So what do the revised alcohol rules mean?

10 March 2005

Ofcom’s revised TV advertising rules for alcohol were published last November in response to public concern about growing levels of underage drinking and alcohol abuse.  The rules came into force on 1 January 2005 but there is a grace period until the end of September 2005 for advertising that was approved under the old rules but would not comply with the new ones.  (The rules for radio advertising remain unchanged.)

There has never been such major change to an existing set of TV advertising rules before and industry is, naturally, uneasy about how the ASA will interpret them.  What kinds of advertising which used to be acceptable may no longer be OK?

So BCAP is working with the alcohol, advertising and TV industries to produce guidance notes.  This is being done urgently but there must be public consultation on a draft so it won’t be possible to publish final guidance until late May or early June. 

When adjudicating on alcohol cases, the ASA will, of course, be primarily applying the rules themselves.  So it is vital that the guidance – which BACC, broadcasters and advertisers will be using – and the rules – on which adjudications will largely be based - are pulling in exactly the same directions.  The guidance should not appear to permit something which the rules are not intended to allow; if there is any conflict between the two, some advertisers could find expensive advertising being prohibited.  But nor should the guidance inadvertently appear to rule out acceptable and harmless creative routes.

The consultation is to be launched soon and comments on the draft from both industry and consumers will be very welcome.  Subscribers to Update@CAP will be notified by e-mail when the consultation is launched.  Watch the CAP website for details.

Notes:

The key changes to the TV rules are in four areas:

• Alcohol commercials likely to have “strong appeal to people under 18” will not be allowed.  This compares with the previous rule which forbade “particular appeal” to under 18s.  This is a much tougher change than it might seem.  Previously, if an advertisement was likely to appeal just as much to over 18s as to under 18s, the test was passed and the advertising could run.  The new rule means that advertisers will have to steer clear of “youth culture” and ensure that other elements (such as animation) do not have strong youth appeal.
• The rules on sexual content or links have been strengthened.  Previously, the rules did not bite in practice unless the protagonists had drunk or were drinking alcohol.   The new rules are intended to prevent more subtle links between sex and drinking or between sex and a particular brand image.  But romance and flirtation scenes between over 25s will be allowed unless the ad is likely to appeal to youngsters or suggests that drinking has smoothed the path of passion.
• The rules about linking daring, aggressive, irresponsible or anti-social behaviour to drinking or to an alcohol brand have been strengthened.
• Alcoholic drinks must now be handled and served responsibly; not splashed around as if they were tap water.