm Church St Kindergarten and Preschool. called Four Corners which is set inside Australia’s prison system. Rachel lives in Ipswich with her husband and two young sons and is an avid reader when time permits
Board reports Review of Operations 2008 25 Th omas Keneally AO Sophie Killen John Konrads Inaugural Member appointed 1997 Appointed August 2006 Appointed May 1998 – Th omas Keneally is a best-selling, multi Sophie is undertaking a Master of Laws retired September 2008 award-winning author, playwright, at the University of Melbourne and Olympic gold medallist and triple scriptwriter, English professor and works as a policy analyst/researcher at Commonwealth gold medallist, John holder of a number of honorary the Australian Communications and Konrads, brings to the Board extensive doctorates. Tom has written more than Media Authority. experience in industry and sport. 20 novels including Th e Chant of Jimmy Blacksmith and Schindler’s Ark . Previously Sophie worked as a research He has contributed to the evolution fellow at the Centre for Media and of numerous consumer regulations He was the inaugural chairman of the Communications Law at the University and, as an executive for many years Australian Republican Movement and of Melbourne where she researched a of≈a number of high profi le Australian is now a director of the organisation. paper on the control of cross-border companies, has vast experience in tobacco advertising, promotion and marketing and advertising. Tom spent his early years in country sponsorship in a joint project with the towns in northern New South Wales VicHealth Centre for Tobacco Control. John’s experience in sport administration before moving to Sydney. He is She has also worked as a judical has seen him play important roles in married with two children and several associate in the Federal Magistrates the success of the Formula One Grand grandchildren, and is widely-known Court of Australia and as a casual Prix in Melbourne and the Motorcycle as an obsessive rugby league fan. academic in law and media studies Grand Prix on Phillip Island. at four universities. He is now the Director of the Cook + For many years Sophie has been a singer Phillip Park Aquatic Centre in Sydney, in choirs including Th e Australian and a board member of the Black Dog Voices, Canticum, Th e Melbourne Institute. Chorale and most recently, the Sydney Philharmonia choirs. In this capacity, John was born in Latvia and spent Sophie has participated in a number his youth living in Sydney. He has of festivals, concerts and educational also lived and worked in Los Angeles, workshops with children living in Paris and Melbourne, before returning metropolitan and regional Australia. to Sydney. He is married with three adult children. Born in Canberra, Sophie was raised inBrisbane, recently enjoyed three years in Melbourne and now lives in Sydney.
26 Review of Operations 2008 Board reports John Lee Catharine Lumby Janemaree Maher Appointed August 2006 Inaugural Member appointed 1997 – Appointed August 2008 retired September 2008 JaneMaree Maher is Director of the John Lee has worked in senior roles Catharine Lumby is an Associate Centre for Women’s Studies and in both the public and private sectors. Professor of Media Studies at Sydney Gender Research, in the School of He is currently the Director General University and writes regularly for the Political and Social Inquiry, at Monash of the NSW Department of Premier Sydney Morning Herald and Th e Age University in Melbourne. She has and Cabinet which oversees all opinion pages. degrees in Law and Arts (Hons) from activities of the NSW Government the University of Melbourne (1991) including policy formulation, major Catharine has recently authored a and gained her PhD in 1999 from community initiatives and setting the book with her partner, called Why TV La Trobe University. agenda for public sector management. Is Good For Kids, about the impact of television on the development of JaneMaree’s research focuses on John’s previous roles include Director children. She has written widely on birthing, pregnancy, women, family General of the NSW Department of feminism, culture and the media, and life and work. She is currently involved Commerce, CEO of the NSW State is the author of the book, Bad Girls: in research focused on how families Transit Authority, Director-General Th e Media, Sex and Feminism in the manage working and caring. JaneMaree of Transport (NSW) and Head of 90s. Catharine is also a member of the teaches media and popular culture Communications and Marketing at Education and Welfare Committee studies, focusing on gender and power. CityRail. He was a key member of of the National Rugby League. the team that successfully delivered JaneMaree has experience as a board transport for the Sydney 2000 Catharine is the mother of two boys. member in girls’ education and Olympic Games. She was born in Newcastle and has recently participated in the Victorian worked in Adelaide and New York Government Centenary of Suff rage John has spent most of his life based before settling in Sydney. Reference Group, celebrating women’s in western Sydney where he has been right to vote. involved in numerous community and charity projects. He is a current She has three teenage daughters who member of the Council for the Order share her passion for the Essendon of Australia and the Mary MacKillop Football Club. Foundation.
John is married with a young family including two daughters and a son.
Board reports Review of Operations 2008 27 Paul McCarthy Paula Mcnamara Gary Rice Appointed August 2006 Appointed August 2008 Appointed August 2008 Paul McCarthy grew up in Queensland Paula was born in country Victoria and Formerly Managing Director and CEO before moving to Sydney to work has lived in Sydney’s Eastern suburbs of Seven Network Limited, Gary Rice for the Offi ce of Film and Literature since 1993. had a career of nearly 30 years in the Classifi cation in January 2003. television and radio industries. Growing up with parents in the A career public servant, Paul has hospitality industry, she made her fi rst Before taking on the role at Seven, worked in human services policy coff ee at 15 and has worked in a variety he was Managing Director and CEO development, arts policy, censorship of restaurants and cafes in Melbourne, of the Australian Radio Network policy and media regulation, and London and Sydney. Preferring to (formerly Wesgo Limited) and before privacy and complaints handling. work in cafes Paula loves the sense of that he was Managing Director and His work for Commonwealth, State community and familiarity that builds CEO of Network Ten. Gary was with and local governments has included up over time between the regular the Nine Network for several years in consulting with industry and the customers and staff . ‘In a big city that both Sydney and Melbourne which community on a range of projects. can be quite anonymous, cafes can culminated in him becoming Managing While at the Offi ce of Film and be a small haven.’ Director of the Network. He began his Literature he advised on the statutory television career in Ballarat. framework for the application of Paula is also involved in her daughter’s community standards to fi lms, school community and sports club, In a move away from television Gary computer games and publications. which keeps her involved in the became involved in the hospitality community as well as busy while she industry. He has had continued success Paul’s fi rst professional job was as a isn’t studying. with accommodation complexes in therapist in a child guidance clinic and Mooloolaba on Queensland’s Sunshine he has been a member of the Speech Paula is completing her Arts Degree at Coast , where his family-owned Pathologists Board of Queensland. Sydney University, majoring in English company, Oceans Queensland Pty Ltd Literature and has a strong interest is based. Paul is a vegetarian with interests in theatre, fi lm and television. ‘Time in spirituality, holistic health, fi tness, constraints have made television my Gary is also active in the tourism individual rights and fi lm. main form of entertainment and I love industry and is a judge for the documentaries, particularly stories Queensland Tourism Awards. about real people and the challenges life throws our way.’ 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.
28 Review of Operations 2008 Board reports Graham Rixon Natasha Stott Despoja Dr Josephine Tiddy Appointed August 2008 Appointed August 2008 Appointed August 2006 Graham Rixon is currently engaged Natasha Stott Despoja is a former Josephine is the Managing Director in part-time educational consultancy Senator for South Australia (1995-2008) and Principal Consultant of work. He stepped down as Principal and former Leader of the Australian consultancy fi rm, JTCT, specialising of Penrhos College, Perth, Western Democrats. in culture change, investigating and Australia at the end of 2007 – a position resolving complaints from consumers, he held since September 1986. Natasha has made a signifi cant and disputes in the workplace. contribution to a wide range of policy Graham is a passionate educator debates. She was a spokesperson Dr Tiddy was Australia’s longest- and has worked on a number of state on portfolios including foreign serving Commissioner for Equal and national committees aiming to aff airs, higher education, science and Opportunity and Chief Executive of improve the quality of education in biotechnology, Attorney-General’s, the Equal Opportunity Commission in both government and non-government privacy, women, work and family. South Australia for 16 years. schools. Natasha is an Honorary Visiting She was awarded a honorary doctorate He regularly presents workshops, Research Fellow at Th e University by Flinders University in recognition seminars and papers about middle of Adelaide and does a regular radio of her national contribution to the schooling, technology in education spot on ABC Radio Adelaide and a fi eld of administrative law, specifi cally and strategic planning at state, national fortnightly column for Th e Advertiser. discrimination law and social policy, and international conferences. conciliation of complaints and She is a Director of beyondblue and the legislative reform. Graham grew up in Melbourne where, Burnet Institute. along with his career in education, Josephine has written widely he was active with Lifeline and his local Natasha lives in Adelaide with husband on equality, fair treatment and Uniting Church. He moved to Perth Ian and their two children. discrimination. in 1986 with his wife, Meredith and two children. Graham and Meredith Josephine lives in Adelaide where share interests in travel, reading, cycling she is heavily involved in community and≈kayaking. organisations as well as being a serving member of numerous boards and committees.
Josephine enjoys life with her three married children and fi ve grandchildren. She is also a keen participant in the arts, particularly theatre, as well as tennis and swimming.
Board reports Review of Operations 2008 29 Emma Tom Craig White Helen Wicks Appointed May 2003 – Appointed August 2008 Appointed 2006 retired September 2008 Craig is a Police Offi cer and is currently Helen Wicks is a full-time mother Emma Tom is a writer with fi ve in charge of the Gladstone Police of three children who has a long books to her credit, most recently Station in Queensland. association with community Bali: Paradise Lost? which deals organisations in professional and with Australia’s on-again off -again Craig has been awarded both the volunteer capacities. relationship with Bali. Her fi rst novel, National Service Medal for 15 years Deadset, won the 1998 Commonwealth Police Service and the Queensland Helen has been a member of the Writers’ Prize for Asia and the South Police Service Medal for good conduct. Australian Breastfeeding Association Pacifi c for Best First Novel. Her since 1998. In 2005, she qualifi ed as next book, Attack of the Fifty Foot In the past 18 years Craig has served a breastfeeding counsellor and now Hormones, is a survival guide to throughout Queensland including 10 conducts information and discussion pregnancy and will be published by years working in remote communities groups for new mothers as well as HarperCollins in 2008. in Far Northern and Central Western providing her expertise on the Helpline Queensland. During that time Craig telephone advisory service. Emma has worked in radio and was involved in implementing a television, including as a reporter on number of publicly funded projects Helen has been a member of Playgroup Channel Seven’s Th e Late Report. aimed at reducing substance abuse NSW since 1999, and will soon complete In 2001, the Women’s Electoral Lobby and domestic violence. her second and fi nal term as President. awarded Emma the Edna Ryan She is the fi rst country-based member Humour Award for “using wit to Craig is currently involved in a number to serve as President and since becoming promote women’s interests”. She has also of community organisations as well as a member Helen has occupied several received the Henry Lawson Award for being a serving member on numerous committee positions. She was elected Journalism, and currently writes a weekly boards and committees. to the board of Playgroup NSW as the newspaper column for Th e Australian. Country zone representative in 2003 and Craig holds a Masters Degree in in 2006 was elected to the position of Emma, who grew up in regional Business, Graduate Diploma in Human Vice-President. New South Wales, has recently given Resources and a Diploma in Public birth to her fi rst child and is currently Safety (Policing). Helen also has an active role in the completing a PhD at the University church and school communities of Sydney. She is also involved in Craig is married and has three children. in her hometown of Armidale, NSW. community radio and plays in a band He enjoys spending spare time with that has performed to raise money for his family. a number of charities.
