Businesses advertising alcohol either in TV or non-broadcast format need to ensure they comply with the new Alcohol Advertising Codes (“Codes”). The Codes for both TV and non-broadcast advertisements have now been published. All alcohol advertisements appearing from 1 October 2005 need to be compliant with the Codes. They include such things as:
Marketing communications should be socially responsible and should neither encourage excessive drinking nor suggest that drinking can overcome boredom, loneliness or other problems.
Care should be taken not to exploit the young, the immature or those who are mentally or socially vulnerable.
People shown drinking or playing a significant role should neither be nor look under 25 and should not be shown behaving in an adolescent or juvenile way.
Younger people may be shown in marketing communications, for example in the context of family celebrations, but should be obviously not drinking. Marketing communications should not suggest that drinking alcohol is a reason for the success of any personal relationship or social event. Links must not be made between alcohol and seduction, sexual activity or sexual success.
The wording of the Codes differs slightly for television advertisements although the meaning and effect would be the same.
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© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
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