Seven “disappointed” with Fed Court ‘tobacco ad’ judgement

Seven “disappointed” with Fed Court ‘tobacco ad’ judgement
SHARE
THIS



Network Seven has said it's "disappointed" by Federal Court's decision to dismiss its application for a review of a ACMA decision which found that a Channel Seven Adelaide news story was a 'tobacco ad'.

The Court has backed the ACMA’s decision that Seven had breached its licence by broadcasting a news piece about Coles selling cheap cigarette imports that included shots of tobacco company brands.

The ACMA had ruled that the story – aired in 2010 – contravened the Tobacco Advertising Prohibition Act. Seven argued that it had not intentionally promoted the sale of cigarettes.

However, Justice David Yates has dismissed this argument, stating that Seven had breached a licence condition by broadcasting a news segment called “Cheap Cigarette Imports”.

In his findings, Justice Yates said that “if a person means to broadcast material that gives publicity to or otherwise promotes or is intended to promote smoking…then the intention will be established”.

“The ACMA welcomes this decision,” said acting ACMA Chairman, Richard Bean. "It provides an important reminder the legal prohibitions against the advertising of tobacco are very strict. “The law serves an important public health purpose and the ACMA will continue to be vigilant in this area. The ACMA will now consider what remedial action is appropriate."

In response to the Justice Yates decision, a statement from Seven said:

"Seven is disappointed by the Court's decision which approved the ACMA's analysis of Seven's news broadcast. Seven continues to believe that its broadcast, which highlighted the increase of cheap tobacco imports being sold by supermarkets and which included messages from anti-smoking group, Action on Smoking and Health (ASH), related to an important public interest issue and was in no way intended to promote cigarettes or smoking and breached no applicable laws."

Please login with linkedin to comment

Latest News

Study: Aussie Brands Close The Gap Between Digital Experience & Customer Expectation
  • Marketing

Study: Aussie Brands Close The Gap Between Digital Experience & Customer Expectation

SAP Australia today launched its 2017 Australian Digital Experience Report, revealing that Australian businesses have significantly improved the digital experience they provide, closing the gap to what consumers expect. However, while performance has improved, consumers are still more likely to be unsatisfied with digital experiences than delighted by them.  The report, based on results from […]

Nuttelex Launches First Brand TVC Via Independent The Sanford Partnership
  • Campaigns

Nuttelex Launches First Brand TVC Via Independent The Sanford Partnership

Following a nation-wide qualitative and quantitative research study, independent creative agency The Sanford Partnership has produced a TVC for its client Nuttelex. The TVC has a nostalgic theme with a modern twist and highlights the brand’s healthy credentials. Nuttelex Food Products Pty Ltd started in a small factory in St Kilda in 1932. Now, the family […]

Yarra Trams & Icon Agency Introduce ‘Tram Coach’ For New Passenger Safety Campaign
  • Advertising
  • Campaigns

Yarra Trams & Icon Agency Introduce ‘Tram Coach’ For New Passenger Safety Campaign

Yarra Trams has appointed Icon Agency to deliver a new passenger safety campaign, following a competitive three-way pitch. The campaign aims to reduce the incidence of slips, trips and falls on trams via Melbourne’s latest safety ambassador, ‘Tram Coach’. Commencing today, Tram Coach will be travelling the Yarra Trams network throughout the week. His mission […]

The Red Republic Appoints New General Manager
  • Marketing

The Red Republic Appoints New General Manager

The Red Republic has strengthened its management team with the appointment of Mai Aristoteli (pictured above) as general manager. Aristoteli joins The Red Republic from Talk PR in London, where she has worked for nine years as a board director. The appointment of Aristoteli follows The Red Republic managing director Lynn Mooney’s relocation to head-up […]

PR Deadlines Inks Deal With GlobalCom PR Network
  • Marketing

PR Deadlines Inks Deal With GlobalCom PR Network

Sydney-based agency PR Deadlines has extended its global reach after inking a partnership agreement with the GlobalCom PR Network. The agreement gives PR Deadlines’ clients access to some 70 independent agencies covering all European Union states, as well as 60 more in countries worldwide. In turn, clients of affiliated agencies will have access to PR […]

Fintech Start-up InstaReM Names Aussie Cricketer Matthew Wade As Brand Ambassador
  • Marketing

Fintech Start-up InstaReM Names Aussie Cricketer Matthew Wade As Brand Ambassador

InstaReM, which offers international money transfers to individuals and businesses, has signed on Australian wicketkeeper Matthew Wade as the sports face of the brand. InstaReM lists Australia as its founding market, having begun life here in 2014. Since the company’s modest start in Australia, InstaReM has since successfully spread its wings to other corridors by […]

Australia Is Diverse… Does Your Brand Have An Inclusive Digital Presence?
  • Marketing
  • Opinion

Australia Is Diverse… Does Your Brand Have An Inclusive Digital Presence?

As Australia continues to grow and the population becomes more ethnically diverse, it is important that marketers ensure digital environments are more inclusive, especially for those who don’t speak English as a first language, writes Siteimprove’s Haley Doel (pictured below). Having a readable and accessible website is no longer just a high priority for large […]

Opinion

by B&T Magazine

B&T Magazine
Pepsi MAX Teams Up With PHD & Time Out For New Data-driven Campaign
  • Advertising
  • Campaigns

Pepsi MAX Teams Up With PHD & Time Out For New Data-driven Campaign

Pepsi MAX has partnered with PHD and Time Out to not only inspire Australians, but also enhance their ability to ‘MAX’ out their summer this year. Through the use of a live dynamic data feed, consumers will be served ads by the brand on events taking place around them that are relevant to their personal […]

AI – To Join It Or To Beat It
  • Media
  • Opinion

AI – To Join It Or To Beat It

I'm afraid we can't let you read this piece Dave! That's a joke about A Space Odyssey 2001, young B&T readers.

Opinion

by B&T Magazine

B&T Magazine