30 Review of Operations 2008 Board reports Th e Board’s view Applying the Codes of Practice
When considering complaints about In 2008 the sex, sexuality and nudity In the meantime, section 2.1 is a broad advertising, the Advertising Standards category attracted the highest percentage category which includes discrimination Board is bound by section 2 of the of complaints (25.66 per cent) with or vilifi cation on the basis of race, Advertiser Code of Ethics (Section 2). discrimination and vilifi cation only ethnicity, nationality, sex, disability and Th is code determines what issues the slightly lower (22.85 per cent). Violence age. Th e percentage of complaints about Board can look at when considering followed the top two categories at the portrayal of people in a way which complaints. Th ese issues fall broadly 17.88 per cent. Another grouping which discriminates or vilifi es fell slightly into eight categories: captures “other” legitimate issues in 2008 (from 28.05 per cent in 2007 • discrimination attracted the fourth highest number of to 22.85 per cent). • violence complaints in 2008 (15.88 per cent). Th ere • portrayal of sex, sexuality and nudity was then a drop to language complaints One of the most talked about • use of language (7.26 per cent) and health and safety at advertisements considered in this • health and safety 6.06 per cent. Th e Food and Beverage category was a series of Roads and • advertising to children Code had the lowest percentage of Traffi c Authority advertisement known • motor vehicle advertising complaints at 0.60 per cent and the as the “Pinkie” in which people are • food and beverage Advertising to Children Code second shown bending their pinkies to show lowest at 0.74 per cent. Th e FCAI Code their dislike of speeding. Complainants Following amendments to the Children’s received 3.08 per cent of all complaints. suggested the bent fi nger alluded to Code, consequential amendments to the male genitals and in that way was an Code of Ethics were made during 2008, attempt to humiliate and discriminate. eff ective April 23 2008. Th e amendments Issues attracting complaint Th e Board considered that most people to the Code were: would take the sign to be consistent • Th e expansion of the defi nition Discrimination or vilifi cation with the message that the driving of ‘advertising’ to capture (Section 2.1, AANA Code of Ethics) behaviour shown was not “cool” or ‘marketing communications’ so that Th e Issue of discrimination and desirable and dismissed complaints. direct-to-consumer marketing, such vilifi cation is a complex one in the as product websites or sampling law. Th e Board asked for the Bureau Another series of advertisements activity targeted primarily at to provide advice or guidelines about which complainants considered were children, are subject to the Code. the interpretation of legal standards discriminatory were from Cadbury for discrimination and vilifi cation, and Schweppes for its Solo Strong product. how they may diff er from those in A man was shown with a smaller the Code. Research on this issue was man attached to him and the creative commissioned towards the end of 2008 was based on the slogan “One and a and will be released and form the basis half times the man”. Complainants of advisory guidelines in 2009. suggested the advertisements made
Board reports Review of Operations 2008 31 people of short stature appear inferior One advertisement which the Board Sex, sexuality and nudity and harmed their acceptance in the found was in breach of the code was (Section 2.3, AANA Code of Ethics) community. While the Board agreed from Coca Cola for its “Mother” Th e portrayal of sex, sexuality and the depiction of the person of short drink. Th e television advertisement nudity continues to be a dominant stature was not necessarily negative, depicted a SWAT team crashing issue in complaints about advertising. but shown as a valuable addition to through windows into a laboratory, For the past two years it has been the the power of a tall person, it upheld attacking the workers and destroying most complained about category, with complaints and the advertisement was equipment. Complainants believed 25.66 per cent of complaints in 2008 modifi ed. Th e Board agreed that the the violence depicted was unnecessary and a high 37.91 per cent in 2007. images combined with the slogan did and promoted violence and aggression. suggest that a person of short stature Th e Board agreed that the violence Outdoor advertising made up a sizeable was half a man and that this suggestion depicted was gritty and realistic and proportion of complaints in this was not limited to height, but also noted the look of fear on the faces section. A billboard from the Advanced suggested that a person of short stature of those being attacked. Th e Board Medical Institute was considered again was less of a person. considered that in the context of the after continued high level complaints product being advertised the violence from the public. Th e Board upheld Violence was unacceptable. complaints and the advertiser removed (Section 2.2, AANA Code of Ethics) the off ending billboards among much Section 2.2 of the Code is strictly Complaints about a Wotif media and community interest. worded – there can be no violence advertisement depicting a squid in advertising unless it is justifi able festival in a fi ctional town were 10 years of headlines in the context of the product or service considered under this section of ADVERTISING advertised. Th e advertising of very the code. Competitors were shown BUREAU PUTS BRAKES few products or services realistically bobbing for squid, with one man ON VAN SLOGANS justify the depiction of violence. shown with a squid trapped between 22 July 2008 – Courier Mail However the Board applies this his teeth and black ink spraying on provision pragmatically, and considers his face. Complainants suggested the context of any perceived violence, the advertisement showed blatant Another outdoor off ering from SSL whether the violence is ‘slapstick’, cruelty to animals and was morally Australia for condoms depicted a man animated, shows realistic consequences repugnant and disturbing. Th e Board about to kiss the neck of a woman. etc. Included within this category are was strong in its view that the activity Th e image tested people’s levels of ‘graphic’ depictions of the consequences depicted was graphic and gratuitous acceptability. In dismissing complaints of violence or ‘graphic’ depictions and considered the images did not about this advertisement the Board of the consequences of matters such depict humane treatment of a squid. noted that prevailing community as smoking. It upheld complaints, agreeing that standards support the promotion although there was an intention of condoms and considered that the Th e percentage of complaints about to be humorous, the violence portrayed reference to sex was implied and that violence issues in advertising rose to was not justifi able in the context of condoms are legal products. Th e Board 17.88 per cent from its low in 2007 of the advertisement. also determined that the language used 8.42 per cent. Th e percentage in 2005 was neither off ensive or inappropriate. was 17.38 per cent and 18.01 per cent in 2006. Television advertising showing people engaged in sexual activity also came under some scrutiny.
32 Review of Operations 2008 Board reports An advertisement from Service Central Language Th e Advanced Medical Institute for its carpet cleaning service was (Section 2.5, AANA Code of Ethics) quickly took down a trial billboard modifi ed after the Board determined Complaints about the language used after it received almost 50 complaints the original version contained images in advertising made up 7.26 per cent in an extremely short time for the use which breached the Code. Th e Board of all complaints in 2008, which was of the word ‘bonk’. Th is billboard was observed that a close up on the man’s up from a low of just 1.68 per cent in withdrawn by the advertiser before hand on the woman’s breast was the previous year, but similar to the it was considered by the Board. unsuitable for children to view. Th e percentage in 2006 (7.55 per cent). Board also considered whether the 10 years of headlines advertisement portrayed sex or sexuality Th e word Supercalafreakinawesome BOARD RIGID: ADS with sensitivity to the relevant audience used in a television advertisement GO UP AND DOWN and relevant program time zone noting by Domino’s Pizza Australia resulted Jonathan Dart – 16 November 2008 that it had been shown during the in a large number of complaints. – Th e Sydney Morning Herald correct program time zone, but had not Th e ‘freakin’ part of the word was taken into account the “exercise care” off ensive to many viewers who believed clause of the classifi cation. Th e Board it was an obvious replacement for Health and safety considered the rest of the advertisement another word. Th e Board noted the (Section 2.6, AANA Code of Ethics) and found it to be humorous and not over-the-top caricature of the childlike Complaints about health and safety inappropriate in its portrayal of sex and character Many Toppings was an obvious issues in advertising dropped in 2008, nudity. However on the basis of the parody of Mary Poppins. It also noted down from 10.85 per cent in 2007 to scene involving the man’s hand on the that this theme continued with the use 6.06 per cent. breast, the Board upheld the complaint. of the word SuperCalaFreakinAwesome and considered the word should be A graphic and realistic campaign Another advertisement considered taken in its entirety and not broken from WorkCover Victoria caused under this section was from Virgin into separate parts. Th e Board further concern from the community about the Money and depicted an older couple considered that the word freaking in repulsiveness and disturbing nature of embracing and kissing passionately itself is not an obscenity and when it the images on the outdoor advertising after working in the garden. Th e forms part of a larger word it cannot be and the vision shown in the television Board noted complainants’concerns considered as the substitute for a swear advertisements. One advertisement that the advertisement was a crude word or strong or obscene language. shows a woman with severe burns, representation of an older couple. another shows a man with a blackened Th e Board considered that the Complaints against a campervan hire and swollen eye and the other a man depiction of the couple disappearing company, Wicked Campers, were with an amputated arm. In each case behind the bushes was not off ensive received throughout 2008 about the the Board considered that the image and since only their lower legs were language used on several of its vans. depicted was justifi able in the context visible that it was not an inappropriate Complaints were about both the swear of the service advertised and also that depiction of sexual intercourse. Th e words used and the vulgarity of some the advertisement sent an important Board considered that the depiction of the slogans – some of which the public safety message to young people of both the man and the woman was Board determined overstepped the and their parents, encouraging them a respectful and appropriate portrayal standards that the community would to speak up and ask their employers of a long term relationship. fi nd acceptable. if they are unsure about how to do their job, thereby avoiding or minimising workplace injury.
Activities which seem innocent have also resulted in complaints from the community.
Board reports Review of Operations 2008 33 Ensuring that people riding scooters “Other” issues received the fourth Environmental issues were also or bikes were wearing a helmet (the law highest number of complaints taken up by concerned consumers. in Australia) would have staved off (15.88 per cent) in 2008. Th is category Complaints were received about two complaints about a Qantas Australia includes cases in which complainants television advertisements – a policeman internet advertisement and an Emirates have raised concerns about causing who kicks an empty can away rather Australia outdoor advertisement. Both alarm and distress, environmental issues, than picking it up and putting it in advertisements were found to breach the portrayal of people (occupation), a bin (an animated advertisement section 2.6 of the code simply because and social values. from Red Bull) and also about a man people were not wearing helmets. chopping down a tree (Lion Nathan). Th e Board believed the fantasy situation An advertisement from IKEA also 10 years of headlines in the Red Bull advertisement was caused concern and was found in AD STANDARDS not a realistic or accurate portrayal breach of the Code as it depicted BUREAU A of littering and dismissed complaints. a woman removing a light bulb from ‘TOOTHLESS TIGER’ It also considered that most community a lamp while the lamp is still switched ON SEX members would recognise the on. Th e Board viewed the television 29 November 2000 – Natasha Bita – tongue-in-cheek nature of the Lion advertisement and noted that the Th e Australian Nathan advertisement and would not woman also placed the bulb into another regard the depiction as a serious attack light fi tting. Th e second socket was also on the environment. ‘live’ as the globe immediately lit up. A large number of complaints were Th e Board considered removing and received about a pamphlet from Tell Th e issue of theft was raised by replacing light globes when there is a the Truth Coalition and was considered some complainants in two television live electricity current running through under other issues as causing alarm advertisements. One advertisement the socket to be a dangerous practice and distress. Th e pamphlet dealt with showed a woman wandering around and upheld complaints. abortion and used graphic photographs an art gallery admiring shoes and then of aborted foetuses. In upholding trying on a pair which are part of the “Other” issues complaints the Board agreed that display and walking away in them. In the interests of the self-regulation the images were extremely graphic Another advertisement depicts the system, matters that are raised that and had the potential to cause alarm ‘lifecycle’ of a pen as it is passed from are not strictly within Section 2, but and distress. It considered the images user to user and eventually fi nds its way are unable to be referred to any other could impact negatively on the mental back to its original owner. In dismissing regulatory or self-regulatory body, health of women who had experienced complaints in both cases the Board are often considered by the Board so a miscarriage and that the content of agreed that the advertisements were that complainants are not left without the advertisement had the potential to not advocating stealing and also an entity to consider their complaints. aff ect the mental health of women who did not consider the actions of the Th is type of matter may include have had an abortion or women who characters in the advertisements to complaints about the content of an are pregnant and not happy with their be malicious. advertisement such as depictions of situation. Th e Board further noted the cruelty to animals, causing alarm and possibility that the images could be distress, discrimination on grounds of viewed by young people or children and occupation, and environmental concern. that this would cause alarm and distress. Th e Board considered the advertiser’s right to free speech, but considered on balance that the images depicted were contrary to prevailing community standards on health and safety.
