ABAC Responsible Marketing Code Update
It is important for all working in influencer marketing, including influencers and digital creators, to be aware of laws, industry regulatory framework and best practice when representing alcohol consumption in marketing communications.
The ABAC Scheme is the centrepiece of alcohol marketing regulation in Australia. It is funded by industry via membership levies, direct signatory fees and pre-vetting fees and is:
administered by a Management Committee which, along with government, includes representatives from industry and advertising;
quasi-regulatory in nature as the Australian Governments are represented on the Management Committee and a Professor of Public Health, nominated by government is part of all adjudication panel hearings.
The ABAC Scheme is not the only set of rules affecting advertising in Australia, alcohol advertising must also comply with other applicable laws and codes.
ABAC have recently conducted a review of the ABAC Responsible Alcohol Marketing Code and a revised Code has been approved by the ABAC Management Committee.
The ABAC website has a range of information, guides, checklists and tools to ensure you can be informed on the industry code on Responsible Alcohol Marketing. The revised ABAC Code, Guidance notes and a new online training course are all available on the ABAC website.
The improvements to the Code have strengthened what is already a robust and effective Code. Key Code changes include:
An increase in the adult audience threshold for placing alcohol ads from 75% to 80%. This change sets the threshold at global best practice and better ensures that alcohol ads are only being placed with programmes skewed toward an adult audience, given recent Census data that shows an adult population of 78.3%.
Extension of the Code to cover the marketing of ‘alcohol alternatives’ ie products styled as beer, wine, spirits etc but with an ABV of less than 0.5%. This extension aims to protect minors by ensuring that alcohol alternative marketing does not inadvertently model inappropriate alcohol use . Regulation of these products raises novel issues, not just for ABAC, but for Food Standards, Liquor authorities and the wider regulatory framework both in Australia and globally.
Additional clarity has been provided around responsible and moderate alcohol use, in particular:
information on NHMRC Guidelines, including recommended consumption limits and pregnancy/breastfeeding;
unacceptability of treating excessive alcohol consumption as amusing through memes or otherwise; and
unacceptability of negatively portraying abstinence or refusal of alcohol.
The definition of Strong or Evident Appeal to Minors has been expanded, based on Panel experience and expert guidance on themes that strongly appeal.
Restrictions on direct marketing of alcohol have been expanded beyond EDMs to hand delivery of alcohol marketing, and a requirement to offer and honour opt outs.
The previous restriction on suggesting consumption of alcohol offers a therapeutic benefit, has been expanded to clarify that this includes a health or mental health benefit and it is not permissible to suggest alcohol helps overcome problems or adversity.