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The ABAC Scheme The Alcohol Beverages Advertising Code (ABAC) …
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Language: english
Created: Wed Apr 28 03:47:40 2004
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The ABAC
Scheme
The Alcohol Beverages Advertising Code (ABAC)
And Complaints Management Scheme
An information brochure prepared
by the Principals of ABAC:
Australian Associated Brewers Inc (AAB)
Distilled Spirits Industry Council of Australia Inc (DSICA)
Liquor Merchants Association of Australia Ltd (LMA)
Winemakers Federation of Australia Inc (WFA)
In association with:
Advertising Federation of Australia (AFA)
The Alcohol Beverages Advertising Code (ABAC) And Complaints Management Scheme
INTRODUCTION ADVERTISING REGULATION
The Alcohol Beverages Advertising Code (ABAC) and All advertising for alcohol beverages is required to
Complaints Management System is the self regulating comply with both the Australian Association of
advertising scheme of the Australian alcohol beverages National Advertisers (AANA) Advertiser Code of Ethics,
industry. which applies to all forms of advertising, and the
Alcohol Beverages Advertising Code (ABAC).
The Code was first introduced in 1998 and updated in
2004 to take into account changes including the The AANA Advertiser Code of Ethics is administered by
growing use of internet advertising and promotional the Advertising Standards Bureau. The Bureau also
events for alcohol beverages. administers the Advertising Standards Board (ASB)
which is an independent panel which considers
The ABAC scheme has been prepared in agreement complaints about advertising involving issues of
with all major Australian alcohol beverages discrimination, vilification, violence, sex, sexuality,
manufacturing and marketing industry associations and nudity, alarm and distress to children, language and
key advertising, media and consumer bodies. The health and safety.
Australian Consumers Association and the Australian
Competition and Consumer Commission were The Alcohol Beverages Advertising Code complements
consulted in the foundation of the Code and relevant the AANA Advertiser Code of Ethics and provides for
Government Ministers, their advisors and departments more specific guidance in relation to the advertising of
were consulted through the work of the Ministerial alcohol beverages.
Council on Drug Strategy for this update.
ABAC is operated by a Management Committee that
includes representatives of each of the following
associations, as well as a government representative:
Australian Associated Brewers Inc
Distilled Spirits Council of Australia Inc
Liquor Merchants Association of Australia Ltd.
Winemakers Federation of Australia Ltd.
Advertising Federation of Australia, plus
A government representative.
Members of these industry associations and other
signatories have committed to abide by both the Code
and the decisions of the ABAC Complaints
Adjudication Panel.
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ALCOHOL BEVERAGES ADVERTISING CODE
Preamble b) not have a strong or evident appeal to children or
adolescents and, accordingly
Australian Associated Brewers Inc, the Distilled Spirits
Industry Council of Australia Inc, the Winemakers i) adults appearing in advertisements must be over
Federation of Australia and the Liquor Merchants 25 years of age and be clearly depicted as adults;
Association of Australia Ltd are committed to the goal of
ii) children and adolescents may only appear in
all advertisements for alcohol beverages, other than point
advertisements in natural situations (eg family
of sale material, produced for publication or broadcast in
barbecue, licensed family restaurant) and where
Australia complying with the spirit and intent of this Code.
there is no implication that the depicted children
The Code is designed to ensure that alcohol advertising will and adolescents will consume or serve alcohol
be conducted in a manner which neither conflicts with nor beverages; and
detracts from the need for responsibility and moderation in iii) adults under the age of 25 years may only appear
liquor merchandising and consumption, and which does as part of a natural crowd or background scene;
not encourage consumption by underage persons.
c) not suggest that the consumption or presence of alcohol
The conformity of an advertisement with this Code is to beverages may create or contribute to a significant
be assessed in terms of its probable impact upon a change in mood or environment and, accordingly
reasonable person within the class of persons to whom
the advertisement is directed and other persons to whom i) must not depict the consumption or presence of
the advertisement may be communicated, and taking its alcohol beverages as a cause of or contributing to
content as a whole. the achievement of personal, business, social,
sporting, sexual or other success;
Definitions ii) if alcohol beverages are depicted as part of a
For the purpose of this Code celebration, must not imply or suggest that the
beverage was a cause of or contributed to success
adult means a person who is at least 18 years of age; or achievement; and
alcohol beverage includes any particular brand of iii) must not suggest that the consumption of alcohol
alcohol beverage; beverages offers any therapeutic benefit or is a
necessary aid to relaxation;
adolescent means a person aged 14-17 years inclusive;
d) not depict any direct association between the
Australian Alcohol Guidelines means the electronic consumption of alcohol beverages, other than low
document `Guidelines for everyone (1-3)' published by the alcohol beverages, and the operation of a motor
National Health & Medical Research Council (NHMRC) as vehicle, boat or aircraft or the engagement in any
at 1st January 2004. sport (including swimming and water sports) or
potentially hazardous activity and, accordingly
child means a person under 14 years of age; and
i) any depiction of the consumption of alcohol
low alcohol beverage means an alcohol beverage
beverages in connection with the above activities
which contains less than 3.8% alcohol/volume.
