Ineffective, meaningless, inequitable: analysis of complaints to a voluntary alcohol advertising code
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letter
Ineffective, meaningless,
inequitable: analysis of
complaints to a voluntary
alcohol advertising code
Nicki Jackson, Nathan Cowie, Amy Robinson
A
otearoa New Zealand has a vision of mendations and strong public support for
being the best place in the world for increasing restrictions.8 The main mech-
children and young people: a place anism is a voluntary code of practice, known
where children live in healthy, sustainable as the Advertising Standards Authority
environments.1 Compromising this vision is (ASA) Code for Advertising and Promotion of
the harmful ubiquity of alcohol advertising Alcohol (the ‘Code’). The ASA is a self-regu-
across children’s everyday settings. latory body comprising advertisers, agencies
Exposure to alcohol advertising is shown and the media.9 Advertising complaints are
to increase the likelihood of children and received from the public and determined to
young people initiating drinking earlier and be ‘settled’ if the advertiser does not contest
consuming larger amounts of alcohol.2–4 A the complaint and voluntarily removes
recent analysis suggests this relationship is the advertisement without proceeding to
causal.4 Exposure is also highly inequitable, a Complaints Board meeting, or ‘upheld’
with tamariki Māori being five times, and or ‘not upheld’ against the relevant Code
Pacific children three times, more likely principle and/or guideline following an
to be exposed than other New Zealand ASA Complaints Board meeting (comprising
children.5 One key source of this exposure four industry and five public members). A
is alcohol sports sponsorship.5 Protection user-pays Liquor Advertising and Promotion
from harm during the adolescent period is Pre-vetting System (LAPPS) is available to
of critical importance, given the heightened advertisers to check compliance with the
vulnerability of adolescents to the devel- Code, but approval is only a prerequisite for
opment of alcohol use disorders (AUD), broadcasting televised alcohol commercials
which has been demonstrated in one New as part of the Commercial Approvals Bureau
Zealand population-based study showing process.
that almost 50% of cases of AUD had The Code centres on advertising content
developed by the age of 20 years.6 and does little to limit the amount of
Others particularly vulnerable to the marketing that New Zealanders are exposed
effects of marketing include individuals with to. It does not attempt to address the ineq-
AUD. Alcohol advertisements, especially the uities in exposure to advertising or harms
portrayal of drinking, may induce physio- from alcohol. At the time of writing, controls
logical cue reactivity, increasing cravings on exposure include a television watershed
and motivation to drink among alcohol-de- and a limit on the number of alcohol adver-
pendent persons.7 Advertising therefore tisements per commercial break. Also,
hinders the social permission of many New broadcasters are to avoid the impression
Zealanders to successfully cut down their that alcohol advertisements are dominating
drinking or remain sober. the viewing or listening period. There are
limited controls on placement; advertising
Although tobacco advertising and spon-
must be directed at adults, not minors.
sorship has been prohibited in New Zealand
However, the Code permits exposing minors
for decades, alcohol advertising controls
to alcohol marketing where minors make up
remain weak despite a series of recom-
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less than 25% of the audience. An updated Other sponsorship-related complaints
Alcohol Advertising and Promotion Code during this period did not get recorded
will come into effect from 1 April 2021. against this principle, as the Code requires
The following analysis highlights results that advertisements found to breach Guide-
published in a larger report.10 lines 4(a) to 4(e) of Principle 4 are then
assessed by the Complaints Board under
Methods Principles 1 to 3, and not Principle 4.
ASA complaints were obtained from the A range of issues were described in the
ASA’s public facing website (https://www.asa. complaints, including the promotion of
co.nz/decisions/search-browse-decisions/). health and lifestyle benefits of alcohol,
All complaints made to the ASA in relation promoting alcohol as a coping mech-
to the Code from 1 January 2017 through 30 anism, sexualisation of women, location
June 2020 (42 months) were identified and on billboards very close to school grounds,
assessed. Complaints determined as having promotion of drinking games and use of
‘no grounds to proceed’ and ‘no jurisdiction’ persons or groups that have strong appeal
were excluded from analysis, as were to minors (known as ‘heroes of the young’ in
appeals to complaints. the Code).
