With the number of advertisements we see on a day-to-day basis, it can be easy to forget it’s actually a pretty strictly regulated area. Businesses need to carefully consider their advertisements content and showing times to avoid breaking any advertising laws.

Advertising regulations are particularly important when it comes to alcohol as certain types of content and products are not considered appropriate for all audiences.   

In this article, we’ll take a look at some of the regulations that apply to advertising alcohol so you can have a better understanding of your legal obligations. Keep reading to learn more. 

Alcohol Advertising Laws 

Australia’s approach to regulating alcohol-related advertisements is unique in the sense that it doesn’t take the traditional route of introducing a bill in parliament. Instead, alcohol is regulated by industry standards that have been set by alcohol companies.  

Every business looking to advertise alcohol must abide by the Alcoholic Beverages Advertising Code (ABAC). The code is a development of the Alcoholic Beverages Advertising Code Scheme, which sets the requirements for alcoholic advertising in Australia. 

Is Alcohol Advertising Banned In Australia?

Alcohol advertising isn’t banned in Australia. However, it is limited to ensure the advertisements cannot target certain audiences or convey particular messages. 

Even though the act of advertising alcohol isn’t banned in Australia, if a certain advertisement is in breach of the regulations, the business responsible for the advertisement can be ordered to take it down if it cannot be modified to meet the regulatory standards (we go in more depth about these later). 

Social Media Alcohol Advertising

Advertisement laws don’t just apply to traditional media such as televisions, print and radio. It also  covers social media. Any additional regulations or the questions of whether alcoholic advertisements are permitted on certain social media platforms is entirely dependent on the individual social media platform itself.  

This means you may need to look into the specific Terms and Conditions of the social media platform or the rules they have set out on their website. 

Can You Advertise Alcohol On Facebook?

Yes, facebook allows the advertising of alcohol on its platform with certain limitations. Firstly, the advertisements must follow the laws of the locality the advertisements are targeted for. For example, Facebook advertisements for alcohol in Australia need to be in line with the ABAC Code. 

Secondly, the advertisements cannot appear to be targeting people that are under the age of 18. 

Obviously, alcohol cannot be advertised on Facebook in countries where the consumption of alcohol is considered illegal. 

If you are thinking of advertising alcohol in places outside of Australia, it’s important to check the regulations of that region first and ensure your advertisement meets them before going live with anything. 

Tiktok Alcohol Advertising

Much like Facebook, Tiktok requires advertisements for alcohol to meet local standards. However, there are certain countries where advertising alcohol in any way is banned – be sure to do your due diligence.

It’s also essential to point out that the regulations for alcohol on social media do not just apply to the direct consumption of alcohol. Alcohol advertising on social media can include events where alcohol is being sold, alcohol making kits, drinks that are seen as an alternative to alcohol and the promotion of brands that sell alcohol. 

Therapeutic Goods Administration (TGA)

The Therapeutic Goods Administration (TGA) is responsible for the regulation of medicine and therapeutic goods in Australia. Under their regulations, the advertisement of certain therapeutic goods and substances are prohibited. 

Certain substances cannot be advertised at all, such as tobacco. This is due to the fact that tobacco does not meet the requirements under the TGA’s rules. Therapeutic Goods Administration (TGA) rules. 

The TGA has an impact on commercial advertising, therefore it’s best to get familiar with regulations such as the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021. 

If your business deals with substances or alcohol in any way, it’s important to understand your obligations as set out by the TGA. We’ve put together this Guide To The Therapeutic Goods Administration. 

Can I Advertise Alcohol On TV?

Yes, alcohol can be advertised on commercial and SBS television, but only at specific times in accordance with industry regulations. The current rules for alcohol advertising on television are as follows:

  • After 6 pm during live sports programs on weekends and public holidays, regardless of the time.
  • Between 12 pm and 3 pm on school days.
  • Between 8:30 pm and 5 am on all other days.
  • Ads must not be shown during children’s programs (C and P classified programs) or in the breaks immediately before or after them.
  • Alcohol advertisements are also prohibited on subscription channels dedicated to children’s content.