must not be represented as having taken place
before or during engagement of the activity in
Advertisements for alcohol beverages question and must in all cases portray safe
must practices; and
a) present a mature, balanced and responsible approach ii) any claim concerning safe consumption of low
to the consumption of alcohol beverages and, alcohol beverages must be demonstrably accurate;
accordingly
e) not challenge or dare people to drink or sample a
i) must not encourage excessive consumption or particular alcohol beverage, other than low alcohol
abuse of alcohol; beverages, and must not contain any inducement to
prefer an alcohol beverage because of its higher
ii) must not encourage under-age drinking; alcohol content; and
iii) must not promote offensive behaviour, or the f) comply with the Advertiser Code of Ethics adopted by
excessive consumption, misuse or abuse of alcohol the Australian Association of National Advertisers.
beverages;
g) not encourage consumption that is in excess of, or
iv) must only depict the responsible and moderate inconsistent with the Australian Alcohol Guidelines
consumption of alcohol beverages; issued by the NHMRC.
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Internet advertisements preclude the serving of alcohol to underage persons);
and
The required standard for advertisements outlined in (a) to
(g) above applies to internet sites primarily intended for Promotional staff at events do not promote
advertising developed by or for producers or importers of consumption patterns that are inconsistent with
alcohol products available in Australia or that are responsible consumption, as defined in the NHMRC
reasonably expected to be made available in Australia, and Guidelines; and
to banner advertising of such products on third party sites.
Promotional staff do not misstate the nature or alcohol
content of a product; and
Retail Advertisements
Promotional staff at events are of legal drinking age;
Advertisements which contain the name of a retailer or
retailers offering alcohol beverages for sale, contain and
information about the price or prices at which those Promotional materials distributed at events do not
beverages are offered for sale, and which contain no
clearly target underage persons; and
other material relating to or concerning the attributes or
virtues of alcohol beverages except Promotional materials given away at or in association
i) the brand name or names of alcohol beverages with events do not connect the consumption of
offered for sale; alcohol with the achievement of sexual success; and
Promotional materials given away at or in association
ii) the type and/or style of the alcohol beverages offered
for sale; with events do not link the consumption of alcohol
with sporting, financial, professional or personal
iii) a photographic or other reproduction of any container success; and
or containers (or part thereof, including any label) in
Promotional materials given away at events do not
which the alcohol beverages offered for sale are
packaged; encourage consumption patterns that are inconsistent
with responsible consumption, as defined in the
iv) the location and/or times at which the alcohol NHMRC Guidelines; and
beverages are offered for sale; and
A condition of entry into giveaways promoted by
v) such other matter as is reasonably necessary to alcohol companies at or in association with events is
enable potential purchasers to identify the retailer or that participants must be over the legal drinking age;
retailers on whose behalf the advertisement is and prizes given away in promotions associated with
published, must comply with the spirit and intent of alcohol beverage companies will only be awarded to
the Code but are not subject to any process of prior winners who are over the legal drinking age.
clearance.
Third Parties
Promotion of alcohol at events At many events alcohol companies limit their promotional
Alcohol beverage companies play a valuable role in commitments to specified activities. This protocol only
supporting many community events and activities. It is applies to such conduct, activities or materials associated
acknowledged that they have the right to promote their with events that are also associated with alcohol
products at events together with the right to promote beverage companies.
their association with events and event participation.
Alcohol beverage companies will use every reasonable
However, combined with these rights comes a range of
endeavour to ensure that where other parties control
responsibilities. Alcohol beverage companies do not seek
and/or undertake events, including activities surrounding
to promote their products at events which are designed
to clearly target people under the legal drinking age. those events, they comply with this protocol. However
non-compliance by third parties will not place alcohol
This protocol commits participating alcohol beverage beverage companies in breach of this protocol.
companies to endeavour to ensure that:
Public Education
All promotional advertising in support of events does
not clearly target underage persons and as such is This protocol does not apply to or seek to restrict alcohol
consistent with the ABAC standard; and beverage companies from being associated with conduct,
activity or materials that educate the public, including
Alcohol beverages served at such events are served in underage persons, about the consequences of alcohol
keeping with guidelines, and where applicable legal consumption and the possible consequences of
requirements, for responsible serving of alcohol (which excessive or underage consumption.
