Alcohol advertising regulation that
balances commercial and public interest
Alcohol Concern
Making Sense of Alcohol
Contents
Stick to the Facts:
Alcohol advertising regulation that balances commercial and public interest
Executive summary
1
Policy recommendations
3
Alcohol marketing and young people
4
The shape of contemporary marketing
5
The regulation
6
Alcohol advertising and youth perspectives: the work of YAAC
7
Rebalancing regulation
11
Conclusion
14
Policy recommendations
15
References
16
Executive summary
Changes to the contemporary media and communications landscape have dramatically impacted
on the extent and nature of marketing. With the growth of digital technologies, advertisers today
harness social media, online video channels and mobile phones as well as traditional channels
such as television, cinema and billboards to promote products. The alcohol industry spends more
than £800 million annually in the UK on promotion1 and is fully tapped into new opportunities to
engage consumers. Sophisticated and multi-dimensional alcohol marketing strategies increasingly
integrate online and off-line promotions, reaching right across people’s lives. As advertising has
expanded across new technologies such as the Internet, so the volume and speed of marketing
communication pose increasingly challenging questions of regulatory control.
High levels of alcohol brand recognition amongst children illustrate the weaknesses of the current
regulation – both in terms of the volume of young people’s exposure and the appeal of advertising
content2,3. Young people tell us that they regularly view alcohol advertising which, despite the
controls, makes strong associations with prohibited themes; they also assert that digital
advertising, which moves quickly and in high volumes, regularly breaches the rules. Since August
2011, the Youth Alcohol Advertising Council (YAAC) – a group of young people coordinated by
Alcohol Concern – has been reviewing selected alcohol advertising against the regulatory codes.
As a result of the review YAAC has made complaints about advertising content, where appropriate,
to the regulator, the Advertising Standards Authority (ASA). However, the whole review process
raises serious concerns about the current framework of control and balanced application of the
rules governing alcohol advertising.
The alcohol industry spends
more than £800 million
annually in the UK on
promotion and is fully tapped
into new opportunities to
engage consumers.
1
The Government’s 2012 Alcohol Strategy acknowledged the link between advertising and
consumption, particularly in young people under-18-years-old4. The World Health Organisation
recognises the dose-response relationship between young people’s exposure to alcohol marketing
and the likelihood that they will start drinking; the greater the exposure, the greater the impact5.
Evidence appears to suggest that limiting the amount and type of alcohol marketing would reduce
drinking initiation and heavy drinking, particularly among young people6.
Alcohol Concern is calling for change in order to prioritise the protection of children and young
people under-18-years-old. It is likely that as the weight of evidence grows, so too will calls for a
total ban on alcohol advertising; however, there is an immediate need for a revised framework of
regulation. The Loi Evin introduced in France in 1991 is a partial ban on alcohol advertising which
places restrictions on where and how alcohol is promoted. In our “Stick to the Facts” initiative we
are calling for the introduction of measures that capture the spirit of the Loi Evin, adapted to the
UK’s social and cultural context. It is an approach that balances commercial freedoms with
genuinely robust protection for children and young people.
Without a total ban it is impossible to entirely prevent children and young people from being
exposed to alcohol promotion. Instead, in the absence of such a ban, to reduce the appeal to
minors we are advocating that alcohol should be marketed on product facts alone, such as strength,
origin, composition and means of production – as has been successfully achieved via the Loi Evin in
France. A move away from stipulating what advertisers cannot say about alcohol to what they can
reduces the scope to make associations with prohibited themes. Marketing that inserts alcohol
brands directly into people’s enjoyment of leisure activities – for example, sponsorship of sporting,
cultural and music events, and branded merchandise – should be prevented. Other forms of
advertising that do not appeal to or target under-18s or associate alcohol with “lifestyle”
characteristics may be permitted. New controls should be overseen by an independent, statutoryenabled regulatory body with the power to levy meaningful deterrents such as fines.