These regulations are enforced by the Australian Communications and Media Authority (ACMA) under the Commercial Television Industry Code of Practice. However, there are ongoing discussions about potential amendments to this Code, including changes to M-rated content hours, which could impact when alcohol ads can be shown. This has raised concerns about increased exposure of alcohol advertising to children.

For the most up-to-date information, it’s best to refer to the latest guidelines from ACMA or industry bodies overseeing broadcast regulations.

How Do Alcohol Complaints Work?

All complaints regarding alcohol advertisements in Australia are lodged with Ad Standards, the independent body responsible for handling advertising complaints. Once a complaint is submitted, it triggers an investigation process to determine whether the advertisement complies with the relevant advertising codes and regulations.

The Alcohol Beverages Advertising Code (ABAC) Scheme also plays a role in this process. The ABAC Chief Adjudicator receives a copy of the complaint and may conduct an independent review of the advertisement. The ad is then assessed against both the ABAC Responsible Alcohol Marketing Code and the Australian Association of National Advertisers (AANA) Code of Ethics to ensure it meets legal and ethical advertising standards.

Once the review is complete, the advertiser is notified of the outcome:

  • If the advertisement complies with the regulatory standards, no further action is required.
  • If the advertisement is found to breach the rules, the advertiser may be required to modify or remove the ad entirely.

For more information, complaints can be lodged directly through Ad Standards or reviewed under the ABAC Scheme, which provides additional industry oversight. 

AANA Code Of Ethics

Section 2.6 of the AANA Code of Ethics addresses advertisements that encourage irresponsible consumption of alcohol. When a complaint is lodged regarding an alcohol advertisement, it is assessed against this section of the Code to determine compliance.

The Code is broad in scope and applies to advertisements across all industries, not just alcohol. It defines an advertisement as any material that deliberately draws public attention and is subject to a reasonable degree of controlby the advertiser for marketing purposes.

However, the Code explicitly excludes certain types of materials from its definition of advertisements, such as:

  • Labels
  • Media releases
  • Program promotions

These exclusions ensure the focus remains on advertisements intended to actively promote products or services to the public.

What Laws Apply To Alcohol Advertising?

Different platforms have specific rules for advertising alcohol. Here’s a breakdown of key regulations to keep in mind:

Australian Content and Children’s Television Standards 2020

The Broadcasting Services (Australian Content and Children’s Television) Standards 2020 outline when alcohol advertisements can be aired around children’s programming. As mentioned earlier, alcohol ads:

  • Cannot be played during or immediately after children’s TV shows.
  • Cannot air during times when children are likely to be home from school and watching television.

Commercial Television Code of Practice

The Commercial Television Code of Practice sets standards for broadcast content, including material unsuitable for children, accuracy in advertising, and general advertising limits. If you plan to advertise alcohol on commercial TV, it’s essential to ensure compliance with these codes.

Subscription Television Code of Practice

If your alcohol advertisements will appear on subscription TV, the Subscription Television Code of Practice is crucial to understand. According to this code:

  • Alcohol ads are prohibited on channels dedicated to children’s content.

SBS Code of Practice

The SBS Code of Practice applies to all programs and advertisements broadcast on SBS. The code upholds a set of values that must be reflected in all advertising content created for the channel.

ABAC Responsible Alcohol Marketing Code

The ABAC Responsible Alcohol Marketing Code is one of the most critical frameworks for alcohol advertisers. It covers:

  • Responsibility towards minors: Ads must not target or appeal to minors.
  • Depictions of alcohol consumption: Ads must not portray irresponsible or unsafe alcohol consumption.
  • Portrayal of alcoholic beverages: Ads must represent alcohol in a socially responsible manner.
  • Alcohol safety: Ads must avoid encouraging unsafe behaviours related to alcohol use.

By following these regulations, you can ensure your alcohol advertising remains compliant and responsible across different platforms.