34 Review of Operations 2008 Board reports Children • A requirement that the use In two pizza advertisements the (Section 2.4, AANA Code of Ethics of premiums does not promote Board considered this issue. In 555/08 and AANA Code for Advertising and irresponsible or excessive Dominos the Board considered that Marketing Communication to Children) consumption of a product. although the product may be attractive Th e AANA Code for advertising • A strengthening of the privacy to children, it is a product for adults to Children was introduced in provision to ensure parental and the particular advertisements were 2004. During 2008 it was amended knowledge and approval is directed to a primarily adult audience. (eff ective 1 July 2008). Th e major granted before a child supplies By contrast 467/08 Tartarus Hell’s changes between the former AANA personal information in response Pizza, the print advertisements included Advertising to Children Code and the to advertising/marketing images of children, referred to children Children’s Advertising & Marketing communications targeted at children. and with images of Halloween, was Communications Code are as follows: likely to be attractive to children. In • Th e expansion of the defi nition 10 years of headlines this case the Board considered that of ‘advertising’ to capture ‘marketing UNHOLY ADS AXED the provisions of the Children’s Code communications’ so that direct- 22 July 1999 – Australian Financial would apply, although it ultimately to-consumer marketing, such Review determined that there was no breach as product websites or sampling of the Children’s Code. activity targeted primarily at children, are subject to the Code. During 2008 there were complaints During the year two advertisements • A prohibition against the about eight advertisements to children. were considered on the basis that sexualisation of children or using they included cross promotions with sexual imagery in advertising/ Of the eight advertisements considered children’s movies or toys. marketing communications under the Children’s Code, one to children that is contrary to was upheld. In 297/08 Hungry Jack’s the Board prevailing community standards. considered that the advertisement for • Th e widening of the defi nition One television advertisement was the children’s meal clearly depicted of ‘alcohol’ to capture all alcohol upheld as it depicted children using the content of the meal and did not products or products that are water guns near electronic computer create any misleading impression of the associated in any way with alcohol. equipment in breach of section 2.2 product. In 31/08 Nesquik the Board • A prohibition against ‘pester power’. (as it then was, now section 2.5) of the considered the depiction of the product • A requirement that a commercial Children’s Code. in association with promotional material communication to children is related to a movie. Th e Board noted: distinguishable to them as such In a number of other cases the and is not confused with program threshold issue arose of whether or “Th e advertisement did separate or editorial content. Th is prohibition not the advertisement is within the the body of the advertisement and applies also when a popular jurisdiction of the Children’s Code. the last part of the advertisement personality is used to promote a To come within the Children’s code related to the Golden Compass. product targeted at children. the advertisement must be ‘directed While the two parts of the • A prohibition against the to children’ and must be for ‘product’. advertisement were shown placement of advertising/marketing ‘Product’ is defi ned as ‘goods/services together the Board considered that communications targeted at children and/or facilities which are targeted the advertisement: in media unsuitable for children. toward and have principal appeal — did not create a false or • A prohibition against suggesting to children.’ misleading impression in the that a product targeted at children minds of children about the is aff ordable for all families. nature or content of the product;
Board reports Review of Operations 2008 35 — did not create a false or Food and Beverages In 31/08 Nesquik the Board determined misleading impression in (Section 2.8, AANA Code of Ethics and made several comments about the the minds of children that AANA Food and Beverages Advertising interpretation of the Code: the product advertised is the and Marketing Communications Code) premium rather than the Following amendments to the “Th e Board considered the provisions product, and Children’s Code, consequential of the Food Code and noted that — the advertisement did make amendments to the Food Code were there is no prohibition on advertising clear the terms of the off er. made during 2008. Th e amendment any particular type of food to young to the Food Code was: children – only requirements about On this basis the Board determined • Th e expansion of the defi nition of the accurate representation of the that the advertisement did not breach ‘advertising’ to capture ‘marketing nutritional profi le of such products if Section 2.8 of the Children’s Code. communications’ so that direct- there is any reference to the nutritional Th e Board noted that were the last ten to-consumer marketing, such profi le of the food. Th ere is therefore seconds of the advertisement shown on as product websites or sampling no provision which would prevent its own it may have made a diff erent activity targeted primarily at an advertiser marketing a particular determination. children, are subject to the Code. product to children. Th e Board also noted that the advertisement does In one advertisement the Board Th is amendment was eff ective from not suggest or state that the product considered whether an advertisement April 23, 2008. is of any particular nutritional profi le to children presented sexualised images. – suggesting only that it is a product In 250/08 Target Australia the Board During 2008 there were complaints that children will like to eat. Th e Board considered the depiction of a Barbie about 13 advertisements for food and considered that this statement does not and commented that: beverages that raised issues under the contain any material that is prohibited AANA Food and Beverages Code. by the Food Code.” “Th e Board considered the section featuring the Barbie Key issues complained about concerned Th e Board then considered the dolls was a very small part of the use of cross promotional material in advertisement’s reference to the Golden the advertisement. Th e Board advertisements. Compass movie and the collectible toys considered that the actions of that can be obtained with purchase of the cheer leading Barbie doll were this product. not sexualised and noted that the 10 years of headlines doll was fully clothed in sports CLAMP ON ADS THAT Th e Board considered Section 3.7 of the gear. Th e Board also noted that MAKE OUR KIDS ACT Food Code which provides: the music accompanying the doll’s LIKE FOOLS ‘Advertising and/or marketing cheer leading routine was that 28 March 2004 – Sunday Mail communications directed towards children which is normally associated with (QLD) for food and/or beverage products or cheer leading and at best it could HIP but dangerous advertisements services shall not feature ingredients be considered raunchy but was not are being pulled from television or premiums that are not an integral sexy or reminiscent of a strip show as more young people are hurt element of the product/s or service/s being as asserted by the complainant.” provided.’
36 Review of Operations 2008 Board reports Th e Board also noted the Practice Note Th e Board also considered that the 10 years of headlines to Section 3.7 of the Food Code which primary part of the advertisement BLOKES POINT states (in part): which depicted the children THE FINGER AT RTA ...’in testing whether or not an attempting to gain access to the By Linda Silmalis – 5 August 2007 – advertisement or marketing cereal was a complex and self- Th e Daily Telegraph communication features ingredients contained advertisement which did AN RTA road safety campaign or premiums that are not an integral not incorporate any references to the that suggests car hoons have small part of the product or service, the Board toy. Th e Board considered that the penises has unleashed a fl ood will consider whether the ingredient or references to the toy were not the of complaints to the advertising premium is given undue prominence by dominant feature of the advertisement standards bureau – from blokes. way of being made the dominant feature and did not breach Section 3.7 of or otherwise occupies more than half of the the Code. On this basis the Board advertisement...the Board will consider determined that the advertisement Th e Board also considered complaints whether the advertisement...features did not breach the Food Code. about inaccurate or incomplete inclusions in a manner that accords them nutritional information in an undue prominence in relation to the By contrast, in 73/08 Hungry Jack’s the advertisement. In 446/08 and 471/08 product being promoted, taking account toy component of the children’s meal both for Ferrero Australia Pty Ltd of the fact that it is not the intent of this is an integral part of the product and Nutella, the Board considered that: clause to prohibit legitimate promotion the premium provision of the Code “the advertisement was careful not to state of special off ers, but rather to impose a does not apply. In such instances the that the product is a ‘healthy product’, reasonable limit, based on the Board’s Board must consider whether the rather the product was depicted as part representation of prevailing community advertisement accurately and clearly of a balanced breakfast. Th e Board also standards, on the extent to which an depicts the product advertised and noted that the advertisement depicts average child within the target audience in this case the Board found no breach the child being very active. Th e Board might regard the advertisement...being for of the Food Code. considered that the representation of the a featured ingredient or premium rather product in the advertisement was as part than the product itself.’ Complaints that an advertisement of a balanced diet and in the context of an undermined a balanced diet and active lifestyle. Th e Board noted that the Th e Board considered that the Golden undermined a healthy lifestyle were advertisement does not mention the sugar Compass ‘toy’ was not an integral part considered in 298/08 Patties Foods or saturated fat content of the product, but of the Nesquik cereal – as a result it is Four’n Twenty – Salad Plate. In this that the F&B Code does not require that therefore important that the references matter the Board considered that all ingredients of a product are described to the ‘toy’ are not made the dominant this advertisement, directed to an in an advertisement.” feature of the advertisement and adult audience, ‘contained tongue- cannot occupy more than half of the in-cheek humour and it would not Th e Board also considered advertisement. Th e Board noted that the encourage people to make unhealthy complaints that a number of beverage references to the toy come at the end of dietary choices.’ advertisements were misleading the main advertisement. It was clear that and deceptive. Th ese advertisements the toy references comprised less than produced by Coca-Cola and the NSW half of the advertisement in total. Health Department were found not to breach the Food Code.
Board reports Review of Operations 2008 37 Cars One advertisement for a Mitsubish Th e role of explanatory notes was (Section 2.7, AANA Code of Ethics and Pajero was considered by the Board commented on by the Independent Federal Chamber of Automotive Industries on the basis of complaints that the Reviewer. In her view the correct Code of Practice for Advertising of advertisement depicted unsafe driving. interpretation of the Code is that the Motor Vehicles) Th e Board dismissed the complaints. explanatory notes cannot be used to Under the advertising self-regulation One of the complainants to this justify a breach of the Code. Th is means system the community can raise advertisement availed themselves of that the Board must look at whether concerns about the driving shown in the Independent Review process and the depictions in an advertisement meet advertisements for vehicles as well as asked for review of the decision. In the the terms of the substantive provisions non-safety related issues in vehicle course of her review, Ms O’Connor of the Code. advertisements (eg. issues related to sex, stated that “reliance on the explanatory violence etc). material as a breach of the Code was In agreement with the FCAI, to misuse it” and also considered that complaints received by ASB about an During 2008 there were complaints the driving of all of the vehicles in the advertisement which depicts a vehicle about 19 car advertisements which advertisement should be considered, driving without number plates or where raised issues related to the FCAI Code. not just the driving of the vehicle being the vehicle is depicted driving on the advertised. Th e Board reconsidered right hand side of the road (because Issues complained about: the advertisement and again dismissed it is overseas footage) are not progressed — driving practices (3) complaints against the advertisement. to the Board as these are matters that — unsafe driving – (6) are not safety related. — excessive speed – (5) — association with racing cars – (2) — depiction of off -road vehicles – on beaches and bush, environmental damage (3)
Of the advertisements considered under the FCAI Code, complaints were upheld in relation to three and dismissed in relation to 15. One advertisement was voluntarily withdrawn and modifi ed by the advertiser prior to its consideration by the Board.
All three upheld cases were on the basis that the advertisement suggested excessive speed. One of these advertisements was an internet advertisement, another a print advertisement and the third a television advertisement. Th e print advertisement attracted a relatively high number of complaints and the text included references to ‘hammer the straight’ and ‘scream through the corner’ which the Board considered to be references to unsafe driving and excessive speed.
38 Review of Operations 2008 Board reports Th e Advertising Claims Board
Th e Advertising Th e Claims Board considers Complaints received by the Claims Claims Board is one complaints which breach Part 1 of the Board are considered by a panel AANA Advertiser Code of Ethics. of qualifi ed legal advisors. A panel of the ASB’s two Th is includes complaints about: consists of a minimum of three Boards. Th e ACB • the legality of an advertisement practitioners nominated by the ASB • misleading or deceptive from its Register of Legal Practitioners. is a purpose-built advertisements Th e practitioners on this register have alternative to expensive • advertisements which contain certifi ed to the ASB that they have litigation. It is a system misrepresentations likely to harm experience and expertise in the area of your business advertising and/or trade practices law of alternative dispute • misleading country-of-origin claims. and that they hold a current practicing resolution directed certifi cate. Th ey must also certify that to addressing and Th e benefi ts of the Claims Board they have no confl ict of interest in the and its system of alternative dispute particular matter. resolving challenges resolution are that: to advertising that • the process is concluded in a timely manner (the Claims Board must 10 years of headlines might otherwise make a determination within 15 STANDARDS BUREAU lead to litigation. business days of the receipt of fi nal CHECKS ITS PULSE submissions from the complainant TO SILENCE CRITICS and advertiser complained about) Neil Shoebridge – 3 December 2007 – • the process is less costly than Australian Financial Review litigation, with the only cost being Tired of criticism that is was out fees for the members sitting on the of step with community standards Claims Board panel and legal and and attitudes, the Advertising administration fees of the ASB Standards Bureau has takent he • the parties have the option of unusual step of conducting research proceeding to usual dispute to determine if its recent rulings… resolution procedures if desired. were off the mark.
