Australia’s commercial television networks are pushing for changes to the industry code of practice that would allow an additional 800 hours of alcohol advertising on free-to-air channels each year, despite widespread concern about the exposure of young people to harmful marketing.
The proposal, put forward by industry body Free TV Australia and currently under review by the Australian Communications and Media Authority (ACMA), would extend daytime M-rated programming slots, during which alcohol ads are permitted, from three hours to five, running from 10am to 3pm.
Importantly, these new hours would apply year-round, with no carve-outs for weekends or school holidays, when children are more likely to be watching.
The move has triggered alarm among health advocates, who argue that it will only worsen an already concerning situation.
Under the current rules, alcohol advertising is banned during children’s programming times, but a well-known “sports loophole” allows it during live sports broadcasts, regardless of the time of day.
This has resulted in significant youth exposure: according to new data from the Foundation for Alcohol Research and Education (Fare), 70 per cent of Australians aged 15 to 17 reported seeing alcohol ads on TV in the past month alone.
“It defies logic”
Fare CEO Ayla Chorley said the proposed extension makes a mockery of the government’s commitment to reducing youth exposure to alcohol. “It defies logic that even though alcohol companies aren’t supposed to market their products to under 18s, they are allowed to advertise during televised sporting events when they know thousands of kids are watching,” Chorley said.
“This really underscores the need for reform to the regulation of alcohol advertising, like the commercial TV code of practice, which allows a sports loophole”.
She urged ACMA to reject the revised code, warning that the proposed changes fail to meet community expectations. “This new data highlights how critical it is that the ACMA rejects Free TV Australia’s draft code of practice and demands an approach that meets community expectations – one that protects our children from harmful alcohol advertising at all times,” Chorley added.
Julia Stafford of the Cancer Council of Western Australia echoed the sentiment, saying the “insidious creep” of alcohol marketing must be stopped. “We know that when children are exposed to alcohol ads, they are more likely to start drinking earlier in life and at riskier levels,” she said.
Code rewrite leaves key gaps
As Free TV Australia’s proposed code of practice edges closer to a decision, criticism is mounting from all corners of the media and policy landscape, each highlighting different but overlapping concerns about the glaring omissions in the self-regulatory framework.
ACMA has been vocal in its disappointment. In its official response to the draft code, the regulator warned that expanding M-rated programming hours, particularly without adjusting for school holidays and weekends, may not align with community expectations. “Viewers may have concerns about any extension of time when alcohol advertising is permitted on television,” ACMA said.
ACMA also urged Free TV to extend content safeguards to streaming platforms such as 9Now, 7Plus and 10Play, which continue to grow in popularity. Viewership of broadcasters’ on-demand services jumped from 18% in 2017 to 43% in 2023, but these platforms remain largely unregulated under the current code. “The ACMA considers that viewers would benefit from broadcasters committing to voluntarily extend some or all of their broadcast television safeguards to all television content provided online,” the regulator stated.
Children and Media Australia (CMA) took a firmer stance, saying the code review shows “a profound lack of concern for children and their lives.” In its submission, CMA argued that increasing M-rated hours without weekend or holiday protections would mean families encounter adult-themed content, and the ads that go with it, during key daytime viewing periods.
B&T contacted FreeTV for comment on this matter but received no response prior to publication.
Advertising industry on the defensive
The push for looser rules comes at a time of growing regulatory scrutiny over advertising across sectors, including alcohol, gambling, and junk food. At the AANA’s recent RESET for Growth conference earlier this month, the association’s CEO, Josh Faulks, issued a stark warning to marketers and media executives about escalating regulatory threats to gambling and alcohol advertising.
“This is no longer a theoretical threat. It’s real. Some bans are already happening,” he said.
Faulks pointed to mounting political pressure in New South Wales and South Australia as evidence that the advertising sector could soon face sweeping reforms. “Collectively, these proposals will strip hundreds of millions of dollars out of our industry and cripple the ability of some brands to advertise their products,” he said.
Rather than retreat, Faulks urged the industry to “lean in with strategic intent” to shape the future of marketing regulation. “In this environment, leaders have two choices. We can put our heads in the sand and hope it all blows over, which we know it won’t. Or we can lean in with strategic intent and invest in marketing to drive growth,” he said. “The choice is obvious.”
As ACMA prepares to rule on Free TV’s revised code of practice, the debate has crystallised a broader cultural and regulatory moment for Australia’s media landscape. On one side, public health experts and child advocacy groups are demanding stronger safeguards; on the other, broadcasters and advertisers warn that overregulation could stifle growth and innovation.
What’s clear is that the decision ACMA makes in the coming weeks will reverberate well beyond children’s programming blocks. It will shape the future of how, where, and when alcohol brands can reach Australian audiences, and what kind of media environment young viewers will grow up in.
