Preliminary pages
Foreword
No one can avoid outdoor advertising. This is what makes
outdoor advertising appealing to advertisers—it cannot be turned off or put
away if a consumer wishes to ignore it. Having seen the dominance of outdoor
advertising in my own electorate, and being concerned about the images my own
children were being exposed to, I was pleased to lead this inquiry
investigating community concerns about the regulation and monitoring of outdoor
advertising.
The Committee considers that outdoor advertising constitutes
a specific category of advertising because of the way that it occupies public
spaces, dominates civic landscape, and targets captive, unrestricted audiences.
The inquiry addressed particular concerns about the impact of increasing,
cumulative and sustained exposure to advertisements that contain sexual,
discriminatory or violent material and to advertisements for alcohol and
unhealthy foods and beverages.
As such, the Committee concluded that industry
self-regulation of advertising standards needs to include a specific code of
practice for outdoor advertising. This code of practice should reflect the
particular nature of outdoor advertising, recognising that all members of
society are exposed to it and do not have a choice about viewing it. Community
sentiment supported the Committee’s opinion that there is a need to reclaim
public space from any wayward interests of commercial advertising.
Furthermore, the self-regulatory system for advertising as a
whole requires strengthening to address some of the concerns that were raised
at public hearings and in submissions to the inquiry.
The definition of ‘community standards’ is a contentious
issue, given the wide range of views held by all members of society. More
research into community attitudes about outdoor advertising standards should be
conducted to increase the public’s confidence in decisions about advertising
that purport to reflect community norms.
Moreover, the Committee recommends that the advertising
self-regulatory system adopt international best practice measures such as the
provision of independent advice to advertisers on their advertising content
prior to publication, and the establishment of a monitoring role to promote
high levels of compliance with the voluntary advertising codes.
This report contains many recommendations to advertising
industry bodies. The Committee expects the recommendations to be adopted and
implemented by the relevant bodies, as the industry has demonstrated that it is
keen to preserve the system of self-regulation. However, if the industry does
not demonstrate over the next few years that self-regulation can appropriately
operate within the bounds of community expectations for appropriate outdoor
advertising, then the Committee strongly recommends that the Australian Government
institute regulatory measures.
Public spaces are for the use of all members of the
community—men, women and children—and the right to enjoy the amenity of a space
should not be compromised by an advertiser’s array of inappropriate images.
This report has listened to the Australian community and, on behalf of the
Australian community, it says enough is enough. It is time to reclaim our
public spaces.
Mr Graham Perrett MP
Chair
Membership of the committee
Chair |
Mr Graham Perrett MP |
Deputy
Chair |
The Hon Judi Moylan MP |
Members |
Mr Shayne Neumann MP |
|
Ms Michelle Rowland MP |
|
Ms Laura Smyth MP |
|
The Hon Dr Sharman Stone MP |
|
Mr Ross Vasta MP |
Committee secretariat
Secretary |
Dr Anna Dacre |
Inquiry
Secretary |
Dr Kris Veenstra
(until
22 February 2011)
|
|
Ms Natalya Wells
(from
23 February 2011)
|
Senior
Research Officer |
Ms Natalya Wells
(until 22 February 2011)
|
Office
Manager |
Mrs Donna Quintus-Bosz |
Terms of reference
Having
regard to:
- community concerns about large-scale public advertising;
- trade practices and fair trading legislation in all jurisdictions that
contain consumer protection provisions that prohibit false, misleading and
deceptive advertising;
- relevant industry codes including the Australian Association of National
Advertisers’ Advertiser Code of Ethics; and
- the role of the Advertising Standards Bureau:
Refer to the
House of Representatives Standing Committee on Social Policy and Legal Affairs
for inquiry and report matters relating to the extent to which the current
arrangements for the regulation of billboard advertising continues to be an
effective method for managing this form of advertising in Australia in line with
Australian community expectations.
In
performing its functions in relation to this reference, the Committee will
consider:
- the
existing self-regulatory scheme for advertising
- whether
the current arrangements, including the Industry Codes administered by the
Advertising Standards Bureau, meet community concerns about billboard
advertising
- trade
practices and fair trading legislation in all jurisdictions that contain
consumer protection provisions that prohibit false, misleading and deceptive
advertising
- technical
developments in billboard advertising, if any
- the
rate and nature of complaints about billboard advertising
- any
improvements that may be made to current arrangements
- the
desirability of minimising the regulatory burden on business, and
- any
other related matter.