Data from each complaint were extracted In total, 196 assessments were made
on alcoholic beverage type, advertising against the Code’s principles and guide-
medium, Code principle(s) and complaint lines, of which 40% of assessments were
outcome. Where possible, the duration settled, 36% were not upheld and 24%
from complaint submission to issue of the were upheld. The duration of time from
decision was calculated. complaint submission to decision was
known for 40% of complaints—these were
Results complaints submitted by the authors or by
community members and organisations
In total, 73 complaints were identified, of known to the authors. Among these, the
which the ASA deemed 17 had no grounds to mean duration was 39 days (SD 18). Settled
proceed and one had no jurisdiction. There complaints had a shorter average duration
were two appeals to complaint decisions. (M=29 days; SD 16) than complaints that
The remaining 55 complaints represented proceeded to the Complaints Board (M=47
more than 60 individual advertisements, days; SD 15).
as some complaints featured multiple
advertisements. One in eight advertise-
ments featured across more than one
Discussion
Firstly, the relatively low number of
media channel. More than one-half (58%)
complaints must be viewed with extreme
of complaints related to social and digital/
caution. The ASA runs a complaints-
electronic media and 30% related to tradi-
based process that relies on the public’s
tional media (eg, TV, radio, print, billboards).
knowledge of the Code as well as their
Around one-third (38%) of complaints
time to submit a complaint. There remains
related to beer, 27% to spirits, 13% to
no active or systematic monitoring of
pre-mixed spirits and 11% to wine.
alcohol advertisements by the ASA or any
More than one-half (56%) of complaints other agency, even for advertisers who
were assessed against more than one prin- frequently breach the Code. Secondly,
ciple of the Code. Principle 1 (high standard personalised and uniquely targeted adver-
of social responsibility) comprised more tising now dominates the digital world of
than one-half (60%) of assessments, followed alcohol marketing,11 making it impossible
by Principle 3 (appeal to minors, 22% of for harm reduction agencies to systemat-
complaint assessments) and Principle 2 ically identify and track advertisements
(consistency with moderation in drinking, and monitor compliance with the Code.
15% of complaint assessments). Although This leaves the onus on vulnerable persons
a number of complaints were made uniquely targeted by digital marketing to
against Principle 4 (sponsorship), only one make a complaint, which risks widening
complaint was assessed under this principle, the inequities in harm.
and this complaint was deemed settled.
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It is unsurprising that digital marketing on social media advertising found a large
was the dominant media form in number of Facebook and Instagram alcohol
complaints against alcohol advertisements, advertisements were not equipped with
given their proliferation on digital media age limit restrictions.15 In relation to print
in recent times. Digital advertising gives advertising, an ASA decision considered
marketers a low-cost and far-reaching that newspapers were a restricted medium
means of targeting unique audiences and (for adults) and so permitted the use of,
engaging them through to the point of or reference to, identifiable heroes of the
sale. Studies show an association between young in alcohol advertisements.
engagement with digital alcohol marketing It was deeply concerning that some
and increased alcohol consumption and advertisements promoted alcohol as a
hazardous drinking behaviour, particu- coping mechanism, using words such as
larly in young people.12 It is suggested that “therapy,” “feeling bit under the weather”
responses to this threat to children’s well- and “Need a pick-me-up?” Alcohol is
being is lagging far behind, with voluntary well-known as a maladaptive coping mech-
codes being inflexible in response to anism, as it increases the risk of problem
the fast-changing nature of digital drinking and places at risk both dependent
marketing.11,13 Efforts are needed that focus drinkers and those that are in emotionally
on regulating the online environment at the vulnerable situations, due to their
platform level through a coordinated global heightened susceptibility to alcohol adver-
response. tising.16 Of concern was the weak sanction
Although the majority (64%) of complaint for one wine company, which was found to
assessments resulted in the advertisement have displayed a non-compliant label but
being removed or amended, the length was able to sell their remaining stock as
of time to decision often meant that the long as they did not actively promote the
standard advertising cycle had finished. As product.