Board reports Review of Operations 2008 39 Usage of the Claims Board by industry Th e Claims Board’s deliberations 10 years of headlines is quite low. Since 1998 there have been were in deciding whether the VIEWERS DAMN nine cases considered by the Board. evidence provided by the complainant THE BEAVER AD Th e cost of the Claims Board process established, on the balance of Saff ron Howden – 12 March 2008 – is relatively inexpensive compared probabilities, that the representations Daily Telegraph with litigation – a ballpark cost of a made by the advertiser were false or claims Board matter is in the vicinity misleading, or were likely to mislead of $25,000. Claims Board matters are members of the public. Th e Claims Board determined that also faster to resolve than litigation – the advertiser provided a suffi cient with the average matter taking about 10 years of headlines body of credible evidence (which was 10 weeks from receipt of complaint TONGUE not directly contradicted by other to determination of the Board. LASHING FOR AD credible scientifi c evidence presented). 12 June 2003 – MX Melbourne According to the Claims Board the Despite the relatively low use of Viewers off ended a tongue that evidence substantiated the claim that the Claims Board, the Bureau will leaves a sleeping man’s mouth hypotonic sports drinks rehydrate continue to work to raise the profi le late at night to hunt for beer a person faster than isotonic sports of the Claims Board and ensure that is the latest TV advertisement drinks, which, while Mizone Rapid advertisers are aware that this unique to off end viewers. is the only hypotonic sports drink form of alternative dispute resolution available in Australia, supports the is available. representation that the advertiser made In determining whether the claims in its advertising. During 2008 the Claims Board made by the advertiser contravened considered one matter. sections 1.1, 1.2 and 1.3 of the Australian PepsiCo Australia holdings Pty Limited v Association of National Advertisers Frucor Beverages (Australia) Pty Limited Code of Ethics, the Claims Board considered 13 studies provided by the Th is complaint was about a television advertiser and two studies provided by commercial, outdoor advertising, the complainant. Th ese studies looked advertising at an indoor gym and a at the absorption of isotonic, hypotonic print advertisement for Mizone Rapid and hypertonic solutions. sports drink.
Th e complainant alleged that the claim made in the advertisement contained false representations and misleadlingly implied the rehydration benefi ts of the drink over other similar drinks.
Th e advertisements state that the hypotonic formula used in the drink is scientifi cally proven to rehydrate people faster than other products.
40 Review of Operations 2008 Board reports 10 years | 1998–2008 Th e most complained about advertisements in each year from 1998 to 2008
1998 65/98 – Smith’s Snackfood 2002 259/02 – Levi Strauss (Aust) 2006 410/06 – Stuart Alexander – Twisties – “Club Me” & “Up to Pty Ltd – Women kissing in toilet – & Co Pty Ltd (TV) – Mentos Ice your elbows” various composite images of same girl Chewing Gum – man’s nipples get Grounds for complaint: section 2.6 – (Chloe) – “diff erent fi ts for you”. longer as he eats Mentos as hewalks Health and safety Grounds for complaint: section around town Board determination: Dismissed 2.1 – Discrimination or vilifi cation – Grounds for complaint: section 2.1 – Number of complaints: 105+ Religion Discrimination or vilifi cation – Gender Board determination – Dismissed Board determination: Dismissed 1999 94/99 – Lion Nathan – Tooheys Number of complaints: 165+ Number of complaints: 280+ New – “Two men outside a country pub” – another man in confessional 2003 198/03 – Lion Nathan Aust Pty 2007 156/07 – Nando’s Australia talking to priest Ltd (TV) – Tooheys Extra Dry (TV) – Pty Ltd (TV) – woman in business Grounds for complaint: section 2.1 – Quest- tongue goes in search of beer. suit describes how she can’t aff ord to Discrimination or vilifi cation – Gender Grounds for complaint: section 2.6 – have cravings at work. She is then seen Board determination: Dismissed Health and safety pole–dancing and wearing a g-string Number of complaints: 130+ Board determination: Dismissed in a club. Number of complaints: 165+ Grounds for complaint: section 2.1 – 2000 338/00 – LG Electronics – Jet Discrimination or vilifi cation Gender Cooling Air Conditioner – young boys 2004 118/04 – Lion Nathan Aust Board determination: Dismissed watching woman undress through Pty Ltd (TV) – Tooheys New – golfers Number of complaints: 355+ window – she puts on airconditioner clubbing cane toads over NSW border which fogs up windows Grounds for complaint: section 2.1 – 2008 95/08 – Kimberly-Clark Aust Grounds for complaint: section 2.1 – Discrimination or vilifi cation – Gender Pty Ltd (TV) – Kotex U – beaver Discrimination or vilifi cation – Gender Withdrawn/discontinued before Board accompanies young woman on daily Board determination: Dismissed meeting activities “You only have one of them, Number of complaints: 165+ Number of complaints: 205+ so look after it” Grounds for complaint: section 2.1 – 2001 306/01 – Foster’s– Continental 2005 284/05 – Advanced Medical Discrimination or vilifi cation – Gender Spirits – Case Cougar Bourbon – Five Institute (TV) – Sniff n Stiff – two men Board determination: Dismissed Cougars – man forgets order after in tuxedos standing behind grand piano Number of complaints: 185+ seeing barmaid. – they drop pants and undies and start Grounds for complaint: section 2.1 – playing the piano with their penises. Discrimination or vilifi cation – Religion Grounds for complaint: section 2.1 – Board determination: Dismissed Discrimination or vilifi cation – Gender Number of complaints: 40+ Board determination: Dismissed Number of complaints: 195+
Review of Operations 2008 41 Advertising complaints statistics
Th e total number Th e number of complaints outside Th e number of complaints upheld in of complaints received the ASB charter fell to just 99. Th is 2008 was the highest recorded in the decrease is attributed to the continuing ten years of operation of the complaints in 2008 by the success of our online complaints system. system, with complaints against 60 Advertising Standards It advises potential complainants about advertisements upheld. Th e number issues we deal with and also provides of advertisements found to breach the Bureau has dropped information about other agencies which Code equates to about 11 per cent of all to 2,422 from 4,001 can assist if the complainants concern is advertisements considered during 2008. in 2006. Th is drop outside our charter. On receiving advice that there had been (also seen in 2007 In 2006 we received 1169 complaints a complaint 12 advertisers withdrew when we received 2,590 outside our charter which is also their advertisement before the Board complaints) is largely a signifi cant drop from the 565 determination. complaints outside the charter received due to the marked in 2007. Of the 547 advertisements dealt with decrease in complaints during the year, 26 advertisements Although there were slightly fewer received more than 20 complaints. received about issues complaints made in 2008 than in 2007, Of these advertisements, complaints outside our charter. a record number of advertisements against eight were upheld by the Board (547) were complained about. Th is can and one was withdrawn before being be attributed to a heightened level of considered by the Board. awareness of the place to complain brought about by the new “Tell someone If complaints about advertisements who cares” public awareness campaign. were upheld by the Board, 100 per cent were removed from broadcast Number of advertisements considered or publication. Th e 100 per cent and outcome of complaints compliance with Board decisions In 2008, the Board considered 2,264 demonstrates the advertising industry’s complaints against 535 advertisements. continuing support and understanding Complaints from 1,818 people against of its obligations and responsibilities 475 ads were dismissed. of adherence to the AANA Code of Ethics and to the system of advertising self-regulation.
42 Review of Operations 2008 Statistics 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
OUTCOME OF COMPLAINTS (No., by Complaint) Dismissed 927 1553 1971 1291 1191 1770 1349 1753 2648 1730 1818 Upheld 73 111 162 47 11 23 55 94 164 280 446 Withdrawn before board determination 000016113236139201559 Outside Charter 382 401 425 367 354 714 656 957 1169 565 99 TOTAL 1,382 2,065 2,558 1,705 1,572 2,620 2,296 2,943 4,001 2,590 2,422
BOARD DETERMINATIONS (No., by Advertisement) Withdrawn before board determination 000065203313512 Upheld 5 11 8 6 3 4 8 14 28 36 60 Dismissed 262 434 384 363 291 401 337 344 488 405 475 TOTAL 267 445 392 369 300 410 365 391 529 446 547
AGE RANGE OF COMPLAINTS (%) < 19 2.42% 19 – 29 15.25% 30 – 39 23.70% 40 – 54 30.34% 55 – 65 10.93% > 65 3.35% Unspecifi ed 14.01%
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% 34.69% VIC 13.70% 13.60% 23.92% 23.62% 25.61% 24.75% 22.17% 21.19% 22.59% 20.18% 23.22% QLD 19.60% 20.20% 19.71% 16.47% 18.74% 15.86% 16.16% 24.60% 17.01% 19.79% 20.98% SA 11.20% 10.30% 7.87% 9.20% 7.77% 7.22% 7.10% 8.54% 10.08% 9.80% 9.05% WA 6.70% 11.80% 7.95% 12.43% 10.53% 7.68% 8.84% 7.98% 7.84% 9.80% 7.03% ACT 2.90% 2.80% 2.38% 2.23% 2.95% 4.40% 4.75% 2.47% 2.58% 2.50% 2.80% TAS 2.20% 1.70% 2.06% 2.17% 2.25% 1.52% 1.92% 1.84% 2.31% 1.54% 1.52% NT 1.50% 0.50% 1.09% 0.94% 0.39% 0.84% 0.83% 0.60% 0.84% 0.77% 0.71% Abroad 0.00% 0.00% 0.04% 0.00% 0.06% 0.00% 0.04% 0.10% 0.00% 0.00% 0.00%
GENDER OF COMPLAINANTS (%) Couple 0.00% 0.00% 6.35% 4.87% 3.59% 2.30% 2.61% 2.10% 1.35% 0.92% 0.50% Unspecifi ed 13.40% 15.20% 7.56% 6.86% 4.55% 2.83% 2.70% 2.13% 1.45% 1.08% 1.86% Male 23.20% 21.80% 25.24% 28.66% 34.76% 32.37% 37.63% 38.08% 36.75% 32.67% 35.40% Female 63.40% 63.00% 60.85% 59.61% 57.11% 62.50% 57.06% 57.69% 60.45% 65.33% 62.24%
METHOD OF COMPLAINT (%) E-mail 10.42% 47.46% 60.44% 69.95% 73.08% 82.71% 84.05% 87.07% Post 86.83% 43.32% 32.65% 25.96% 22.36% 14.47% 13.87% 10.22% Fax 2.75% 9.22% 6.91% 4.09% 4.56% 2.82% 2.08% 2.71%
Statistics Review of Operations 2008 43 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
REASON COMPLAINTS FELL OUTSIDE CHARTER (No.) Within Section 1 – Misleading or deceptive 121 186 45 20 Within Section 1 – Legality 11161 Within Section 1 – Compliance with law 15401 Within Section 1 – Business practices 6610 Within Section 1 – Misrepresentation 1610 Within Section 1 – Misleading claim about 0510 Australian country of origin/content Within Section 1 – Harm to business 0100 Within Section 1 – Tobacco 3800 Not an advertisement – Product or service 29 92 58 14 Not an advertisement – TV and radio promotional 144 186 28 6 material Not an advertisement – Program content or 73 126 13 6 programming Not an advertisement – Other 21 48 44 4 Not an advertisement – Community service 35 61 15 3 announcements Not an advertisement – Point of sale 27 29 28 1 Not an advertisement – Local advertising 30 14 21 1 Not an advertisement – Loudness of ads 71 12 11 1 Not an advertisement – Product name or logo 5501 Not an advertisement – Internet 30 39 11 0 Not an advertisement – Direct mail 19 11 3 0 Not an advertisement – Direct distribution to an 11510 individual Not an advertisement – Label directions 2510 Not an advertisement – Informercial 1100 Outside Section 2 – Broadcast timing 104 118 60 12 Outside Section 2 – Other 108 70 89 11 Outside Section 2 – Dislike of advertising 30 25 19 6 Outside Section 2 – Phone sex 0101 Outside Section 2 – Political advertising 10 11 26 0 Other – Other 37 38 31 4 Other – Insuffi cient information 13004 Other – Insuffi cient information 034230 Other – Trivial complaint 46160 Specifi c industry code – Alcoholic Beverages code 32122 Specifi c industry code – Th erapeutic Goods code 1110 Specifi c industry code – Weight Management code 2200 Withdrawn/Discontinued – Other 13 43 12 1 TOTAL 957 1169 565 99
44 Review of Operations 2008 Statistics 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
MEDIA ATTRACTING COMPLAINT (%) TV 84.10% 71.70% 71.87% 66.44% 58.22% 80.59% 85.33% 84.81% 85.81% 75.10% 70.96% Outdoor 1.90% 11.70% 18.66% 14.01% 29.77% 9.23% 6.28% 6.67% 3.67% 12.80% 13.43% Print 10.70% 11.80% 7.41% 13.58% 8.80% 4.48% 5.47% 4.76% 3.85% 4.08% 5.12% Transport 0.00% 0.00% 0.00% 0.09% 0.41% 0.63% 0.62% 0.45% 1.73% 1.62% 4.09% Radio 2.00% 3.60% 1.22% 1.38% 2.06% 1.69% 1.74% 2.11% 4.10% 2.36% 2.32% Pay TV 0.00% 0.00% 0.05% 0.00% 0.16% 0.00% 0.00% 0.25% 0.18% 0.44% 1.64% Internet 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.25% 1.13% 1.03% Other 0.70% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.95% Cinema 0.60% 1.20% 0.33% 0.35% 0.16% 0.43% 0.50% 0.60% 0.42% 2.46% 0.47% Multiple Media 0.00% 0.00% 0.46% 4.15% 0.41% 2.95% 0.06% 0.35% 0.00% 0.00% 0.00%
ISSUES ATTRACTING COMPLAINT (%) AANA Section 2.3 – Sex, sexuality and nudity 26.49% 22.23% 37.91% 25.66% AANA Section 2.1 – Discrimination or vilifi cation 27.13% 23.25% 28.05% 22.85% AANA Section 2.2 – Violence 17.38% 18.01% 8.42% 17.88% Other 14.59% 14.69% 4.86% 15.88% AANA Section 2.5 – Language 4.36% 7.55% 1.68% 7.26% AANA Section 2.6 – Health and Safety 6.46% 9.70% 10.85% 6.06% AANA Section 2.7 / FCAI Code 3.38% 1.84% 4.91% 3.08% AANA Section 2.4 / Advertising to Children Code 0.20% 2.73% 2.95% 0.74% Food and Beverage Code 0.00% 0.00% 0.37% 0.60%
PRODUCT CATEGORY ATTRACTING COMPLAINT (%) Food and Beverages 20.85% 28.14% 33.25% 20.83% Community Awareness 8.02% 12.29% 3.39% 15.36% Toiletries 5.26% 2.86% 2.94% 11.40% Professional services 2.56% 5.61% 10.77% 11.06% Alcohol 7.07% 3.14% 2.44% 6.20% Mobile Phone/SMS 0.00% 2.44% 2.04% 5.38% Vehicles 15.19% 8.37% 9.92% 3.96% Other 6.67% 5.30% 3.94% 5.68% Clothing 6.22% 4.31% 2.24% 3.23% Telecommunications 4.51% 2.40% 2.24% 3.23% House goods/services 11.18% 2.15% 6.03% 2.71% Finance/Investment 2.81% 1.80% 1.30% 2.37% Travel 1.85% 1.09% 0.15% 1.98% Media 0.00% 2.22% 2.84% 1.81% Insurance 0.00% 2.97% 2.44% 1.72% Restaurants 2.91% 1.17% 5.78% 1.64% Retail 0.00% 1.17% 1.65% 1.46% Entertainment 0.00% 2.90% 3.09% 0.00% Health Products 3.46% 7.94% 1.40% 0.00% Leisure & Sport 1.45% 1.73% 2.14% 0.00%
Statistics Review of Operations 2008 45 What age are complainants? Th e highest percentage of < 19; 2.42% Unspecified; 14.01% complainants are in the 40 to 54 year
old age group accounting for just over > 65; 3.35% 19–29; 15.25% 30 per cent of all complaints received. Th e age grouping from 30 to 39 account
for just under 24 per cent of complaints, 55–65; 10.93% with the lowest number of complaints 30–39; 23.70% from people under 19 years of age.
