Briefing Note on the Regulation for Alcohol Marketing in Ireland

Transcription

1 Briefing Note on the Regulation for Alcohol Marketing in Ireland Contents 1. Current Codes and Systems for the Regulation of Alcohol Marketing 2 2. Self and Co-Regulation An Explanation 4 3. ASAI an Introduction 6 4. European Self and Co-Regulation 8 Appendices 1 ASAI Alcohol Provisions 9 10 th November

2 1. Current Codes and Systems for the Regulation of Alcohol Marketing 1.1. The advertising of alcohol in Ireland is controlled by a combination of legislation and industry based codes and systems. The following is a brief outline of the rules and procedures currently in place. Broadcasting Authority for Ireland (BAI) General Code 1.2. The General Advertising Code for national broadcast media includes specific provisions for the advertising of alcohol including matters related to preventing the targeting of children. The Code is available at The ASAI Code of Standards for Advertising, Promotional and Direct Marketing in Ireland This Code applies to all traditional media, an increasing range of digital media and provides very specific limitations on the content of advertising. Again there are specific prohibitions related to any targeting of children. Additional provisions relate to the social dimensions of marketing alcohol and health and safety concerns including the prevention of any encouragement of immoderate consumption. The full provisions relating to the advertising of alcohol are included at appendix 2. The ASAI Code is recognised by self-regulatory and trade organisations as being one of the most restrictive in Europe. Monitoring 1.4. The ASAI monitors advertising including the advertising of alcohol products in Ireland based media on a structured basis. The monitoring relates to the provisions of the ASAI Code. Between the years 2005 and 2009, as part of an EASA sponsored exercise, we examined over 600 advertisements for alcohol across a range of media and identified a compliance rate of between 97% and 99.5%. Central Copy Clearance Ireland (CCCI) 1.5. In 2003, following discussions between the Department of Health and Children and the alcohol and advertising industries, CCCI was set up to pre-vet all alcohol brand advertising against the rules of the ASAI Code and those in the BAI General Advertising Code. The objective of the organisation is to ensure that alcoholic drinks are promoted in a responsible manner by ensuring that, before they can be aired in public, all advertisements for alcohol must meet certain objective criteria and must not portray the consumption of alcohol in an inappropriate manner. Irish media will not carry advertisements for alcohol unless they have been approved in advance by CCCI. 2

3 1.6. In recent years, while a number of complaints have been received, the independent Complaints Committee has not found advertisements for alcohol brands to be in breach of the alcohol provisions of the ASAI Code. The last such breach occurred in Alcohol Marketing, Communications and Sponsorship Codes of Practice (AMCMB) 1.7. In addition to investigating complaints on the content of alcohol advertisements, the ASAI has, since 2006, also investigated complaints arising under the co-regulatory placement codes negotiated between the Department of Health and Children and the advertising, media and alcohol industries. The purpose of the placement codes is to reduce the exposure of young people to alcohol advertising and marketing. They also aim to limit the overall level of alcohol advertising and sponsorship across all media in Ireland. The level of advertisements found in breach of these codes has been very low. MEAS 1.8. MEAS was established in August 2002 by the alcohol manufacturers, distributors and trade associations of Ireland as an independent not-for-profit company with no commercial purposes In order to reduce alcohol abuse and misuse, MEAS promotes the mature enjoyment of alcohol amongst consumers through drinkaware.ie and works in partnership with Government and other appropriate bodies In addition to its responsible drinking initiatives, MEAS also promotes social responsibility among producers, marketers, distributors and retailers of alcohol in Ireland through the administration of the MEAS Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks, the MEAS Marketing Advisory Service and the Responsible Serving of Alcohol programme Additional information on the ASAI, self and co-regulation and the European dimension to regulation are included later in the document and we understand that separate submissions are being made by the AMCMB and MEAS. 3