an example, the Complaints Board took six One alcohol producer had five complaints
weeks to reach a decision on a complaint over the time period examined. In response
against an advertisement that featured a to the complaints, the producer stated
sportsperson who had strong appeal to that they “would strongly encourage” the
minors, and other decisions took over 60 complainant “to click ‘UNLIKE’ and stop
days. This represents a substantial length of viewing the page” (ASA 20/056). In response
time that vulnerable groups are exposed to to media attention on another complaint,
marketing violations. a spirits producer told the media that “any
Non-compliant advertisements can also publicity is good publicity.”17 There are no
remain permanently in the digital media incentives for advertisers to voluntarily
space. One non-compliant beer adver- comply with the Code, as the ASA is unable
tisement video (a global beer brand’s to apply sanctions or penalties to advertisers
Facebook page featuring user-generated who are found to breach the Code, even if
content of a local secondary school student they are repeat offenders.
in uniform) continues to be accessible in The use of pre-vetting by advertisers
the social media accounts of private indi- was rarely noted in ASA decisions, likely
viduals. The complaint (ASA 19/461) notes reflecting the confidential nature of the
that the advertisement had been viewed pre-vetting process. In Australia, signa-
over 110,000 times before the complaint was tories to the self-regulatory alcohol
submitted. advertising code are required to pre-vet
Among advertisers responding to all television, radio, cinema and outdoor
complaints, there was a heavy reliance on advertising.18 Mandatory pre-vetting is
using age-verification/age-gating mech- recommended given the potential to reduce
anisms on websites and social media to non-compliance19 (as found following the
effectively restrict their advertising to introduction of mandatory pre-vetting
adult audiences. Website age-verification for prescription drug advertising in New
processes used by alcohol companies are Zealand)20, but it could never be a solution
deemed ineffective because they are easily to reducing harm in the presence of a weak,
circumvented.14 One study of age-limits voluntary advertising code.
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Evidence shows self-regulatory advertising and sponsorship as one of the
approaches are ineffective at addressing most cost-effective measures to reduce
the harmful content of, and widespread alcohol harm.25
exposure to, alcohol advertisements.21 Reducing the inequities in exposure to
Protecting communities from the adver- alcohol advertising can only be achieved
tising and promotion of alcohol should via equity-promoting marketing restrictions
never be left to an ineffective voluntary that protect our most vulnerable. Priority
code of compliance. Nor should the onus should be given to funding the replacement
be on the public to submit complaints to a of alcohol sports sponsorship, restricting
process with ineffective sanctions. Stricter alcohol marketing on social/digital media
controls on alcohol advertising have been platforms and developing an independent
recommended by the Law Commission in statutory system of alcohol marketing
2010,22 the Ministerial Forum on Alcohol surveillance and regulation. Leaving the
Advertising and Sponsorship in 201423 and fox to guard the henhouse is ineffective and
the Government Inquiry into Mental Health only serves to maintain long-standing ineq-
and Addiction in 2018.24 The World Health uities in harm.
Organization considers restricting alcohol
Competing interests:
Nil.
Author information:
Nicki Jackson: Executive Director,
Alcohol Healthwatch, Auckland, New Zealand.
Nathan Cowie: Health Promotion Advisor,
Alcohol Healthwatch, Auckland, New Zealand.
Amy Robinson: Contract Health Promotion Advisor,
Alcohol Healthwatch, Auckland, New Zealand.
Corresponding author:
Dr Nicki Jackson, Executive Director, Alcohol Healthwatch,
PO Box 99407, Newmarket, Auckland, New Zealand, +64 9 520 7035
nicki@ahw.org.nz
URL:
www.nzma.org.nz/journal-articles/ineffective-meaningless-inequitable-analysis-of-com-
plaints-to-a-voluntary-alcohol-advertising-code
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