10 years of headlines ASB BITES BACK 40–54; 30.34% 27 April 2001 – AdNews Th e Advertising Standards Board has upheld public complaints about the early evening screening of a jeans ad, forcing the company to agree to only air the commercial after 8.30pm.
Who is complaining? 100%
In 2008 the percentage of males 90% represented among complainants 80% increased by almost three per cent to 35.4 per cent from 32.7 per cent in 2007. 70% Interestingly, the number of complaints 60%
by females decreased by just over 50% three per cent from the previous year. 40%
Th e fi gures continue to show a trend 30% in the gender of complainants. 20%
10%
0% 10 years of headlines 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 NEW CODE TO STOP ZOOM-ZOOM ADS IN Female Unspecified Couple Male THEIR TRACKS 11 April 2002 – Toby Hagon – Th e Age Car advertisements will have to comply with a new code after repeated criticism of the automotive industry over promotions depicting speed and irresponsible driving.
46 Review of Operations 2008 Statistics What do people complain about? AANA Section 2.6 – AANA Section 2.7 – Th e portrayal of sex, sexuality and nudity Health and Safety; 6.06% FCAI Code; 3.08% continues to be the dominant issue raised AANA Section 2.4 – AANA Section 2.5 Advertising to by complainants. About 25 per cent of – Language; 7.26% Children Code; 0.74% all complaints made raised this issue, with the issue of discrimination and Food and Beverage Code; 0.60% vilifi cation closely following in the Other; 15.88% proportion of complaints. Together these AANA Section 2.3 – Sex, sexuality two issues comprise about 48.5 per cent and nudity; 25.66% of all complaints made in 2008. AANA Section 2.2 – Violence; 17.88% Four advertisements considered under AANA Section 2.1 – the sex, sexuality and nudity category Discrimination or vilification; 22.85% received about 700 complaints of the total number of complaints received in 2008.
In 2008 the proportion of complaints about violence in advertising increased by almost 10 per cent from 2007, but is at similar levels to the previous two years.
Where are complaints coming from? In terms of complainant demographics,
once again complaints were generally NT; 0.71% spread out nationally in proportion to TAS; 1.52% NSW; 34.69% ACT; 2.80% each state’s population. As the most
populous state, New South Wales WA; 7.03% topped the percentage of complaints received with 34.69 per cent (a drop
of about one percent from 2007). SA; 9.05% VIC; 23.22% Queensland and Victoria had a similar percentage of complaints, although QLD; 20.98% the overall percentage of complaints from Victoria rose by more than three per cent (from 20.18 per cent in 2007 to 23.22 per cent in 2008).
Complaints received from South Australia and Western Australia equated to 16.08 per cent of the total. Th e combined percentage of complaints from Tasmania (1.52 per cent) and the Northern Territory (0.71 per cent) was only slightly lower than the Australian Capital Territory (2.8 per cent).
Statistics Review of Operations 2008 47 Which products attract Food and Beverages; 20.83% the most complaints? Retail; 1.46% Food and beverage advertisements Restaurants; 1.64% continued to be the most-complained Insurance; 1.72% Community Awareness; 15.36% about product category in 2008, being Media; 1.81% the subject of one-fi fth of all complaints. Travel; 1.98% Finance/Investment; 2.37% Advertisements for both toiletries and House goods/services; Toiletries; 11.40% community issues received high levels 2.71% of complaint, while complaints about Telecommunications; 3.23% vehicle advertisements dropped by Clothing; 3.23% Professional almost six per cent. Other; 5.68% services; 11.06% Vehicles; 3.96% Alcohol; 6.20% Community awareness advertisements Mobile Phone/SMS; 5.38% received a much higher level of complaint during 2008, up from 3.39 per cent in 2007 to 15.36 per cent in 2008. An anti-smoking campaign from Quit Victoria boosted this percentage with one advertisement receiving more than 100 complaints.
Complaints about advertisements for toiletries bounced from just 2.94 per cent in 2007 to 11.40 per cent in 2008 with one advertisement from Kotex receiving almost 200 complaints.
Method of complaint 600 Th e number of people choosing to lodge their complaints through the 500 online complaints system continues
to rise. In 2008, 87.07 per cent of 400 complaints were lodged electronically which is an increase from 84.05 per cent 300 received in 2007.
200 Th e ASB has invested signifi cantly in creating a quick and easy-to-follow 100 complaint lodgement process on its website to refl ect increasing internet 0 access throughout Australia. 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Complaints will continue to be Withdrawn Dismissed Upheld accepted by post (10.22 per cent in 2008) and fax (2.71 per cent).
48 Review of Operations 2008 Statistics Media attracting complaint As with previous years, the majority of complaints (70.96 per cent) relate to Cinema; 0.47% advertisements shown on television, Other; 0.95% Internet; 1.03% although this is down fi ve per cent Pay TV; 1.64% on the previous year. Outdoor media Radio; 2.32% complaints continued to increase with Transport; 4.09% 13.43 per cent of all complaints (up from TV; 70.96% 12.80 per cent in 2007 and 3.67 per cent Print; 5.12% in 2006). A large percentage of complaints about outdoor advertising Outdoor; 13.43% were in relation to several Advanced Medical Institute billboards.
Complaints about print advertising (5.12 per cent) and transport advertising (4.09 per cent) were slightly higher than the remainder of complaints which were evenly spread among radio, cinema, transport, internet and Pay TV.
If you find an ad offensive, lodge a complaint at adstandards.com.au
Statistics Review of Operations 2008 49 Top 10 2008 10 Most Complained-About Advertisements In 2008
Kimberly-Clark – Kotex U Advanced Medical Institute – Billboard 1 Case number: 95/08 3 Case number: 278/08 re-consideration A beaver accompanies a young woman on Th is billboard asked ‘Want longer daily activities. Viewers are told: “You only lasting sex” have one of them, so look after it”. Grounds for complaints: Portrayal of sex, Grounds for complaints: Discrimination sexuality and nudity – AANA Code of or vilifi cation – AANA Code of Ethics Ethics, section 2.3 -section 2.1 Number of complaints: 110+ Number of complaints: 185+ Board determination: Complaints upheld Board determination: Complaints dismissed
Domino’s – Supercalafreakinawesome Inghams – Chicken 2 Case number: 213/08 4 Case number: 214/08 A man dressed as a character called Many Person in advertisement suggests something Toppings describes the range of pizzas is wrong with you if you don’t like chicken available. Grounds for complaints: Discrimination or Grounds for complaints: Language – vilifi cation – AANA Code of Ethics, section AANA Code of Ethics, section 2.5 2.1 and Violence – AANA Code of Ethics, Number of complaints: 145+ section 2.2 Board determination: Complaints dismissed Number of complaints: 100+ Board determination: Complaints dismissed
50 Review of Operations 2008 Quit Victoria – smoking Virgin Mobile – Go Topless 5 Case number: 459/08 8 Case number: 405/08 Young child left at station begins to cry with A young woman is shown covering her bare a voice over stating: “Imagine how he’ll feel breasts as she talks on phone if you die from smoking Grounds for complaints: Portrayal of sex, Grounds for complaints: Violence – AANA sexuality and nudity – AANA Code of Code of Ethics, section 2.2 Ethics, section 2.3 Number of complaints: 65+ Number of complaints: 45+ Board determination: Complaints dismissed Board determination: Complaints dismissed
Coca-Cola – Mother Advanced Medical Institute billboard 6 Case number: 287/08 9 Case number: 470/08 A SWAT team go to Mother lab and assault A billboard with the statement “Bonk Longer” scientists who made bad-tasting original Mother drink. Grounds for complaints: Portrayal of sex, sexuality and nudity – AANA Code of Grounds for complaints: Violence – AANA Ethics, section 2.3 Code of Ethics, section 2.2 and Food and Number of complaints: 45+ Beverage Code Board determination: Advertisement Number of complaints: 50+ withdrawn/discontinued before Board Board determination: Complaints upheld meeting (not considered)
Tell Th e Truth Coalition Motorola – Razr mobile phone 7 Case number: 93/08 10 Case number: 205/08 Pictures of aborted foetuses used in A phone used as a weapon during a fi ght a pamphlet between a man and woman at a train station.
