Further memorandum by The Portman Group
(AL 35A)
REGULATION OF
ALCOHOL MARKETING
I have been following with interest the progress
of the Health Select Committee's alcohol inquiry. I am concerned,
however, that there appears to be a degree of confusion among
the Committee as to the regulatory controls that apply to particular
forms of alcohol marketing. Indeed, the Committee seems to be
under the impression that there is a "regulatory gap"
in respect of on-line marketing and sponsorship. Although I appeared
before the Committee, I was not questioned about these and other
marketing issues that fall under our Code. I hope that this memo
therefore clarifies the regulatory position and the independent
complaints processes.
I recognise that the regulatory system is complex
but the fact is that all drinks producers' marketing activity
is subject to the same strict standards of regulation; there are
no "gaps".
For historical reasons, three regulators are
involved: Ofcom, the Advertising Standards Authority (ASA) and
the Portman Group. The different regulatory systems, however,
while they operate independently of one another, adopt similar
standards and complement one another to ensure strict supervision
of all drinks producer marketing activity.
Ofcom regulates television programme sponsorship.
The ASA regulates advertising, including TV (excluding programme
sponsorship), radio, press, poster, direct mail and paid-for advertising
on the internet. The Portman Group regulates packaging and various
other forms of promotion, including sponsorship (excluding programme
sponsorship), branded merchandise, press releases, and non-paid
for advertising on the internet. In other words, the Portman Group
seeks to regulate any marketing which is not otherwise regulated
by Ofcom/ASA. The table on the next page summarises this information.
The regulatory system may appear fragmented
but the division of responsibilities, however, is logical. The
ASA regulates all advertising in 'paid-for' space; it cannot,
for example, take over responsibility for regulating alcoholic
drinks packaging without simultaneously taking on responsibility
for regulating all product packaging including that of food, electrical
goods, etc. The Portman Group, meanwhile, cannot for example take
over responsibility for regulating alcohol advertising on TV because,
apart from anything else, the ASA has a legal responsibility for
this. This fragmentation does not mean, however, that there are
necessarily any shortcomings with the present regulatory system.
I hope that this short memo reassures the Committee
that controls and independent complaints processes do exist in
respect of all drinks producer marketing activity.
28 July 2009
Table 1
SUMMARY OF UK REGULATORY SYSTEM APPLYING
TO DRINKS PRODUCERS' MARKETING ACTIVITIES
| Regulator | Ofcom
| Advertising Standards Authority |
Portman Group |
| Remit: | Television programme sponsorship
[Also broadcast editorial standards]
| All advertising, eg:
— television
— radio
— press
— poster
— cinema
— direct mail
— paid-for internet advertising
— mobile phones (SMS and Bluetooth)
| All other alcohol producer marketing advitities, eg:
— naming
— packaging
— sponsorship (excluding TV programme sponsorship)
— sampling
— press releases
— brand websites
— producer-generated point-of-sale materials
|
| Nature of system: | Statutory
| Co-regulatory (broadcast) | Self-regulatory
|
| | Self-regulatory (non-broadcast)
| |
| Rules written by: | Ofcom |
BCAP, but approved by Ofcom (broadcast) | Portman Group
|
| | CAP (non-broadcast)
| |
| Adjudicating body: | Ofcom |
Independent ASA Council chaired by the Rt Hon Lord Smith of Finsbury
| Independent Complaints Panel chaired by Sir Richard Tilt
|
| Funded by: | Government |
Advertising industry | Drinks producers
|
| | |
|
|
