Regulation of Tobacco, Alcohol and Food Advertising in Australia -- The Food Pyramid Meets the Regulatory Pyramid: Responsive Regulation of Food Advertising to Children

Abstract

This chapter forms part of a thesis submitted in fulfilment of the requirements of a PhD from the Faculty of Law, University of Sydney.

This chapter introduces the regulatory regimes governing tobacco, alcohol and food advertising in Australia, with a particular focus on advertising to children. The chapter moves from discussion of the strongest and most restrictive forms of regulation to the weakest and most permissive. First, I describe legislative restrictions on advertising, including consumer protection laws, tobacco control legislation, and state-level food laws. Second, I outline the co-regulatory scheme established by the Broadcasting Services Act 1992 (Cth) for television and radio advertising. Third, I discuss the self-regulatory system created by the Australian Association of National Advertisers (AANA). Last, I describe a series of product-specific codes created by industry representative bodies, which include the RCMI and QSRI and the Alcohol Beverages Advertising (and Packaging) Code (ABAC) (with the former being the main focus of this thesis).

Keywords: tobacco, food, alcohol, advertising, regulation, broadcasting, self-regulation

JEL Classification: K10, K30, K32