Grounds for complaints: Health and safety Grounds for complaints: Violence – AANA – AANA Code of Ethics, section 2.6 Code of Ethics, section 2.2 and Health and Number of complaints: 45+ safety – AANA Code of Ethics, section 2.6 Board determination: Complaints upheld Number of complaints: 40+ Board determination: Complaints dismissed
Review of Operations 2008 51 Appendices Advertising Standards Board complaints process
Complaint received in writing Complaint assessed Complaint informed and as not in ASB charter referred to appropriate body Complaint assessed by complaints manager CASE and ASB exec CLOSED Complaint informed and provided Complaint assessed with case report. Copy of complaint as already considered Complaint assessed as sent to advertiser NEW CASE
Complainant notified Advertiser notified 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 notified of decision and ASB publishes case Advertiser notified of decision and provided case report, also notified of report and notifies provided case report, also notified of an option for an independent review all parties option for an independent review
Complainant satisfied Complainant requests Advertiser requests Advertiser Advertiser Advertiser ignores independent review independent review modifies/withdraws ad satisfied Board decision
Referred to appropriate Independent review agency conducted
Independent review recommendation made to Board
Board makes final decision and all parties are notified
CASE CLOSED
52 Review of Operations 2008 Appendices Appendices Independent Reviewer
Th e ASB has appointed Ms O’Connor is a lawyer who, 10 years of headlines the Hon Deirdre in addition to many judicial STANDARDS BUREAU appointments since being admitted CHIEF RAISES THE O’Connor as the fi rst the NSW Bar in 1980, was the BAR Independent Reviewer fi rst female appointed as a Justice Julian Lee – 22 March 2006 – of the Federal Court of Australia, Th eSydney Morning Herald for the advertising President of the Administrative Australia’s Advertising Standards self-regulation system Appeals Tribunal and President of Bureau(ASB) has been undergoing in Australia. the Australian Industrial Relations some changes due to the Commission. For more information appointment of a new CEO, about Ms O’Connor, please refer to our Fiona Jolly website www.adstandards.com.au
Th e ASB introduced the review If she decides to accept the request, process for Advertising Standards the Independent Reviewer will Board decisions in April 2008 as undertake appropriate investigation part of its ongoing commitment and make a recommendation to the to international best practice. Board, stating whether the decision should be reviewed, amended or If people who originally complained confi rmed. Th e investigation will about an advertisement or the include an invitation from the advertiser are unhappy about a Independent Reviewer for other parties Board decision regarding a particular in the case (i.e. either the complainant advertisement, they may ask for a or the advertiser) to comment on the review of the decision. submission provided by the party requesting the review. Requests for review will be considered by the Independent Reviewer. If the Independent Reviewer decides not to accept the request because she considers that it does not meet any of the grounds set out below, the person making the request will be informed.
Appendices Review of Operations 2008 53 10 years of headlines Process to follow when requesting • Since no review will proceed if the ADS BANNED OVER a review: point at issue is the subject of legal SEX, CHILDREN LINK • Requests for a review will be action between anyone directly Lara Sinclair – 24 November 2006 – accepted only from the original involved, requests for review should Th e Australian complainant(s) or the relevant make plain that no such action is TWO television commercials advertiser. underway or contemplated. that link sexualised images and — if the complaint was made by an — Requests for review should children have been banned organisation, an advertiser or be sent within 10 business days by the advertising watchdog. an industry complainant, the of the date of the ASB’s letter request for review should be of notifi cation of a decision. signed by a person who, in the Th e cost of lodging a request for review opinion of the Independent • Requests for a review must: is $500 for complainants, $1000 for Reviewer, has the right to bind — Contain a full statement complainants from Incorporated that organisation. of the grounds; Associations and $2000 for advertisers. — Requests made only by a — Be in writing; Th is payment must accompany a solicitor or creative agency — Be accompanied by relevant request for review and is not refundable on behalf of the advertiser will payment; and if the Independent Reviewer decides not be accepted. — be addressed to that the request does not meet the Independent Reviewer grounds for review. • Grounds for review: of ASB Decisions — where new or additional Level 2 During the review process, the relevant evidence which could 97 Northbourne Avenue original decision (and any subsequent have a signifi cant bearing on TURNER ACT 2612. remedial action or withdrawal of the the decision becomes available advertisement) will stand. (an explanation of why it was 10 years of headlines not submitted previously will CALLS FOR TOUGHER Th e ASB will not delay publication be required); STAND ON CAR ADS of the relevant decision pending — where there was a substantial 17 March 2003 – B&T the outcome of the review. fl aw in the Board’s decision Pressure is again building on (decision clearly in error having automotive advertisers. Two Th e Board’s decision on reviewed cases regard to the provisions of the months after the launch of a new is fi nal. No further review is possible. Code, or clearly made against car advertising code, the system the weight of evidence); for handling complaints about ads Th e Advertising Standards Bureau — where there was a substantial that breach the automotive code will inform all parties of the Board’s fl aw in the process by which is being criticised as ineff ectual. fi nal decision. the decision was made.
Decisions that are revised or amended following a review will be published on the ASB website: www.adstandards.com.au
54 Review of Operations 2008 Appendices Appendices AANA Advertiser Code of Ethics
Th is Code has been In this Code, unless the context Advertising or Marketing adopted by the AANA otherwise requires: Communications to Children means Advertising or Marketing as part of advertising Advertising or Marketing Communications which, having regard and marketing self- Communication means: to the theme, visuals and language used, (a) matter which is published or are directed primarily to Children and regulation. Th e object broadcast using any Medium in are for Product. of this Code is to ensure all of Australia or in a substantial that advertisements section of Australia for payment Advertising Standards Board or other valuable consideration means the board appointed by the are legal, decent, and which draws the attention Advertising Standards Bureau from honest and truthful of the public or a segment of time to time, the members of which and that they have it to a product, service, person, are representative of the community, organisation or line of conduct to administer a public complaints been prepared with in a manner calculated to promote system in relation to Advertising or a sense of obligation or oppose directly or indirectly Marketing Communications. the product, service, person, to the consumer and organisation or line of conduct; or Children means children [14] years old society and fair sense (b) any activity which is undertaken or younger and Child means a child of responsibility by or on behalf of an advertiser [14] years old or younger. or marketer for payment or other to competitors. valuable consideration and which Excluded Advertising or Marketing draws the attention of the public Communications means labels or or a segment of it to a product, packaging for Products. service, person, organisation or line of conduct in a manner calculated Medium means any medium whatsoever to promote or oppose directly or including without limitation cinema, indirectly the product, service, internet, outdoor media, print, radio, person, organisation or line of telecommunications, television or other conduct, direct-to-consumer media including but does not include Excluded new and emerging technologies. Advertising or Marketing Communications.
Appendices Review of Operations 2008 55 Prevailing Community Standards 1.5 Advertising or Marketing 2.5 Advertising or Marketing means the community standards Communications shall not make Communications shall only use determined by the Advertising claims about the Australian origin language which is appropriate in Standards Board as those prevailing at or content of products advertised in the circumstances and strong or the relevant time, and based on research a manner which is misleading. obscene language shall be avoided. carried out on behalf of the Advertising Standards Board as it see fi t, in 2. Section 2 2.6 Advertising or Marketing relation to Advertising or Marketing 2.1 Advertising or Marketing Communications shall not depict Communications. Communications shall not portray material contrary to Prevailing people or depict material in a way Community Standards on Product means goods, services and which discriminates against or health and safety. facilities which are targeted toward vilifi es a person or section of the and have principal appeal to Children. community on account of race, 2.7 Advertising or Marketing ethnicity, nationality, sex, age, sexual Communications for motor vehicles 1. Section 1 preference, religion, disability or shall comply with the Federal 1.1 Advertising or Marketing political belief. Chamber of Automotive Industries Communications shall comply Code of Practice relating to with Commonwealth law 2.2 Advertising or Marketing Advertising for Motor Vehicles and and the law of the relevant Communications shall not present section 2.6 of this Code shall not State or Territory. or portray violence unless it is apply to advertising or marketing justifi able in the context of the communications to which the 1.2 Advertising or Marketing product or service advertised. Federal Chamber of Automotive Communications shall not be Industries Code of Practice applies. misleading or deceptive or be likely 2.3 Advertising or Marketing to mislead or deceive. Communications shall treat sex, 2.8 Advertising or Marketing sexuality and nudity with sensitivity Communications for food or 1.3 Advertising or Marketing to the relevant audience and, beverage products shall comply Communications shall not contain where appropriate, the relevant with the AANA Food & Beverages a misrepresentation, which is likely programme time zone. Advertising & Marketing to cause damage to the business or Communications Code as well goodwill of a competitor. 2.4 Advertising or Marketing as to the provisions of this Code. Communications to Children shall 1.4 Advertising or Marketing comply with the AANA’s Code Communications shall not exploit for Advertising & Marketing community concerns in relation Communications to Children and to protecting the environment section 2.6 of this Code shall not by presenting or portraying apply to advertisements to which distinctions in products or services AANA’s Code for Advertising & advertised in a misleading way or in Marketing Communications to a way which implies a benefi t to the Children applies. environment which the product or services do not have.
56 Review of Operations 2008 Appendices AANA Code for Advertising Appendices & Marketing Communications to Children
Th is Code has been 1. Defi nitions Advertising or Marketing adopted by the AANA In this Code, unless the context Communications to Children otherwise requires: means Advertising or Marketing as part of advertising Communications which, having regard and marketing self- Advertising or Marketing to the theme, visuals and language used, Communication means: are directed primarily to Children and regulation. Th e object (a) matter which is published or are for Product. of this Code is to ensure broadcast using any Medium that advertisers and in all of Australia or in a substantial Advertising Standards Board section of Australia for payment means the board appointed by the marketers develop and or other valuable consideration Advertising Standards Bureau from maintain a high sense and which draws the attention time to time, the members of which of social responsibility of the public or a segment of are representative of the community, it to a product, service, person, to administer a public complaints in advertising and organisation or line of conduct in system in relation to Advertising or marketing to children a manner calculated to promote Marketing Communications. or oppose directly or indirectly in Australia. the product, service, person, Alcohol Products means products organisation or line of conduct; or which have some association with (b) any activity which is undertaken alcohol including alcoholic beverages, by or on behalf of an advertiser food products that contain alcohol or or marketer for payment or other other Products that are associated in valuable consideration and which some way with alcohol including in the draws the attention of the public sense of being branded in that way. or a segment of it to a product, service, person, organisation Children means children 14 years old or line of conduct in a manner or younger and Child means a child calculated to promote or oppose 14 years old or younger. directly or indirectly the product, service, person, organisation or Excluded Advertising or Marketing line of conduct, but does not Communications means labels or include Excluded Advertising packaging for Products. or Marketing Communications.
Appendices Review of Operations 2008 57 Medium means any medium (ii) any features which are described (b) must not advertise Products which whatsoever including without or depicted or demonstrated have been offi cially declared unsafe limitation cinema, internet, outdoor in the Advertising or or dangerous by an unauthorised media, print, radio, television, Marketing Communication; Australian government authority. telecommunications, or other (iii) the need for any accessory direct-to-consumer media including parts; and 2.6 Social Values new and emerging technologies. (iv) that the Advertising or Advertising or Marketing Marketing Communication Communications to Children: Premium means anything off ered is in fact a commercial (a) must not portray images or events free or at a reduced price and which communication rather than in a way that is unduly frightening is conditional upon the purchase program content, editorial or distressing to Children; and of a regular Product. comment or other non- (b) must not demean any person or commercial communication. group on the basis of ethnicity, Prevailing Community Standards nationality, race, gender, age, sexual means the community standards 2.3 Placement preference, religion or mental or determined by the Advertising Advertising or Marketing physical disability. Standards Board as those prevailing at Communications to Children must the relevant time, and based on research not be placed in Media where editorial 2.7 Parental Authority carried out on behalf of the Advertising comment or program content, in close Advertising or Marketing Standards Board as it sees fi t, in proximity to that communication, Communications to Children: relation to Advertising or Marketing or directly accessible by Children (a) must not undermine the authority, Communications to Children. as a result of the communication is responsibility or judgment of unsuitable for Children according to parents or carers; Product means goods, services and/or Prevailing Community Standards. (b) must not contain an appeal to facilities which are targeted toward and Children to urge their parents or have principal appeal to Children. 2.4 Sexualisation carers to buy a Product for them; Advertising or Marketing (c) must not state or imply that a 2. Code of Practice Communications to Children: Product makes Children who own 2.1 Prevailing Community Standards (a) must not include sexual imagery or enjoy it superior to their peers; Advertising or Marketing in contravention of Prevailing and Communications to Children must Community Standards; (d) must not state or imply that persons not contravene Prevailing Community (b) must not state or imply that who buy the Product the subject Standards. Children are sexual beings and that of the Advertising or Marketing ownership or enjoyment of a Communication are more generous 2.2 Factual Presentation Product will enhance their sexuality. than those who do not. Advertising or Marketing Communications to Children: 2.5 Safety (a) must not mislead or deceive Advertising or Marketing Children; Communications to Children: (b) must not be ambiguous; and (a) must not portray images or events (c) must fairly represent, in which depict unsafe uses of a a manner that is clearly Product or unsafe situations which understood by Children: may encourage Children to engage (i) the advertised Product; in dangerous activities or create an unrealistic impression in the minds of Children or their parents or carers about safety; and
58 Review of Operations 2008 Appendices 2.8 Price 2.12 Premiums 2.15 Food and Beverages (a) Prices, if mentioned in Advertising Advertising or Marketing (a) Advertising or Marketing or Marketing Communications Communications to Children which Communications to Children to Children, must be accurately include or refer to or involve an off er for food or beverages must neither presented in a way which can be of a Premium: encourage nor promote an inactive clearly understood by Children and (a) should not create a false or lifestyle or unhealthy eating or not minimised by words such as misleading impression in the minds drinking habits. “only” or “just”. of Children about the nature or (b) Advertising or Marketing (b) Advertising or Marketing content of the Product; Communications to Children Communications to Children must (b) should not create a false or must comply with the AANA not imply that the Product being misleading impression in the minds Food & Beverages Advertising promoted is immediately within the of Children that the product being & Marketing Communications reach of every family budget. advertised or marketed is the Code. Premium rather than the Product; 2.9 Qualifying Statements (c) must make the terms of the off er 2.16 AANA Code of Ethics Any disclaimers, qualifi ers or clear as well as any conditions Advertising or Marketing asterisked or footnoted information or limitations; and Communications to Children used in Advertising or Marketing (d) must not use Premiums in a must comply with the AANA Communications to Children must way that promotes irresponsible Code of Ethics. be conspicuously displayed and clearly use or excessive consumption of explained to Children. the Product.
