Inquiry into sexually explicit outdoor advertising Report No. 36 Health and Community Services Committee January 2014 Health and Community Services Committee Chair Mr Trevor Ruthenberg MP, Member for Kallangur Deputy Chair Mrs Jo-Ann Miller MP, Member for Bundamba Members Ms Ros Bates MP, Member for Mudgeeraba Dr Alex Douglas MP, Member for Gaven Mr John Hathaway MP, Member for Townsville Mr Jon Krause MP, Member for Beaudesert Mr Dale Shuttleworth MP, Member for Ferny Grove Staff Ms Sue Cawcutt, Research Director Ms Lee Archinal, Principal Research Officer (part-time) Ms Kathleen Dalladay, Principal Research Officer (part-time) Mr Karl Holden, Principal Research Officer (part-time until November 2013) Ms Liz Sbeghen, Principal Research Officer (part-time from October 2013) Ms Stephanie Cash, Executive Assistant Contact details Health and Community Services Committee Parliament House George Street Brisbane Qld 4000 Telephone +61 7 3406 7688 Fax +61 7 3406 7070 Email [email protected] Web www.parliament.qld.gov.au/hcsc Contents Abbreviations viii Chair’s foreword ix Recommendations x 1 Introduction 1 1.1 Role of the committee 1 1.2 Terms of reference 1 1.3 The committee’s process 1 1.3.1 Submissions 1 1.3.2 Public briefings and hearings 2 1.3.3 Parliamentary and expert reports 2 1.3.4 Legislation and regulatory frameworks 3 1.3.5 Protection of children 3 2 Scope of the committee’s inquiry 4 2.1 Introduction 4 2.2 Industry bodies 4 2.2.1 Australian Association of National Advertisers 4 2.2.2 Outdoor Media Association 4 2.3 Outdoor advertising 4 2.3.1 Range and locations of outdoor advertising 4 2.3.2 Advertising industry – out-of-home advertising 5 2.3.3 Submissions to the committee 5 2.3.4 House of Representatives Committee inquiry into billboard and outdoor advertising 5 2.3.5 Committee view 6 2.3.6 Size of the outdoor advertising industry 6 2.4 Unique features of outdoor advertising 6 2.4.1 Wide audience 6 2.4.2 No choice – cannot be ‘switched off’ 7 2.4.3 Cannot be avoided by children 7 2.5 Sexually explicit advertising 7 2.5.1 What is ‘sexually explicit’? 7 2.5.2 Range of views about what is “sexually explicit and inappropriate” 8 2.6 The extent of sexually explicit outdoor advertising in Queensland 10 2.7 Regulation of sexually explicit outdoor advertising - findings and recommendations of other inquiries 11 2.7.1 Sexualisation of children in contemporary media 12 2.7.2 Reclaiming Public Space: Inquiry into the regulation of billboard and outdoor advertising 14 2.7.3 Review of the National Classification Scheme: achieving the right balance 17 2.7.4 Classification – Content Regulation and Convergent Media (February 2012) 18 Health and Community Services Committee iii 3 Current self-regulation of outdoor advertising 19 3.1 Introduction 19 3.2 Industry self-regulation – Advertising Standards Board 19 3.2.1 Background 19 3.2.2 Standards Board determines complaints 19 3.2.3 Criteria for determining complaints about advertisements 20 3.2.4 AANA Code of Ethics 20 3.2.5 Process for complaints and determinations 20 3.2.6 Action if a complaint is upheld 21 3.2.7 Review of ASB decisions 21 3.2.8 Timeliness of complaint process 21 3.2.9 Outdoor advertising complaint as a proportion of advertising complaints 21 3.2.10 Modifications to the AANA Code of Ethics 22 3.2.11 Consistency of Standards Board decisions with prevailing community standards 22 3.3 Case studies – complaints and determinations 22 4 Impact of sexually explicit advertising on children (sexualisation and other adverse impacts) 33 4.1 Introduction 33 4.2 Sexually explicit and inappropriate images 33 4.3 Sexualisation and children 34 4.4 The audience for outdoor advertising 35 4.5 The impacts of sexually explicit advertising on children 36 4.5.1 Definition of child 36 4.5.2 Research evidence of impacts 36 4.6 Community concerns about the impact of sexual imagery in outdoor advertising 37 4.6.1 Self-regulation and consistency with prevailing community standards and values 38 4.6.2 Placement of outdoor advertising using sexual imagery 40 4.6.3 Perception of greater prevalence of sexual imagery in outdoor advertising 41 4.6.4 Lack of parental control 42 4.6.5 Other concerns 43 4.7 Adopting a precautionary approach to protect children 44 5 Current regulation of other media and aspects of advertising 47 5.1 Introduction 47 5.2 Types of regulation 47 5.3 Legislation which applies to outdoor advertising 48 5.3.1 Misleading, false and deceptive advertising – Commonwealth 48 5.3.2 Queensland licensing laws 48 5.4 Queensland regulation of advertising within the boundaries of, or visible from, state- controlled roads 49 5.5 Queensland local government legislation 49 5.5.1 Example: Brisbane City Council’s Advertisements Local Laws 49 5.6 Regulation of advertising of specific types of products 50 5.6.1 Tobacco advertising – government regulation 51 iv Health and Community Services Committee 5.7 Regulation of other forms of media 51 5.7.1 National Classification