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

Crater Teams Up With Director Luna Laure For ‘Harry’s Story’, Canteen’s Newest Campaign
  • Campaigns

Crater Teams Up With Director Luna Laure For ‘Harry’s Story’, Canteen’s Newest Campaign

Canteen’s latest campaign features the combined talents of Director Luna Laure and creative agency Crater. The campaign strives to raise awareness for young people affected by cancer. The awareness campaign centres around Harry Barentson, who at 12 years of age found out his pregnant mum had cancer. While his mother fortunately survived, he lost his […]

AFL Legend Kevin Sheedy Narrates ‘A Love Letter To Victoria’ Via Enthral Partners
  • Campaigns

AFL Legend Kevin Sheedy Narrates ‘A Love Letter To Victoria’ Via Enthral Partners

In partnership with storytelling agency Enthral, AFL star Kevin Sheedy has voiced a video ‘Love Letter to Victoria’ using visuals to showcase the state’s natural beauty and culture. Victoria has been hit with the worst of the coronavirus pandemic compared with any other Aussie state experiencing four lockdowns. Sheedy has partnered with Ethral to share […]

Telstra’s Belong Appoints Howatson + White For Strategy & Creative, Retains OMD For Media
  • Advertising

Telstra’s Belong Appoints Howatson + White For Strategy & Creative, Retains OMD For Media

Telstra’s lower-cost telco, Belong, has awarded its strategy and creative account to Howatson + White, and has reappointed OMD to its media buying account, after a competitive pitch process. Howatson + White will handle strategy, planning, creative and CRM, while former agency Clemenger will continue to have a relationship with Belong, managing PR and retail activation. […]

Coke Releases New Campaign, ‘Turn Up Your Break’, Via Ogilvy
  • Advertising
  • Campaigns

Coke Releases New Campaign, ‘Turn Up Your Break’, Via Ogilvy

Coca-Cola Australia has rolled out its new campaign ‘Turn Up Your Break’. The campaign will be led by a TVC that encourages people to truly pause with a Coke on their break so they can walk away feeling refreshed and uplifted. The TVC features two busy chefs stepping outside for a break, the bustling kitchen […]

Nova 91.9’s Ben And Liam Locked Up In Rundle Mall To Raise Awareness For Mental Health
  • Marketing
  • Media

Nova 91.9’s Ben And Liam Locked Up In Rundle Mall To Raise Awareness For Mental Health

Nova 919’s Ben & Liam breakfast show announced that they’ll be throwing their support behind and raising awareness for a cause very close to their hearts, mental health. On Monday 21 June Ben Harvey and Liam Stapleton will be locked in a purpose-built glass structure, in the middle of Rundle Mall, for an entire week […]

iHeartPodcast Network Australia And The New York Times Agree Podcast Ad Sales Deal
  • Advertising
  • Media

iHeartPodcast Network Australia And The New York Times Agree Podcast Ad Sales Deal

ARN and The New York Times have reached an agreement for ARN to become the advertising sales representative for The New York Times’s podcast portfolio in Australia. The deal will enable Australian brands to connect with Australian listeners to The New York Times’s most popular podcasts, such as The Daily, Serial and This American Life, […]

Verizon Media Academy Ends For 2021 With Youth Charity Pitch-Off
  • Advertising
  • Media

Verizon Media Academy Ends For 2021 With Youth Charity Pitch-Off

Verizon Media’s talent program has come to an end for the third year, closing with a hybrid pitch-off event for Musicians Making A Difference (MMAD). The Verizon Media Academy class of 2021, made up of 44 emerging leaders from across Australia and New Zealand media, advertising and marketing industry, were given just one hour to […]