4 2. An Explanation of Self and Co-Regulation in Advertising What is self-regulation? 2.1. Self-regulation is a system by which the advertising industry actively polices itself. The three parts of the industry the advertisers who pay for the advertising, the advertising agencies responsible for its form and content, and the media which carry it agree standards of practice and set up a system to ensure that advertisements which fail to meet those standards are quickly removed or corrected. In the case of alcohol, all advertisements require pre-vetting before publication Self-regulation exists in almost all the Member States of the European Union; in some of them it has been operating for several decades. It takes widely varying forms in different countries, but its underlying ethos is always the same: that advertising should be legal, decent, honest and truthful, prepared with a sense of social responsibility to the consumer and society and with proper respect for the principles of fair competition. The role of self-regulation is acknowledged in various EU initiatives, including most recently the revised Audiovisual Media Services Directive (AMS), the DG Sanco Advertising Roundtable Report 1 (2006) and the European Commission s White Paper - A Strategy for Europe on Nutrition, Overweight and Obesity related health issues (2007) 2. The countries of the new Europe were quick to appreciate the benefits of self-regulation for both industry and consumers: some have already set up systems and others are in the process of doing so. In several of these countries, the important role of self-regulation has already been formally recognised by government. Self-regulation and legislation 2.3. Self-regulation is an alternative to detailed legislation, but not to all legislation. It is now widely accepted that self-regulation works best within a legislative framework. The two complement each other, like the frame and strings of a tennis racquet, to produce a result which neither could achieve on its own The law lays down broad principles, e.g. that advertising should not be misleading, and provides legal backstop in the rare cases where self-regulation has failed to achieve the required result. However, the law is often slow to act, hard for ordinary consumers to understand and too expensive for them to afford, so the theoretical protection it provides may be less readily available in practice. Also, legislation is less effective when dealing with detail: the content of individual advertisements, although it is important to consumers, may be too detailed for the law to concern itself with By contrast, self-regulation is specifically designed to deal with these matters. It offers consumers a quick, uncomplicated and (because it is funded by the advertising industry) costfree means of having their complaints addressed. 1 Full report at 2 Full text at 4

5 Co-Regulation 2.6. Co-regulation involves the co-operation of industry and the state in putting in place a system of regulation for the protection of consumers. It can involve many combinations of arrangements including the recognition of trade regulatory organisations by the state for the carrying out of particular tasks against agreed criteria or regulations. This particular form of regulation is being used with increasing frequency in Europe for the regulation of commercial communications in all areas of industry Many co-regulatory models are using the efficient systems and procedures developed for selfregulation to implement rules or regulations provided by or influenced by a state organisation. 5

6 3. ASAI An Introduction The ASAI 3.1. The ASAI, founded in 1981, is the self-regulatory body set up by the advertising industry to maintain the highest standards in commercial advertising and sales promotions in the public interest. Membership of the Authority consists of advertisers, agencies and all strands of the media including companies representing broadcast, print, outdoor, digital and direct mail. These interests are represented on the Board of the Authority. The role of the media as the gatekeeper is particularly important as they will refuse to publish a commercial advertisement which contravenes the Code In Ireland the rules to ensure that these standards are met are set out in the Code for Advertising, Promotional and Direct Marketing in Ireland. This code is based on principles established by the International Chamber of Commerce and drawn up by the ASAI following detailed consultation with all relevant interests and bodies including the public, consumer representatives, and government department/agencies. The Code contains very specific restrictions on the content of advertisements for alcohol. The Code applies to advertising in all Irish media including broadcast and electronic media The Complaints Committee is chaired by a senior academic and a majority of the 14 members are from a non-industry background. These include senior public servants and individuals with specialist knowledge of children s health and well-being A copy of our Code is enclosed and it is also available on Complaints Procedure 3.5. Initially a complaint is evaluated by the Secretariat, and where appropriate, responses are then sought from the advertiser, the advertising agency or sales promoter. Where, in the light of the response, there is a case for adjudication, the Secretariat prepares a report with a recommendation for the independent Complaints Committee and sends a copy to the complainant and the respondent who have an opportunity to express further views on the matter before adjudication. Consumer complaints are afforded full anonymity through the complaints process 3.6. The ASAI Complaints Committee decides whether or not Code rules have been contravened. Details of the case including the names of the advertiser, advertising agency or sales promoter involved together with the Committee s adjudication are set out in a Case Report which is issued to the parties involved and released for publication. A marketing communication which is in breach of the Code must be withdrawn or amended. A monitoring service carried out by the Secretariat ensures compliance with judgments. The withdrawal of a current advertisement or campaign can incur significant financial costs for advertisers In 2010 the ASAI received 1670 complaints concerning 981 advertisements. 89 advertisements which had 428 complaints were found by the Complaints Committee to be in breach of the provisions of the Code. 6

