Ofcom revises rules on alcohol advertising

Ofcom has announced new draft rules on the television advertising of alcoholic drinks. The subject has been debated for some time, often heatedly. It has been felt by many clinicians and people working in the field of alcohol policy that the drinks industry was getting away with a great deal too much, especially when aiming its advertising towards young people. A particular area of concern has been the use of sexual images and the implication of enhanced sexual performance or attractiveness.

The industry has become increasingly aware that it was open to criticism and has been active in making attempts to forestall any move towards statutory regulation of advertising. Its problems, of course, have been less immediate in the United Kingdom, where the Government listens very closely to what the industry and its front organisation, The Portman Group, have to say.

The draft rules which now appear were drawn up in response to views expressed, inevitably, by the drinks industry and also by consumer groups that existing rules, inherited from the Independent Television Commission, were insufficiently focused with regard to:

Discouraging advertising likely to be strongly attractive to children and young teenagers.

Discouraging advertising which appears to condone anti-social behaviour related to drinking, particularly with implications of excess consumption.

Discouraging an implied linkage between drinking alcohol and sexual success. As far as concessions go, the industry has made small steps towards stating the glaringly obvious and now agrees to do what it might well have been expected to be doing all along. Alcohol advertising on television has been subject to specific rules since the beginnings of commercial television in the United Kingdom. In 2003, Ofcom’s predecessor, the Independent Television Commission, had research carried out to assess whether the current rules remained effective and appropriate. Ofcom states that it “has taken forward that research, whose principal elements include:

Two reviews of academic literature which indicate that alcohol advertising has some impact on young people’s attitudes to alcohol. However, this is at a relatively low level compared to other influences within the wider family and social environment.

A qualitative study which indicates that a good deal of television advertising – of alcopops in particular – is closely aligned to youth culture and of strong interest to underage drinkers. However, the research demonstrates that advertising which does not seek to make a linkage with youth culture and which features older people is much less attractive for children and younger teenagers.”

The first point minimises clear evidence that alcohol advertising does influence young people. No-one would argue that the social environment and family have a greater effect but that is not to say that there is an obligation on advertisers to ensure that their products are not made attractive to under-age drinkers.

The second point makes two unconnected statements in a manner which implied that the second mitigates the first, which, of course, it does not. The barest familiarity with alcohol advertising makes it abundantly evident that a substantial proportion of it is strongly aimed at young people. The fact that the proportion aimed at older customers is unappealing to youth is neither here nor there.

Ofcom states that it “has reviewed the current rules in light of the research findings. It is now seeking views on proposals to strengthen the rules. The proposals are targeted at the following specific issues:

Condoning anti-social or selfdestructive behaviour.

Linking alcohol with sexual activity or attractiveness.

Reducing the appeal of the advertising to young audiences.

Condoning the irresponsible handling or serving of alcohol.”

In March 2004 the Cabinet Office identified television advertising of alcoholic drinks as one of many potential factors relevant to its wider strategy on alcohol harm reduction. Ofcom believes that “the evidence from the research, combined with the views of stakeholders, indicates that a tightening of the existing rules on defined aspects of alcohol advertising would be proportionate and would be likely to make a contribution to that wider strategy”. Nevertheless, indications are that Ofcom will shy away from suggesting further statutory regulation of the drink industry and its advertising, leaving it to the system of selfregulation for which the industry has campaigned so vigorously. Those who have observed the influence exercised by the industry during the passage of the new Licensing Act and the formulation of the Alcohol Harm Reduction Strategy will not be surprised.

The full consultation document and related research is available on Ofcom’s website at www.ofcom.org.uk. The closing date for responses to the public consultation is 24th September 2004.