2.10 Competitions 2.13 Alcohol An Advertising or Marketing Advertising or Marketing Communication to Children which Communications to Children must not includes a competition must: be for, or relate in any way to, Alcohol (a) contain a summary of the basic Products or draw any association with rules for the competition; companies that supply Alcohol Products. (b) clearly include the closing date for entries; and 2.14 Privacy (c) make any statements about the If an Advertising or Marketing chance of winning clear, fair and Communication indicates that accurate. personal information in relation to a Child will be collected, or if as a result 2.11 Popular Personalities of an Advertising and Marketing Advertising or Marketing Communication, personal information Communications to Children must not of a Child will or is likely to be collected, use popular personalities or celebrities then the Advertising or Marketing (live or animated) to advertise or Communication must include a market Products or Premiums in a statement that the Child must obtain manner that obscures the distinction parental consent prior to engaging in any between commercial promotions and activity that will result in the disclosure program or editorial content. of such personal information.
Appendices Review of Operations 2008 59 AANA Food and Beverages Advertising and Marketing Appendices Communication Code
Th is Code has been 1. Defi nitions Advertising or Marketing adopted by the AANA 1.1 In this Code, unless the context Communications to Children otherwise requires: means Advertising or Marketing as part of advertising Communications which, having regard and marketing self- Advertising or Marketing to the theme, visuals and language used, Communication means: are directed primarily to Children and regulation. Th e object (a) matter which is published or are for a Children’s Food or Beverage of this Code is to ensure broadcast using any Medium in Product. that advertisers and all of Australia or in a substantial section of Australia for payment Advertising Standards Board marketers develop and or other valuable consideration means the board appointed by the maintain a high sense and which draws the attention Advertising Standards Bureau from of social responsibility of the public or a segment of time to time, the members of which it, to a product, service, person, are representative of the community, to in advertising and organisation, or line of conduct in administer a public complaints system marketing food and a manner calculated to promote in relation to Advertising or Marketing or oppose directly or indirectly Communications. beverage products that product, service, person, in Australia. organisation or line of conduct; Average Consumer means a regular (b) any activity which is undertaken adult family shopper able to compare by or on behalf of an advertiser products by label-listed defi nition. or marketer for payment or other valuable consideration and which Children means persons being 14 years draws the attention of the public old or younger and Child means a or a segment of it to a product, person 14 years old or younger. service, person, organisation or line of conduct in a manner calculated Children’s Food or Beverage Product to promote or oppose directly or means any food or beverage product indirectly the product, service, person, other than alcoholic beverages as organisation or line of conduct, defi ned in and subject to regulation by the Alcohol Beverages Advertising but does not include Excluded Code, which is targeted toward and has Advertising or Marketing principal appeal to Children. Communications.
60 Review of Operations 2008 Appendices Excluded Advertising or Marketing 2. Advertising or marketing 2.4 Advertising or Marketing Communications means labels or communications for food Communications for Food or Beverage packaging for products. Food or or beverage products Products which include nutritional Beverage Products means any food or 2.1 Advertising or Marketing or health-related comparisons shall beverage products other than alcoholic Communications for Food or Beverage be represented in a non-misleading beverages as defi ned in and subject to Products shall be truthful and honest, and non-deceptive manner clearly regulation by the Alcohol Beverages shall not be or be designed to be understandable by an Average Advertising Code. misleading or deceptive or otherwise Consumer. contravene Prevailing Community Medium means any medium Standards, and shall be communicated 2.5 Advertising or Marketing whatsoever including without in a manner appropriate to the level of Communications for Food or Beverage limitation cinema, internet, outdoor understanding of the target audience Products shall not make reference to media, print, radio, television, of the Advertising or Marketing consumer taste or preference tests in telecommunications, or other direct- Communication with an accurate any way that might imply statistical to-consumer media including new and presentation of all information validity if there is none, nor otherwise emerging technologies. including any references to nutritional use scientifi c terms to falsely ascribe values or health benefi ts. validity to advertising claims. Premium means anything off ered free or at a reduced price and which 2.2 Advertising or Marketing 2.6 Advertising or Marketing is conditional upon the purchase of a Communications for Food or Beverage Communications for Food or Beverage regular Children’s Food or Beverage Products shall not undermine the Products including claims relating Product. importance of healthy or active to material characteristics such as lifestyles nor the promotion of healthy taste, size, content, nutrition and Prevailing Community Standards balanced diets, or encourage what health benefi ts, shall be specifi c to the means the community standards would reasonably be considered as promoted product/s and accurate in all determined by the Advertising excess consumption through the such representations. Standards Board as those prevailing representation of product/s or portion at the relevant time, and based on sizes disproportionate to the setting/s 2.7 Advertising or Marketing research carried out on behalf of the portrayed or by means otherwise Communications for Food or Beverage Advertising Standards Board as it regarded as contrary to Prevailing Products appearing within segments sees fi t, in relation to the advertising Community Standards. of media devoted to general and sports or marketing of Food or Beverage news and/or current aff airs, shall Products taking into account, at 2.3 Advertising or Marketing not use associated sporting, news or a minimum, the requirements of Communications for Food or Beverage current aff airs personalities, live or the Australia New Zealand Food Products that include what an Average animated, as part of such Advertising Standards Code, the Australian Dietary Consumer, acting reasonably, might and/or Marketing Communications Guidelines as defi ned by the National interpret as health or nutrition claims without clearly distinguishing between Health & Medical Research Council shall be supportable by appropriate commercial promotion and editorial or and the National Physical Activity scientifi c evidence meeting the other program content. Guidelines as published by the Federal requirements of the Australia New Government of Australia. Zealand Food Standards Code. 2.8 Advertising or Marketing Communications for Food and/or Beverage Products not intended or suitable as substitutes for meals shall not portray them as such.
Appendices Review of Operations 2008 61 2.9 Advertising or Marketing 3.2 Advertising or Marketing 3.5 Advertising or Marketing Communications for Food and/ Communications to Children shall Communications to Children shall not or Beverage Products must comply not improperly exploit Children’s include any appeal to Children to urge with the AANA Code of Ethics and imaginations in ways which might parents and/or other adults responsible the AANA Code for Advertising reasonably be regarded as being based for a child’s welfare to buy particular & Marketing Communications to upon an intent to encourage those Children’s Food or Beverage Products Children. Children to consume what would for them. be considered, acting reasonably, as excessive quantities of the Children’s 3.6 Advertising or Marketing 3. Advertising and children Food or Beverage Product/s. Communications to Children shall not 3.1 Advertising or Marketing feature ingredients or Premiums unless Communications to Children shall be 3.3 Advertising or Marketing they are an integral element of the particularly designed and delivered in Communications to Children shall Children’s Food or Beverage Product/s a manner to be understood by those not state nor imply that possession or being off ered. Children, and shall not be misleading use of a particular Children’s Food or or deceptive or seek to mislead or Beverage Product will aff ord physical, deceive in relation to any nutritional or social or psychological advantage over health claims, nor employ ambiguity other Children, or that non-possession or a misleading or deceptive sense of of the Children’s Food or Beverage urgency, nor feature practices such as Product would have the opposite eff ect. price minimisation inappropriate to the age of the intended audience. 3.4 Advertising or Marketing Communications to Children shall not aim to undermine the role of parents or carers in guiding diet and lifestyle choices.
62 Review of Operations 2008 Appendices Federal Chamber of Automotive Industries (FCAI) Voluntary Appendices Code of Practice for Motor Vehicle Advertising
Explanatory Notes Scope and Coverage of the Code not be used in any way to contradict, Context Th e Code is to be applied to all forms circumvent or undermine the provisions Th e Voluntary Code of Practice for and mediums for advertising of motor of the Code. Motor Vehicle Advertising (the Code) vehicles in Australia. Th is includes has been instituted by the Federal television, radio, print media, cinema, In particular, it is noted that use of Chamber of Automotive Industries billboards and Australian domain disclaimers indicating that a particular (FCAI) as a means of industry internet websites. scene or advertisement was produced self-regulation of motor vehicle under controlled conditions; using advertising in Australia. Th e primary Guidance to Advertisers expert drivers; that viewers should purpose of the Code is to provide Th e FCAI supports a responsible not attempt to emulate the driving guidance to advertisers in relation to approach to advertising for motor depicted; or expressed in other similar appropriate standards for the portrayal vehicles. FCAI asks advertisers to be terms, should be avoided. Such of images, themes and messages relating mindful of the importance of road disclaimers cannot in any way be used to road safety. safety and to ensure that advertising for to justify the inclusion of material motor vehicles does not contradict road which otherwise does not comply with Vehicle occupant protection and safety messages or undermine eff orts to the provisions of the Code. road safety are primary concerns achieve improved road safety outcomes for the automotive industry in the in Australia. Advertisers should avoid references to design and operation of all motor the speed or acceleration capabilities vehicles supplied to the Australian Advertisers should ensure that of a motor vehicle (for example, “0-100 market. FCAI endorses the National advertisements do not depict, encourage km/h in 6.5 seconds”). Other factual Road Safety Strategy and acknowledges or condone dangerous, illegal, aggressive references to the capabilities of the the importance of increased road safety or reckless driving. Moreover, advertisers motor vehicle (for example, cylinder awareness in the Australian community need to be mindful that excessive speed capacity, kilowatt power of the engine, and fully supports the eff orts of is a major cause of death and injury in or maximum torque generated) are all relevant Commonwealth, State road crashes and accordingly should acceptable, provided that they are and Territory authorities to secure avoid explicitly or implicitly drawing presented in a manner that is consistent this outcome. attention to the acceleration or speed with the provisions of the Code. capabilities of a vehicle. Date of Commencement Th e Code contains a specifi c clause Th is revised version of the Code is to FCAI acknowledges that advertisers (clause 3) relating to the use of motor be applied to all advertisements for may make legitimate use of fantasy, sport, simulated motor sport and similar motor vehicles published or broadcast humour and self-evident exaggeration vehicle testing or proving activities in in Australia from 1 July 2004. in creative ways in advertising for motor advertising. It is acknowledged that vehicles. However, such devices should motor sport plays a crucial role in brand
Appendices Review of Operations 2008 63 promotion and the development and with the formal provisions of the FCAI and ASB will work to increase testing of crucial technologies, many Code but are also consistent with the public awareness of the Code and the of which result in safer vehicles. objectives and guidelines expressed complaints process. in these Explanatory Notes which Accordingly the Code seeks to accompany the Code. Consultation ensure that advertisers can continue In developing the Code, FCAI has to legitimately make use of motor sport Compliance and Administration undertaken an extensive process in advertising, provided that care is Assessment of compliance with of consultation with a wide range of taken to ensure that depictions of speed, the Code is to be administered by stakeholders, including representatives racing and other forms of competitive the Advertising Standards Board of the following: driving are clearly identifi ed as taking (ASB). Th e ASB will review all (a) Th e Federal Government and its place in this context. FCAI urges also public complaints made against agencies (including the Australian advertisers to avoid any suggestion that advertisements for motor vehicles under Transport Safety Bureau); depictions of such vehicles participating the terms of the Code. (b) Relevant State and Territory in motor sport, or undertaking other Government authorities; forms of competitive driving are in any In administering the Code, the ASB (c) Th e National Road Safety way associated with normal on-road use is to give relevant advertisers the Strategy Panel (which comprises of motor vehicles. opportunity to present such evidence representatives of police services, as they deem appropriate in defence of road safety authorities, motoring In addition, it is noted that the Code an advertisement under review, prior to organisations and industry groups); contains a clause (clause 4) relating making any determination in relation (d) Th e Australian Automobile to the depiction of off -road vehicles to its consistency, or otherwise, with the Association; which have been designed with special provisions of the Code. (e) Th e Australian Association features for off road operation. Th is of National Advertisers; and clause provides some limited fl exibility Th e ASB will ensure that all complaints (f ) Th e Advertising Standards allowing advertisers to legitimately are considered in a timely fashion. As Bureau Limited. demonstrate the capabilities and a general rule the panel should fi nalise performance of such vehicles in an off - its determination within one calendar 1. Defi nitions road context. In so doing however, care month of a complaint having been In this Code, the following should be taken to ensure that all other received. Where necessary the ASB may defi nitions apply: provisions and the underlying objectives be required to meet more frequently (a) Advertisement: means matter of the Code are still adhered to. In to ensure the timely consideration which is published or broadcast in particular, advertisers should be mindful of complaints. all of Australia, or in a substantial to ensure that advertisements for such section of Australia, for payment vehicles do not involve the depiction Th e ASB will arrange prompt or other valuable consideration of ‘excessive’ or ‘unsafe’ speed. Equally, publication of the reasons for and which draws the attention advertisers should avoid portrayal of all decisions on its website. An of the public, or a segment of images of off -road driving which could annual report on the outcomes it, to a product, service, person, otherwise be construed as being unsafe. of the complaint process will be organisation or line of conduct in compiled and published. a manner calculated to promote In interpreting and applying the or oppose directly or indirectly Code, FCAI asks that advertisers take Companies may also seek an opinion, that product, service, person, into account both the explicit and from the ASB, on whether the content organisation or line of conduct. implicit messages that are conveyed of a planned advertisement meets the (b) Off -road vehicle: means a passenger by an advertisement. Advertisers Code, prior to fi nalisation and release vehicle having up to 9 seating should make every eff ort to ensure of the advertisement. positions including that of the driver that advertisements not only comply having been designed with special