7 Monitoring 3.8. As already indicated the ASAI monitor advertising in all media. This exercise commenced on a regular structured basis in In advertisements were reviewed and the overall compliance rate was 99 per cent. In the small number of cases where it was necessary to pursue advertisers for non-compliance, agreement was obtained to withdraw or vary the advertising. The Status of Self and Co-Regulation of advertising in Ireland 3.9. The self-regulation of advertising in Ireland is well supported and ASAI receive virtually total co-operation from all strands of the industry including advertisers, agencies and the media. If advertisers refuse to co-operate or seriously breach the Code, they can either be obliged to seek compulsory copy advice or are referred to the National Consumer Agency (NCA) for possible legal action We ensure that consumers are aware of our services through the publication of case reports and advertising that is provided free of charge by our media members ASAI already has a number of arrangements with state agencies, etc., and details are provided below. National Consumer Agency The ASAI has had a long and positive relationship with the Office of the National Consumer Agency (NCA). We have had discussions with the Director of Consumer Affairs about future cooperation between the NCA and ASAI. The Director and her senior staff have indicated that they would like to have a closer working relationship with ASAI, to avoid duplication of effort and to set up a formal mechanism whereby ASAI can report to the NCA on advertisers who refuse to cooperate with the self-regulatory system. They are in the process of drawing up a memorandum of understanding. ComReg ASAI regularly liaise with ComReg on telecommunications advertising issues. They provide advice on technical and commercial issues involving advertising claims. European Extra Judicial-Net The ASAI is part of the EEJ-Net, (European Extra Judicial-Net) which was set up by the European Commission and launched by Commissioner David Byrne in October To belong to this network it was necessary to satisfy the then Department of Enterprise, Trade and Employment and the EU Commission that ASAI complied with the recommended principles established in Commission Recommendation on the Principles applicable for Out-of-Court Settlement of Consumer Disputes (98/257/CE). These principles relate to independence, transparency, adversarial process, effectiveness, legality, liberty and representation. 7

8 4. European self and Co-Regulation 4.1. Set up in 1992, the European Advertising Standards Alliance (EASA) is the single voice for advertising self-regulation in Europe. EASA promotes responsible advertising through best practice in self-regulation for the benefit of consumers and business. Its work is vital to the continuation of advertising self-regulation. The ASAI engages closely through participation on various EASA committees EASA is uniquely placed to represent advertising self-regulation at European level. Its members are 26 European self-regulatory organisations (SROs) and European associations representing the advertising business advertisers, agencies and the media EASA s objectives are five-fold: to promote and support self-regulation to develop and promote best practice in the field of self-regulation to manage cross-border complaints to provide information and research to promote convergence amongst national self-regulatory systems 4.4. In addition, under the leadership of EASA, self-regulatory organisations, the industry, EU officials and representatives of NGO s are discussing the range of current and emerging issues that have implications for the regulation of advertising. Current discussions are primarily concerned with the regulation of digital media The availability of the cross-border complaints system allows consumers in Ireland to submit complaints concerning the content of advertising in foreign media. In 2010 we dealt with 55 cross-border complaints and most of these related to U.K. media. 8