Scheme – government regulation 51 5.7.2 Classification of films and computer games 52 5.7.3 Classification of publications 52 5.7.4 Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 53 5.8 Television content and advertising – co-regulation 54 6 International regulatory approaches to outdoor advertising 56 6.1 Introduction 56 6.2 The International Chamber of Commerce (ICC) 56 6.3 European Advertising Standards Alliance 57 6.4 United Kingdom 57 6.4.1 Self-regulation 57 6.4.2 Code of Conduct and Charter 57 6.4.3 Complaints process 58 6.4.4 Sanctions 59 6.5 Canada 59 6.5.1 Self-regulation 59 6.5.2 Code of Conduct 59 6.5.3 Complaints process 60 6.5.4 Sanctions 60 6.6 New Zealand 60 6.6.1 Self-regulation 60 6.6.2 Codes of Conduct 61 6.6.3 Complaints process 61 6.6.4 Sanctions 61 6.7 United States 61 6.8 Summary 62 7 Adequacy of existing regulation of outdoor advertising in Queensland 63 7.1 Introduction 63 7.2 Community awareness of the complaints system 63 7.2.1 Knowledge of where and how to complain 63 7.2.2 Committee comment 63 7.2.3 Public awareness of how complaints are assessed 64 7.2.4 Committee comment 64 7.3 Enforcement of Advertising Standards Board decisions 65 7.3.1 Industry co-operation essential to the current system 65 7.3.2 No enforcement capacity if advertiser does not voluntarily comply 65 7.3.3 Should there be penalties for breaches of the Code of Ethics? 66 7.3.4 Non-compliance with Standards Board – small business 66 7.3.5 Non-compliance with Standards Board – campervan hire 66 7.3.6 Compliance with Standards Board – variation of advertisement 67 7.3.7 Committee comment 67 Health and Community Services Committee v 7.3.8 Potential for non-compliance to generate additional publicity 67 7.3.9 Committee comment 67 7.4 Timeliness of action on advertisements that breach the Code of Ethics 68 7.4.1 Standards Board and ASB meetings to consider complaints 68 7.4.2 Community views about timeliness 68 7.4.3 Committee comment 68 7.5 Placement of outdoor advertisements 69 7.5.1 Committee comment 69 7.6 Advertiser awareness of relevant standards 70 7.6.1 Committee comment 70 7.7 Summary 70 8 Is reform needed? 71 8.1 Introduction 71 8.1.1 Broad range of community views about advertising content 71 8.1.2 Industry response to community views 71 8.1.3 Limited reform required 71 8.2 Government regulation 72 8.2.1 National Classification Scheme for films, computer games and publications – ‘G- rating’ 72 8.2.2 Public nuisance offence - offensive slogans and images on vehicles 73 8.3 Co-regulation 74 8.4 Government representation on Standards Board 74 8.5 Strengthened self-regulation 74 8.6 Preferred approach to reform – co-regulation and strengthened industry complaints system 74 8.6.1 Code of Ethics 75 8.6.2 Adjudication board 77 8.6.3 Decisions of the Standards Board 77 8.6.4 Referral to the Department of Justice and Attorney-General - enforcement of decisions 78 8.6.5 Fines and other actions available to the Department 78 8.6.6 Research into prevailing community views 79 8.6.7 Timeliness of complaints process 79 8.6.8 Self-initiated investigations 80 8.6.9 Promote awareness of complaints handling process 81 8.7 Community and local government action about outdoor advertising 81 Appendices 82 Appendix A – List of Submissions 82 Appendix B – Witnesses at public hearings and briefings 85 Appendix C – Australian Association of National Advertisers Code of Ethics 86 Appendix D – Recommendations of Parliamentary Inquiries and Responses 88 vi Health and Community Services Committee Case Studies Case Study 1: Advanced Medical Institute 23 Case Study 2: Wicked Campervans 27 Case Study 3: Honey Birdette 30 Case Study 4: HoneyB’s 31 Tables Table 1: Classification of films and computer games 53 Table 2: Classification of television content and advertising 55 Health and Community Services Committee vii Sexually explicit outdoor advertising Abbreviations AANA Australian Association of National Advertisers AASW Australian Association of Social Workers ABAC scheme Alcohol Beverages Advertising Code Scheme ACB Advertising Claims Board ACCC Australian Competition and Consumer Commission ACL Australian Christian Lobby ACMA Australian Communications and Media Authority ALRC Australian Law Reform Commission AMI Advanced Medical Institute APA American Psychological Association ASA Advertising Standards Authority (UK) ASB Advertising Standards Bureau ASBOF UK Advertising Standards Board of Finance ASC Advertising Standards Canada CAP UK Committee of Advertising Practice Classification National Classification Scheme for publications, computer games and films Scheme the committee Health and Community Services Committee EASA European Advertising Standards Alliance HRSCSPLA House of Representatives Standing Committee on Social Policy and Legal Affairs ICC International Chamber of Commerce; it issued a code of advertising practice in 1937 and many self-regulatory systems, including Australia’s, are based on the current ICC code.