New Year resolutions for alcoholic drinks

09 December 2004

New rules for alcohol TV commercials

After public consultation and as part of society’s drive to improve Britain’s drinking culture and protect the under 18s, OFCOM has now published revised rules on the television advertising of alcohol. In particular, OFCOM intends the new rules to reduce the appeal of alcohol advertising to children and young teenagers, reduce the sexual content of some alcohol advertising and ensure that advertising doesn’t encourage or condone anti-social behaviour or excessive or binge drinking.

Alcohol ads likely to have “strong appeal to people under 18” will be forbidden, meaning that advertisers will have to steer clear of “youth culture” and ensure that elements such as animation or music do not have strong youth appeal. In a similar vein, sexual content rules have been strengthened although romance and flirtation scenes between the over 25s will still be allowed unless the ad is likely to appeal to youngsters or suggests that drinking has smoothed the path of passion. Alcohol ads must not suggest daring, aggressive or irresponsible behaviour and alcoholic drinks must be handled and served responsibly and not splashed around as in some of the carefree party settings that have featured in some recent alcohol commercials.

The revised rules will come into force on 1 January 2005 but advertisers who have already committed themselves to campaigns that would not comply with the tougher new rules have a period of grace until 30 September 2005.  All alcohol ads on air on or after 1 October 2005 will have to comply with the new rules.

Guidance notes to help interpret and apply the rules were originally included in the draft proposals but, in response to consultation comments, OFCOM has decided to remove them and ask the Broadcast Committee of Advertising Practice (BCAP) to draft the guidance, subject to consultation and OFCOM’s final approval. The objective is to ensure that BCAP, the ASA, the alcohol and advertising industries and the BACC are committed to the new rules and their interpretation and application and have a shared understanding with OFCOM of the objectives of the revised rules.

We hope to have the draft guidance notes in January to be used by the BACC when clearing scripts and commercials but, because of the need for consultation and for OFCOM approval, we are unlikely to know the final form the guidance notes will take until the Spring of 2005.

Click here to read the new rules.