9 Appendix 1 Extract from the Code of Standards for Advertising, Promotional and Direct Marketing in Ireland 7. Alcoholic Drinks 7.1 Marketing communications for alcoholic drinks (i.e. those that exceed 1.2% alcohol by volume) should be socially responsible and should not exploit the young or the immature. They should neither encourage excessive drinking nor present abstinence or moderation in a negative way. 7.2 Marketing communications which depict or refer to alcohol may be considered under the rules of this Section, whether or not alcohol is the main product being marketed. 7.3 Advertisers should be aware that there are other requirements that alcohol marketing communications must comply with and their attention is drawn to the list under Other Requirements at 7.9. Social Dimension 7.4 Marketing communications may refer to the social dimension or refreshing attributes of a drink, but: (a) should not imply that alcohol can improve physical performance or personal qualities or capabilities; (b) should not imply that the presence or consumption of alcohol can contribute to social, sporting or business success or distinction or that those who do not drink are less likely to be acceptable or successful than those who do; (c) should not suggest, by word or allusion that the presence or consumption of alcohol can contribute towards sexual success or make the drinker more attractive. Advertisers should take account of public sensitivities regarding coarseness and sexual innuendo in marketing communications for alcohol; (d) should not portray drinking alcohol as a challenge nor should it be suggested that those who drink are brave, daring or tough; (e) should not link in any way the presence or consumption of alcohol to aggressive or anti-social behaviour. 7.5 Marketing communications should not suggest that a product can mask the effects of alcohol in tests on drivers; marketing communications for breath-testing devices should include a prominent warning on the dangers of drinking and driving. Children 7.6 Marketing communications should not be directed at children or in any way encourage them to start drinking. Accordingly: (a) Anyone depicted in an alcohol marketing communication should be aged over 25 and should appear to be over 25. (b) Aspects of youth culture and treatments that are likely to appeal to children should not be used. Treatments should not portray adolescent, juvenile, childish or immature behaviour. (c) Marketing communications should not feature personalities or characters (real or fictitious) that would have a particular appeal to children in a way that would encourage them to drink. (d) Alcohol marketing communications should not be placed in media primarily intended for children. Advertisers should take account of the age profile so that marketing communications are communicated, so far as is possible, to adults. In this context the Authority will take account of the 9

10 voluntary codes agreed by the Department of Health and Children, the drinks industry and the media as detailed under Other Requirements at 7.9. Health and Safety 7.7 In the interests of health and safety: (a) Marketing communications should not show, imply or encourage immoderate or irresponsible drinking or regular solitary drinking. This applies to the amount of drink, the numbers drinking or the way drinking is portrayed. The buying of a large round of drinks should not be depicted or implied. (b) Marketing communications for alcohol should not portray drinking games or sessions or show or imply pub or club crawls. (c) Abstinence or moderation should not be presented in a negative light. (d) Marketing communications may not suggest, or commend, or make fun of over-indulgence or its after-effects. (e) Marketing communications should not claim that alcohol has therapeutic qualities or that it is a stimulant, a mood-changer or a sedative, or that it is a means of boosting confidence or resolving personal conflict. (f) Advertisers should ensure that low-alcohol drinks (i.e. those that contain 2.8% alcohol by volume or less) are not promoted in a way that encourages inappropriate consumption. (g) Marketing communications should not depict any association with activities or locations where drinking alcohol would be unsafe, unwise or unacceptable. In particular, marketing communications should not associate the consumption of alcohol with operating machinery, driving, any activity relating to water or heights, or any other occupation that requires concentration in order to be done safely. (h) With the exception of drinks below 2.8% alcohol by volume, which are subject to the provisions of 7.7(f) above, factual information can be given about the alcoholic strength of a particular drink but it should not be the principal theme of any marketing communication. Drinks should not be promoted as being more intoxicating or presented as preferable because of their higher alcohol content. 7.8 Sales promotions involving alcohol that require multiple purchases should take care not to promote excessive consumption. Other Requirements 7.9 Attention is drawn to a number of other requirements, in addition to those in this Code, which apply to the marketing of alcohol in Ireland: All campaigns by drinks manufacturers solely or mainly for alcohol carried in Irish media must carry Central Copy Clearance Ireland approval. The voluntary codes agreed between the Department of Health and Children, the drinks industry and the media in relation to television, radio, cinema and outdoor/ambient media. Codes of standards, practices and prohibitions in advertising, sponsorship, and other forms of commercial promotion in broadcasting service, regulated by the Broadcasting Commission of Ireland. Code for Sponsorships by Alcohol Drinks Companies. Intoxicating Liquor Acts,