Changes to the Broadcasting Codes on Promotion of Liquor

At the end of 2003 the Broadcasting Standards Authority (BSA) agreed to consider representations from the television and radio industry associations to change the 1995 Promotion of Liquor Code. This followed the Advertising Standards Authority's (ASA's) review of liquor advertising in 2003 which conducted public hearings to hear submissions. The BSA, represented on that review by its former chair, also agreed that the consultation process of the ASA would be a consultation process for a review of the Broadcasting Code on liquor promotion. Thirty-four submissions on the Code were received.

The broadcaster associations requested that the 1995 Code be abolished and that new standards be included in the main broadcasting Codes.

Restrictions on liquor promotion are required by the Broadcasting Act. The BSA approached the exercise guided by the overarching principle of social responsibility. They have been considering and negotiating the proposals in detail over many months and have also sought the advice of ALAC, Radio New Zealand, Sky TV and Maori Television.

Agreement has now been reached on a new Code. This becomes Standard 11 for the Free To Air Television Code and also applies to the Radio and Pay Television Codes. The wording for each Code is the same.

The new liquor promotion restrictions take effect from 1 December 2004 and on that date the 1995 Promotion of Liquor Code will also be abolished. The full BSA Free to Air Television Code of Broadcasting Practice is available on the BSA website www.bsa.govt.nz. Also abolished is the NZ Sports Assembly Voluntary Sports Code on Liquor Advertising and Promotion on Television

Promotion of Liquor in Sports Programmes

To assist programme makers, sports organisations and sponsors, television broadcasters have published guidelines for restrictions on Liquor Promotion in the coverage of sports events. These are also detailed below.

Changes to the ASA Code for Advertising Liquor

The revision has also produced a change to Principle 4 of the Advertising Standards Authority Code for Advertising Liquor. That principle now reads:

New 4 (d) for ASA Code for Advertising Liquor

4(d) Broadcasters must take care to avoid the impression that liquor promotion is dominating the viewing or listening period when broadcasting liquor advertisements, liquor sponsorship advertisements and/or liquor sponsorship credits taking into account the context of the programme.

Television liquor advertising shall not exceed 6 minutes per hour, and there shall be no more than 2 advertisements for liquor in a single commercial break.

The full Code is available at www.asa.co.nz

Broadcasting Code for the Promotion of Liquor

Standard/Principle
In the preparation and presentation of programmes, broadcasters must observe restrictions on the promotion of liquor appropriate to the programme genre being broadcast. Liquor Promotion should be socially responsible and must not encourage consumption by people who are under the legal age to purchase liquor.

Definition
Liquor Promotion comprises:

- promotion of a liquor product, brand or outlet ('promotion')
- liquor sponsorship of a programme ('sponsorship')
- advocacy of liquor consumption ('advocacy')

Guidelines

11a Liquor Promotion must not appear in programmes specifically directed at children.

11b Broadcasters must ensure that Liquor Promotion does not dominate programmes.

11c Broadcasters are not required to exclude promotion from coverage of an actual event or situation being broadcast where promotion is a normal feature of the event or situation but must take guideline 11b into account.

11d Sponsorship of a programme must be confined to the brand, name or logo and must not include a sponsor's sales message.

11e Promos for a liquor-sponsored programme shall clearly and primarily promote the programme. The sponsor and sponsorship may be featured only in a subordinate manner, be confined to the brand, name or logo and must not include a sponsor's sales message.

11f When scheduling liquor-sponsored programmes, broadcasters will also take into account the requirements of principle 4.4 and Guideline 4(c) of the Advertising Standards Authority's Code for Advertising Liquor (which requires broadcasters to take care to avoid the impression that liquor promotion is dominating the viewing period).

11g In the preparation and presentation of programmes, broadcasters must avoid advocacy of excessive liquor consumption.

Guidelines for the Promotion of Liquor in Sports Programmes

These guidelines are intended to cover the promotion of liquor in sports programmes (including the coverage of sporting matters in factual programmes) and assist in the interpretation of Standard 11 Liquor Promotion in the BSA Free-to-Air Television Programme Code. The promotion of liquor in programme genres such as news, drama and entertainment (as well as sports) is regulated through Standard 11.

Sports programmes

These programmes include live coverage and delayed coverage of sports events. These guidelines are intended to assist the owners, organisers, sponsors and broadcasters of such events in regulating the amount of promotion of liquor which may occur in any broadcast of the event or from the site of the event.

1.1 Ground Signage

- Broadcasters will take care that the incidental presentation of ground signage does not give the impression of saturation by liquor in the television coverage of an event.

- If the only sponsor is a liquor brand/company/product then care needs to be taken so that the promotion of liquor does not overwhelm the depiction of the event on television.

1.2 Product Promotion

- Broadcasters showing interviews in a sports context such as a dressing room should avoid the deliberate or contrived exposure of liquor. The wearing of official team clothing including liquor sponsorship is allowed.

- The moderate use of a celebratory drink or spraying champagne is acceptable practice.

- Premeditated staging of athletes holding packaged liquor products for television should not be broadcast.

1.3 Apparel

- Broadcasters will respect the commercial arrangements made by sporting organisations and individual athletes, which are reflected in the apparel worn by players, administrators, coaches and other officials. As a result, sports programmes will broadcast events without intervention as long as the overall impact complies with the Liquor Promotion Standard in the BSA Free-to-Air Television Code and these guidelines.

- Branded headwear is permitted provided it forms part of the official apparel.

1.4 Changing Room, Warm-up Areas and Tunnel Signage

- Changing room, warm-up areas and tunnel signage which appear on television may incorporate sponsorship logos.

1.5 Backdrops for Tour/Event Announcements, Interviews and Presentations

- Broadcasters will respect the commercial arrangements made by sporting organisations which are reflected in the backdrops for these events.

- If the only sponsor is a liquor product/company then care needs to be taken to ensure that the promotion of liquor does not dominate the broadcast of the announcement/interview.