64 Review of Operations 2008 Appendices features for off -road operation, or road-related area, regardless (e) Deliberate and signifi cant consistent with the requirements of of where the driving is depicted environmental damage, particularly the defi nition for such a vehicle as in the advertisement. in advertising for off -road vehicles. provided in the Australian Design 3. Use of Motor Sport in Advertising Rules (MC category). An off -road [Examples: Vehicles travelling Without limiting the general vehicle will normally have 4 wheel at excessive speed; sudden, application of clause 2, advertisers drive. extreme and unnecessary changes may make use of scenes of motor (c) Motor sport: means racing, rallying, in direction and speed of a sport; simulated motor sport; or other competitive activities motor vehicle; deliberately and and vehicle-testing or proving in involving motor vehicles of a unnecessarily setting motor vehicles advertising, subject to the following: type for which a permit would on a collision course; or the apparent (a) Such scenes should be clearly normally be available under the and deliberate loss of control identifi able as part of an organised National Competition Rules of of a moving motor vehicle.] motor sport activity, or testing the Confederation of Australian or proving activity, of a type for Motor Sport, or other recognised (b) People driving at speeds in excess which a permit would normally organising body. of speed limits in the relevant be available in Australia. (d) Motor vehicle: means passenger jurisdiction in Australia in which (b) Any racing or competing vehicles vehicle; motorcycle; light commercial the advertisement is published depicted in motor sport scenes vehicle and off road vehicle. or broadcast. should be in clearly identifi able (e) Road: means an area that is (c) Driving practices or other actions racing livery. open to or used by the public which would, if they were to and is developed for, or has take place on a road or road-related 4. Depiction of Off -road Vehicles as one of its main uses, the driving area, breach any Commonwealth An advertisement may legitimately or riding of motor vehicles. law or the law of any State or depict the capabilities and performance (f ) Road-related area: means an area Territory in the relevant jurisdiction of an off -road vehicle travelling over that divides a road; a footpath or in which the advertisement is loose or unsealed surfaces, or uneven nature strip adjacent to a road; an published or broadcast directly terrain, not forming part of a road or area that is not a road and is open dealing with road safety or traffi c road related area. Such advertisements to the public and designated for regulation. should not portray unsafe driving and use by cyclists or animals; an area [Examples: Illegal use of hand- vehicles must not travel at a speed which that is not a road and that is open held mobile phones or not wearing would contravene the laws of the State or to or used by the public for driving, seatbelts in a moving motor vehicle. Territory in which the advertisement is riding or parking motor vehicles. Motorcyclists or their passengers published or broadcast, were such driving not wearing an approved safety to occur on a road or road related area. 2. General Provisions helmet, while the motorcycle is Advertisers should ensure that in motion.] advertisements for motor vehicles (d) People driving while being do not portray any of the following: apparently fatigued, or under (a) Unsafe driving, including reckless the infl uence of drugs or and menacing driving that would alcohol to the extent that breach any Commonwealth law or such driving practices breach the law of any State or Territory in any Commonwealth law or the the relevant jurisdiction in which law of any State or Territory in the advertisement is published the relevant jurisdiction in which or broadcast dealing with road the advertisement is published safety or traffi c regulation, if such or broadcast dealing directly with driving were to occur on a road road safety or traffi c regulation.
Appendices Review of Operations 2008 65 Appendices Alcohol Beverages Advertising Code
Preamble Defi nitions ii) must not encourage under-age Brewers Association of Australia and For the purpose of this Code – drinking; New Zealand Inc, the Distilled Spirits iii) must not promote off ensive Industry Council of Australia Inc adult means a person who is at least behaviour, or the excessive and the Winemakers Federation of 18 years of age; consumption, misuse or abuse Australia are committed to the goal of of alcohol beverages; all advertisements for alcohol beverages, alcohol beverage includes any iv) must only depict the other than point of sale material, particular brand of alcohol beverage; responsible and moderate produced for publication or broadcast consumption of alcohol in Australia complying with the spirit adolescent means a person aged beverages; and intent of this Code. 14–17 years inclusive; b) not have a strong or evident appeal to children or adolescents and, Th e Code is designed to ensure that Australian Alcohol Guidelines means accordingly – alcohol advertising will be conducted the electronic document ‘Guidelines for i) adults appearing in in a manner which neither confl icts everyone (1-3)’ published by the National advertisements must be over with nor detracts from the need for Health & Medical Research Council 25 years of age and be clearly responsibility and moderation in liquor (NHMRC) as at 1st January 2004. depicted as adults; merchandising and consumption, and ii) children and adolescents may which does not encourage consumption child means a person under 14 years only appear in advertisements by underage persons. of age; and in natural situations (eg family barbecue, licensed family Th e conformity of an advertisement low alcohol beverage means an alcohol restaurant) and where with this Code is to be assessed in beverage which contains less than 3.8% there is no implication that terms of its probable impact upon a alcohol/volume. the depicted children and reasonable person within the class of adolescents will consume or persons to whom the advertisement is Advertisements for alcohol serve alcohol beverages; and directed and other persons to whom the beverages must – iii) adults under the age of 25 advertisement may be communicated, a) present a mature, balanced and years may only appear as and taking its content as a whole. responsible approach to the part of a natural crowd or consumption of alcohol beverages background scene; and, accordingly – i) must not encourage excessive consumption or abuse of alcohol;
66 Review of Operations 2008 Appendices c) not suggest that the consumption e) not challenge or dare people to iii) a photographic or other or presence of alcohol beverages drink or sample a particular alcohol reproduction of any container may create or contribute to a beverage, other than low alcohol or containers (or part thereof, signifi cant change in mood or beverages, and must not contain including any label) in which environment and, accordingly – any inducement to prefer an alcohol the alcohol beverages off ered i) must not depict the beverage because of its higher for sale are packaged; consumption or presence of alcohol content; and iv) the location and/or times at alcohol beverages as a cause f) comply with the Advertiser Code which the alcohol beverages are of or contributing to the of Ethics adopted by the Australian off ered for sale; and achievement of personal, Association of National Advertisers. v) such other matter as is business, social, sporting, sexual g) not encourage consumption that reasonably necessary to enable or other success; is in excess of, or inconsistent with potential purchasers to identify ii) if alcohol beverages are depicted the Australian Alcohol Guidelines the retailer or retailers on whose as part of a celebration, must issued by the NHMRC. behalf the advertisement is not imply or suggest that h) not refer to Th e ABAC Scheme, published, must comply with the beverage was a cause of in whole or in part, in a manner the spirit and intent of the or contributed to success or which may bring the scheme into Code but are not subject to any achievement; and disrepute. process of prior clearance. iii) must not suggest that the consumption of alcohol Internet advertisements Promotion of alcohol at events beverages off ers any therapeutic Th e required standard for Alcohol beverage companies play benefi t or is a necessary aid to advertisements outlined in (a) to (h) a valuable role in supporting many relaxation; above applies to internet sites primarily community events and activities. It is d) not depict any direct association intended for advertising developed by acknowledged that they have the right between the consumption of alcohol or for producers or importers of alcohol to promote their products at events beverages, other than low alcohol products available in Australia or that together with the right to promote beverages, and the operation of a are reasonably expected toCbe made their association with events and event motor vehicle, boat or aircraft or the available in Australia, and to banner participation. However, combined engagement in any sport (including advertising of such products on third with these rights comes a range of swimming and water sports) or party sites. responsibilities. Alcohol beverage potentially hazardous activity and, companies do not seek to promote their accordingly – Retail Advertisements products at events which are designed i) any depiction of the Advertisements which contain the to clearly target people under the legal consumption of alcohol name of a retailer or retailers off ering drinking age. beverages in connection with alcohol beverages for sale, contain the above activities must information about the price or prices Th is protocol commits participating not be represented as having at which those beverages are off ered alcohol beverage companies to taken place before or during for sale, and which contain no other endeavour to ensure that: engagement of the activity in material relating to or concerning the • All promotional advertising in question and must in all cases attributes or virtues of alcohol beverages support of events does not clearly portray safe practices; and except – target underage persons and as ii) any claim concerning i) the brand name or names of such is consistent with the ABAC safe consumption of low alcohol beverages off ered for standard; and alcohol beverages must be sale; demonstrably accurate; ii) the type and/or style of the alcohol beverages off ered for sale;
Appendices Review of Operations 2008 67 • Alcohol beverages served at such • Promotional materials given away Th ird Parties events are served in keeping with at or in association with events do At many events alcohol companies guidelines, and where applicable not link the consumption of alcohol limit their promotional commitments legal requirements, for responsible with sporting, fi nancial, professional to specifi ed activities. Th is protocol serving of alcohol (which preclude or personal success; and only applies to such conduct, activities the serving of alcohol to underage • Promotional materials given or materials associated with events persons); and away at events do not encourage that are also associated with alcohol • Promotional staff at events do not consumption patterns that are beverage companies. promote consumption patterns that inconsistent with responsible are inconsistent with responsible consumption, as defi ned in the Alcohol beverage companies will use consumption, as defi ned in the NHMRC Guidelines; and every reasonable endeavour to ensure NHMRC Guidelines; and • A condition of entry into giveaways that where other parties control • Promotional staff do not misstate promoted by alcohol companies and/or undertake events, including the nature or alcohol content of a at or in association with events is activities surrounding those events, product; and that participants must be over the they comply with this protocol. • Promotional staff at events are of legal drinking age; and Prizes given However non-compliance by third legal drinking age; and away in promotions associated with parties will not place alcohol beverage • Promotional materials distributed at alcohol beverage companies will companies in breach of this protocol. events do not clearly target underage only be awarded to winners who are persons; and over the legal drinking age. Public Education • Promotional materials given away at Th is protocol does not apply to or or in association with events do not seek to restrict alcohol beverage connect the consumption of alcohol companies from being associated with with the achievement of sexual conduct, activity or materials that success; and. educate the public, including underage persons, about the consequences of alcohol consumption and the possible consequences of excessive or underage consumption.
68 Review of Operations 2008 Appendices Advertising Standards Bureau Review of Operations 2008
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