Are There Any More Advertising Laws In Australia?

In addition to the specific regulations governing alcohol and the advertising industry, businesses advertising alcoholic beverages must also comply with broader Australian advertising laws.

The primary regulatory framework for advertising in Australia is the Australian Consumer Law (ACL), which applies to all businesses engaging in advertising and marketing activities.

Australian Consumer Law (ACL)

The ACL was established to protect consumers from unfair trading practices and misleading or deceptive advertising. This is especially important because consumers often have less bargaining power when purchasing goods or services, making them more vulnerable to influence by businesses.

As a business advertising alcoholic beverages, your obligations under the ACL include:

  • Avoiding misleading or deceptive conduct: Ensure your advertisements accurately represent your products without exaggeration or omission of important details.
  • Displaying correct advertised prices: Always show the full and accurate price of your products, including any additional fees.
  • Avoiding bait advertising: Do not advertise products at discounted prices if you don’t have sufficient stock to meet reasonable demand.
  • Ensuring fair promotions and contests: All promotions and contests must be conducted transparently and fairly, without misleading terms or conditions.
  • Avoiding unfair contract terms: Do not include terms in your contracts or promotions that would unfairly disadvantage consumers.

By adhering to the ACL, you can ensure that your advertising practices are compliant with Australian law and foster trust with your consumers.

Do Any More Laws Apply To Alcohol?

It’s crucial that alcohol is managed responsibly—not just by those consuming it, but also by those selling, supplying, and manufacturing it. To ensure this, businesses must comply with a range of laws, including obtaining the appropriate alcohol-related licences based on their activities.

If your business involves tasks such as selling alcohol at a restaurant, bar, or retail store, it’s essential to hold the correct liquor licence before you begin operations. Failing to do so could not only jeopardise your business but also damage your credibility with the public.

What Is a Liquor Licence?

liquor licence allows a business to legally sell and supply alcoholic beverages. However, the type of licence you need will depend on the nature of your business activities. For example:

  • restaurant and café licence is required for serving alcohol with meals.
  • packaged liquor licence applies to retail outlets selling alcohol for off-premises consumption.
  • producer’s licence is designed for businesses manufacturing or wholesaling alcohol.
  • club licence applies to registered clubs providing alcohol to members and guests.

Each type of licence comes with specific requirements and conditions that must be met.

If you’re unsure about which liquor licence applies to your business, or how to comply with its conditions, it’s best to seek advice from a legal professional. They can guide you through your obligations to ensure your business operates legally and responsibly. 

Key Takeaways

If you’re thinking of advertising alcohol, it’s crucial to be aware of and comply with all relevant rules and regulations. To summarise what we’ve discussed:

  • Advertising alcohol is legal in Australia, but it is subject to strict regulations that ensure responsible marketing practices.
  • A key regulation to follow is the ABAC Responsible Alcohol Marketing Code, which governs alcohol advertising to prevent harm and ensure responsibility towards minors.
  • Alcohol can be advertised on social media platforms, provided the platform allows it. Australian regulations apply, and if you’re advertising overseas, you must also comply with the laws of those regions.
  • The Therapeutic Goods Administration (TGA) regulates advertising for certain substances that may overlap with alcohol-related promotions.
  • Complaints regarding alcohol advertisements are assessed under the AANA Code of Ethics, in addition to ABAC standards.
  • If you’re advertising alcohol on TV, compliance with specific platform codes is essential, such as the SBS Code of PracticeCommercial Television Code of Practice, or Subscription Television Code of Practice.
  • You must understand your advertising obligations under the Australian Consumer Law (ACL), which includes avoiding misleading or deceptive practices, ensuring fair promotions, and providing correct pricing.
  • Other legal requirements, such as obtaining the correct liquor licence, must also be met if your business involves selling or supplying alcohol.

By understanding and adhering to these regulations, you can ensure your alcohol advertising remains compliant and responsible.

If you would like a consultation on Australian alcohol advertising laws, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

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