List of acronyms
AANA |
Australian Association of
National Advertisers |
ABAC |
Alcohol Beverages Advertising
(and Packaging) Code |
ACCC |
Australian Competition and Consumer
Commission |
ACCM |
Australian Council on Children
and Media |
ACL |
Australian Christian Lobby |
ACMA |
Australian Communications and
Media Authority |
AFGC |
Australian Food and Grocery
Council |
APC |
Alcohol Policy Coalition |
ASA |
Advertising Standards Authority
(United Kingdom) |
ASB |
Advertising Standards Bureau |
ASC |
Advertising Standards Canada |
ASCB |
Advertising Standards Complaints
Board (New Zealand) |
CCA |
Competition and Consumer Act
2010 |
CCMCAAY |
Cancer Council Western Australia
and the McCusker Centre for Action on Alcohol and Youth |
CFAC |
Coalition on Food Advertising to
Children |
EASA |
European Advertising Standards
Alliance |
FCAI |
Federal Chamber of Automotive
Industries |
ICC |
International Chamber of Commerce |
KF2BK |
Kids Free 2B Kids |
OMA |
Outdoor Media Association |
PCA |
Pedestrian Council of Australia |
POW |
Proving Outdoor Works |
QRSI |
Quick Service Restaurant Industry |
RCMI |
Responsible Children’s Marketing
Initiative |
RTA |
Roads and Traffic Authority of
New South Wales |
List of recommendations
Recommendation 1—Advertising and industry bodies
The Committee recommends that the Australian Association of
National Advertisers, the Advertising Standards Board, the Australian Food and
Grocery Council, the Federal Chamber of Automotive Industries and the Alcohol
Beverages Advertising Code Scheme report to the Attorney-General’s Department
by 30 December 2011 detailing their responses and how the relevant recommendations
will be implemented.
The Committee further recommends that the Australian
Association of National Advertisers, the Advertising Standards Board, the
Australian Food and Grocery Council, the Federal Chamber of Automotive
Industries and the Alcohol Beverages Advertising Code Scheme provide a
comprehensive report to the Attorney-General’s Department by 30 December
2012 detailing how the relevant recommendations contained in this report have
been implemented.
Recommendation 2—Australian Government
The Committee recommends that the Attorney-General’s
Department review by 30 June 2013 the self-regulatory system for advertising by
evaluating the industry implementation reports and assessing the extent to
which there has been effective implementation of the recommendations contained
in this report.
If the self-regulatory system is found lacking, the Committee
recommends that the Attorney-General’s Department impose a self-funded
co-regulatory system on advertising with government input into advertising
codes of practice.
The Committee recommends that the Attorney-General’s
Department conduct five-yearly reviews of the advertising regulatory system to
ensure that technological advances and changes in advertising trends are being
addressed adequately in line with community expectations.
Recommendation 3— Australian Association of National
Advertisers
The Committee recommends that the Australian Association of
National Advertisers introduce a code of practice for out-of-home advertising
and for use by the Advertising Standards Board when determining complaints
about out-of-home advertising. The code of practice should recognise that
out-of-home advertisements:
- occupy
public space and have the potential to affect the amenity of that space for
some community members;
- can
be viewed by an unrestricted audience, regardless of their target audience; and
- have
a cumulative impact on the community through the social messages they convey.
Recommendation 4—Australian Government
The Committee recommends that the Attorney-General’s
Department investigate, through its anti-discrimination legislation
consolidation project, how to include the unrestricted display of racist or
sexualised images in the public space under the scope of discriminatory
practice.
Recommendation 5— Advertising Standards Bureau
The Committee recommends that the Advertising Standards Bureau
introduce a transparent copy advice service, which provides independent advice
on the suitability of proposed advertisements, for all outdoor advertising.
Recommendation 6— Advertising Standards Bureau
The Committee recommends that the Advertising Standards Bureau
conduct and publish annual random compliance surveys of outdoor advertising
across specific industries and specific elements of advertising codes, such as:
- the
food and beverage sector;
- the
alcohol sector;
- outdoor
advertising that portrays children;
- advertising
at event venues and sportsgrounds; and
- outdoor
advertising that portrays sex, sexuality or nudity.
The Committee also recommends that Advertising Standards Board
members take on a formal monitoring role of outdoor advertising and
self-initiate investigations where warranted. The Committee considers that the
compliance surveys would inform the monitoring role.
Recommendation 7— Australian Association of National
Advertisers
The Committee recommends that the Australian Association of
National Advertisers establish a more regular program to review each of the
voluntary codes of advertising, in consultation with stakeholders and relevant
organisations and experts in the field.
Recommendation 8— Australian Association of National
Advertisers
The Committee recommends that the Australian Association of
National Advertisers amend its Advertising Code of Ethics to proscribe sexual
objectification of men, women and children.
Recommendation 9— Advertising Standards Bureau
The Committee recommends that the Advertising Standards
Bureau, in conjunction with relevant industry bodies, conduct research every
two years into:
- community
perceptions of the use of sex, sexuality and nudity in advertising in general
and specifically in outdoor advertising;
- prevailing
community standards on health and safety in advertising in general and
specifically in outdoor advertising;
- prevailing
community standards on the advertising of food and beverages;
- prevailing
community standards on advertising to children; and
- prevailing
community standards on the advertising of alcohol.