Page 4
THE COMPLAINT MANAGEMENT SYSTEM
All complaints about advertising are channelled through the Advertising Standards Board, which provides a single
point of contact for consumers.
If the complaint is about an advertisement for an alcohol beverage, a copy of it is referred immediately
to the Chief Adjudicator of the ABAC Complaints Panel. The Chief Adjudicator must refer the complaint to the
ABAC Complaints Panel, unless it raises issues which fall solely within the province of the separate AANA Code of
Ethics. A complaint may be considered against both the AANA and ABAC codes.
ABAC Complaint Management System 1
Complainant
Complaint informed of ASB
sent to and/or ABAC
decision(s)
Advertising Standards Board
For information on the ASB process, please visit www.advertisingstandardsbureau.com.au
Copy of Advertising
complaint Standards Board
sent to informed of
decision and, if
complaint is
upheld, the
ABAC Complaints advertisers
ABAC Chief Advertiser advised
Panel considers response
Adjudicator of Panel decision
the complaint
If complainant raises issues All other complaints are If the complaint is upheld,
which are `solely within' the adjudicated by the ABAC the advertiser is asked to
AANA Code it will be dealt complaints panel. modify or withdraw the ad.
with only by the ASB.
1
A complaint may be adjudicated by both the ASB and the ABAC against these two separate, but complementary codes.
Dealing with Complaints Reporting the Panel's decisions
Under the ABAC scheme, all complaints referred to the The Chief Adjudicator of the ABAC Complaints
Complaints Adjudication Panel will be assessed to Adjudication Panel will preside over the complaints
ensure unbiased interpretation of the Code and adjudication process and will advise the Advertising
independent adjudication on complaints about alcohol Standards Board, the Advertiser and the ABAC
beverages advertising. Management committee in writing of the outcome of
the Panel's decisions. The Advertising Standards
To ensure consistent and effective decision-making, a Board will then advise the complainant of the outcome
panel of three members will be available to consider of their complaint.
complaints. One member of the panel will be a health
expert appointed in consultation with government. At the end of each year, the ABAC Management
Committee will publish a report on the ABAC scheme for
Consistent with the expectations of the broader that year. It will be circulated to relevant State and Federal
community, all panel members represent broad, Ministers and Departments and to appropriate advertising
mainstream values. They are independent of the and media industry bodies, including the Advertising
alcohol industry and do not represent any particular Standards Bureau. The report will also be available to the
interest group. public through ABAC members' websites.
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The Alcohol Beverages Advertising Code (ABAC) And Complaints Management Scheme
ALCOHOL ADVERTISING INTERNATIONAL BEST PRACTICE IN
PRE-VETTING SYSTEM (AAPS) ADVERTISING SELF-REGULATION
Underpinning the ABAC is the Alcohol Advertising The AAPS and the ABAC Code represent international
Pre-vetting System (AAPS) which is also managed by Best Practice in advertising self-regulation. Both
the Australian Associated Brewers (AAB), the Distilled schemes are outstanding examples of the alcohol
Spirits Industry Council of Australian (DSICA), and the beverage industry working together to satisfy the
Winemakers Federation of Australia (WFA) for their
community's concern about alcohol advertising and
members.
promotion. Our system is also ground-breaking
The primary function of AAPS is to re-inforce the internationally, with several countries adopting the
effectiveness of the ABAC Code, by utilising model or developing systems based on it.
independent adjudicators to evaluate advertisements for
alcohol beverages against the Code at the concept or
story-board stage.
AAPS has proven to be an effective self-regulatory filter
applied before an advertisement goes into final
production and is broadcast or published.
An application form for AAPS approval can be
downloaded from www.afa.org.au under
Advertising Regulations.
The ABAC
Scheme
How to make a complaint about an alcohol
advertisement:
If you wish to complain about an advertisement for an
alcohol beverage product, you should make your
complaint in writing and send it to:
The Advertising Standards Board
Level 2
97 Northbourne Avenue
TURNER ACT 2612
Fax:
(02) 6262 9833
Online:
www.advertisingstandardsbureau.com.au
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