Court upholds advertising watchdog’s decision that TV news segment breached Tobacco ad regulations
The Federal Court has ruled that a news segment reporting on imported cigarettes has breached strict tobacco advertising rules.
The court upheld the ACMA decision
Channel 7 Adelaide broadcast the news segment on 18 July 2010, entitled “Cheap Cigarette Imports”, which the Australian Communications and Media Authority initially said breached the Channel’s licensing conditions prohibiting tobacco advertising.
The Federal Court has ruled that the news segment: “promotes (in the sense of advancing or encouraging) smoking and the purchase or use of tobacco products, as well as giving publicity to those matters.”
Justice Yates said: “It is clear that the respondent was satisfied that images and messages in the segment would not only be likely to increase consumer awareness of, amongst other things, smoking and the availability for purchase of a range of tobacco products.”.
He added: “ It found that these images and messages had an additional quality. The respondent found that the segment gave positive messages about the enjoyment of smoking. It found that the segment advanced or encouraged smoking and the availability of cheap tobacco brands. It found that the segment had the tendency, and potential, to persuade some viewers to continue or to take up smoking.”
“The ACMA welcomes this decision,’ said Acting ACMA Chairman, Richard Bean.
“It provides an important reminder the legal prohibitions against the advertising of tobacco are very strict.
“The law serves an important public health purpose and the ACMA will continue to be vigilant in this area. The ACMA will now consider what remedial action is appropriate.’
The full decision can be read here.