These findings should be reflected accordingly in
determinations by the Advertising Standards Board.
Recommendation 10— Alcohol Beverages Advertising Code
The Committee recommends that the Alcohol Beverages
Advertising Code Scheme conduct research every two years into prevailing
community standards on the advertising of alcohol.
This research should include particular reference to outdoor
advertising and the findings should be reflected accordingly in Alcohol
Beverages Advertising Code panel determinations.
Recommendation 11—Australian governments
The Committee recommends that the Monitoring of Alcohol
Advertising Committee continue to monitor alcohol advertising and report
annually to the Intergovernmental Committee on Drugs.
The Committee further recommends that the Intergovernmental
Committee on Drugs oversee the operation of the Alcohol Beverages Advertising
Code Scheme and provide reports every two years of its assessed effectiveness
to Health ministers.
Recommendation 12— Federal Chamber of Automotive Industries
The Committee recommends that the Federal Chamber of
Automotive Industries conduct transparent reviews of the Voluntary Code of
Practice for Motor Vehicle Advertising every two years in consultation with
road safety authorities and government representatives, and publish the
findings of the reviews on the Federal Chamber of Automotive Industries
website.
Recommendation 13— Australian Association of National
Advertisers
The Committee recommends that the Australian Association of
National Advertisers amend the Australian Association of National Advertisers
Food and Beverage Code to include sports sponsorship as a form of advertising
and therefore subject to advertising codes of practice. This should be
implemented by 30 October 2011.
Recommendation 14— Australian Food and Grocery Council
The Committee recommends that the Australian Food and Grocery
Council act immediately to include outdoor advertising in the definition of
‘media’ as it applies to the Responsible Children’s Marketing Initiative.
The Committee recommends that this should be in place by 30
October 2011, notwithstanding that a review of the Responsible Children’s
Marketing Initiative is scheduled for 2012.
The Committee further recommends that the Australian Food and
Grocery Council amend both the Quick Service Restaurant Industry Initiative for
Responsible Advertising and Marketing to Children and the Responsible
Children’s Marketing Initiative to include sports sponsorship as a form of
advertising. This should be implemented by 30 October 2011.
Recommendation 15— Advertising Standards Bureau
The Committee recommends that the Advertising Standards Bureau
amend its complaint process to also accept complaints about advertising by
telephone and email and accept and investigate anonymous complaints. These
changes should be implemented by 30 October 2011.
Recommendation 16— Advertising Standards Bureau
The Committee recommends that the Advertising Standards Bureau
establish regular nation-wide information and awareness campaigns about the
advertising complaints system across all forms of media, including outdoor, television
and print.
In particular, information on the outdoor advertising code,
once it is developed, and the complaints process should be provided to:
- all
federal and state or territory elected representatives; and
- the
Australian Local Government Association for distribution to local governments.
Recommendation 17— Advertising bodies
The Committee recommends that the Australian Association of
National Advertisers require its members to forward any complaints from the
public about their advertising to the Advertising Standards Bureau.
The Committee also recommends that the Outdoor Media
Association require its members to forward any complaints from the public about
their advertising displays to the Advertising Standards Bureau.
Recommendation 18— Advertising Standards Bureau
The Committee recommends that the Advertising Standards Bureau
address instances of advertiser non-compliance by:
- establishing
a dedicated webpage, easily accessible from the Advertising Standards Bureau
website, that names advertisers, and their products, who have breached
advertising standards or refused to comply with Board determinations;
- circulating
the names of non-compliant advertisers in industry newsletters and other means
of communication;
- providing
the names of non-compliant advertisers to the Outdoor Media Association and
encouraging their members to consider not accepting advertisements from them;
- providing
the names of non-compliant advertisers to the Attorney-General so that the
Attorney-General’s Department can consider legislation that would require the
naming of non-compliant advertisers in Parliament, similar to the Equal
Opportunity for Women in the Workplace Act 1999; and
- reporting
annually to the Attorney-General’s Department on the non-compliance rate and
steps taken to achieve compliance.
Recommendation 19— Advertising Standards Bureau
The Committee recommends that the Advertising Standards Bureau
strengthen the independent review process by:
- providing
a comprehensive explanation of the independent review process on its website
and in informational material to increase the public’s understanding of the
role of the Independent Reviewer;
- tasking
the Independent Reviewer with checking a random sample of determinations
annually to assess the validity of Advertising Standards Board determinations
that have not been appealed formally; and
- aiming
for 90 per cent or higher Independent Reviewer agreement with Advertising
Standards Board determination processes in the random sample.