THE EUS FAILURE TO REGULATE THE ADVERTISING OF ALCOHOLIC BEVERAGES - - PowerPoint PPT Presentation

Oliver Bartlett Postgraduate Researcher Durham University

THE EU’S FAILURE TO REGULATE THE ADVERTISING OF ALCOHOLIC BEVERAGES

• Alcohol abuse causes serious

harm to health – 60 known diseases and conditions.

• Addictive substance – 23m

Europeans dependent each year.

• Alcohol advertising scientifically

linked to alcohol consumption

• EU Alcohol Strategy 2006
• EU Alcohol and Health Forum
• AVMSD 2010.
• L Smith and D Foxcroft, ‘The effect of

alcohol advertising, marketing and protrayal on drinking behaviour in young people: systematic review of prospective cohort studies’, (2009) BMC Pubic Health 9:51

• P Anderson et al, ‘Impact of alcohol

advertising and media exposure on adolescent alcohol use: a systematic review of longitudinal studies’, Alcohol and Alcoholism,(2009) 44(3), 229

• B Gunter, A Hansen and M Touri,

‘Alcohol Advertising and Young People’s Drinking’, (2009) Young Consumers, Volume 10, No 1, 4-16

INTRODUCTION

RELEVANCE OF THE AUDIOVISUAL MEDIA SERVICES DIRECTIVE TO ALCOHOL ADVERTISING

• Commission reluctant to propose harmonising

legislation – AVMSD the frontline in alcohol marketing legislation instead

• Article 9 – general requirements for all audiovisual

commercial communications, 9(1)(e) for alcoholic beverages

• Article 22 – specific rules for television advertising of

alcoholic beverages only. See paper for more details.

• ‘audiovisual commercial communications for alcoholic beverages shall not be

aimed specifically at minors and shall not encourage immoderate consumption of such beverages’.

• ‘specifically’ – no ban on showing to minors
• WHO Framework for Alcohol Policy?
• Minimum harmonisation Directive, Article 4:
• ‘Member States shall remain free to require media service providers

under their jurisdiction to comply with more detailed or stricter rules in the fields coordinated by this Directive provided that such rules are in compliance with Union law’

• Member States can improve, eg UK BCAP Code.
• Statutory controls by the Member States? See full Paper for more detail

ARTICLE 9(1)(E)

HOW DO THE LIMITATIONS IN THE AVMSD’S SCOPE REDUCE ITS EFFECTIVENESS?

• Potentially harmful advertising may be excluded by definition of audiovisual

commercial communication:

• ‘Images with or without sound which are designed to promote, directly or

indirectly, the goods, services, or images of a natural or legal entity pursuing an economic activity. Such images accompany or are included in a programme in return for payment or for similar consideration or for self-promotional purposes. Forms of audiovisual commercial communication include, inter alia, television advertising, sponsorship, teleshopping and product placement’.

• Remuneration and self promotional purposes – what happens to alcohol company

website? Recital 22?

• Self regulatory codes are broader – UK CAP Code covers : websites, emails, SMS,

pop-ups and online advertisements in paid for space, viral advertisements, advergames…

• However self-regulatory codes still suffer – complaints based system, enforcement,

industry influence.

THE EU ALCOHOL AND HEALTH FORUM AND THE COMMITMENTS OF INDUSTRY OPERATORS

• ‘umbrella organisations operating at a European level, capable of playing an

active role in reducing alcohol-related harm in the EU’

• ‘seek close coordination with all other actors, so that successful endeavours can

be more promptly shared with potential partners and emulators across the European Union as a whole’. (Charter establishing the European Alcohol and Health Forum)

• 108 commitments – 33 on commercial communications – 12 at least relate to

educational aims.

• Educational policies empirically weak in achieving results.
• 25 commitments from alcohol producers – relying on voluntary commitments

could be a flawed approach?

• Diageo commitment – 70/30 rule for percentage of minors in an audience

CONSEQUENCES FOR PUBLIC HEALTH

• Irresponsible alcohol advertising deliberately portrays alcohol or

drinking lifestyle in positive light to underrepresent the dangers that unsafe consumption poses to human health.

• Main consequence of ineffective EU legislation - Member States

have to deal with regulation themselves. Not ideal for public health – alcohol producers will actively look for under- or un- regulated media formats to place marketing to avoid maze of compliance with national law.

CONCLUSION

• Opportunity to thoroughly re-evaluate the position, learning from

good points of national law and self-regulation

• Given scientific evidence, little reason to be so cautious
• Stronger controls are needed – EU Alcohol Strategy:
• ‘One aim of this joint effort will be to reach an agreement with

representatives from a range of sectors (hospitality, retail, producers, media/advertising) on a code of commercial communication implemented at national and EU level’