Given the evidence, responsible alcohol advertising
regulation provides adequate protection to
vulnerable groups. The “Stick to the Facts”
approach draws on the legally road-tested
principles of the Loi Evin to ensure greater
protection for those who are underage, within a
framework of statutory regulation that is fully
functioning. The approach seeks greater balance
between commercial and public interest.
2
... an approach that
balances commercial
freedoms with
genuinely robust
protection for children
and young people.
Policy recommendations
1
Only advertise
product
characteristics
Where advertising is permitted, messages and
images should only refer to the characteristics of
the product’s strength, origin, composition, and
means of production. Promotion of “lifestyle”
images of drinkers or scenes depicting a
drinking atmosphere should be prohibited.
2
Statutory and
independent
regulation
Regulation of alcohol promotion should be
statutory and independent of alcohol and
advertising industries. Regulation of digital and
online content in particular is challenging, and
experience from within the UK and abroad has
demonstrated that self-regulation is failing to
adequately protect children and young people.
3
Meaningful
sanctions
Meaningful sanctions such as fines for serious
non-compliance with marketing regulations
should be introduced in line with the size of
marketing budget and estimated children’s
exposure. This would have a deterrent effect.
4
Prohibit
sponsorship
Sponsorship of sporting, cultural and music
events by alcohol companies and brands should
be prohibited. Such sponsorship should be
phased out, and organisations assisted to
source alternative funding. Branded
merchandise should also be prohibited.
5
Restrict cinema
advertising
Alcohol advertising at cinemas should be
prohibited for all films without an 18
classification. Whilst not all adult films have the
highest certificate, this is the only way to ensure
that children are not part of the audience.
3
Alcohol marketing and young people
Alcohol consumption among children and young people in the UK is of widespread concern.
Although the numbers of young people choosing not to drink have increased in very recent years,
the amount consumed by those who do is high7. Young people are particularly vulnerable to the
effects of alcohol, and misuse contributes to a range of immediate and longer term risks. Heavy
drinking in youth can affect executive functioning of developing brains and is linked to the
decreasing age of liver disease onset8. Alcohol-related deaths account for around 25% of all deaths
in young men aged between 15 and 299. Crucially, the early onset of drinking is also linked to the
likelihood of dependence in later life10.
Alcohol advertising is one of a range of factors that increases the likelihood of starting to drink11. The
exact level of influence in percentage terms is difficult to define, but the Government has accepted
the academic evidence that alcohol advertising is linked to consumption, particularly in under-18s12.
Clearly advertising is effective, or the industry would not spend £800 million in the UK each year
promoting its products – a figure likely to have increased in the period since it was calculated.
Alcohol advertising commonly draws on themes of humour, sociability, physical attractiveness,
success, adventure, fun activities, celebrity and
music13; content that is likely to appeal to young
audiences14. Subversion is noted as a growing theme,
and alcohol ads often also emphasise sexual and social
stereotyping. It is no surprise that a study of the impact
of alcohol advertising on teenagers in Ireland found that
alcohol advertisements were identified as their
favourites, compared with other ads, by the majority of
those surveyed15.
Alcohol advertising
is linked to
consumption,
particularly in
under 18s.
The high volume of alcohol promotion in the UK may
serve to normalise drinking, particularly amongst younger viewers. Compared to adults, children
and young people in the UK are exposed to significantly more alcohol adverts than would be
presumed, given their viewership patterns. Young people aged 10-15 years are exposed to 11%
more alcohol advertising than adults aged 25 years and older, and to 51% more advertising for
ready-mixed drinks (generally high in sugar content and popularly referred to as alcopops)16. A 2012
study in Wales of primary school children aged 10 and 11 found that 95% of participants recognised
the Fosters and Stella Artois logos as being for alcoholic drinks – a greater percentage than those
who recognised Ben and Jerry’s ice-cream or Mr Kipling cakes17.
4
The shape of contemporary marketing
In recent years the landscape of contemporary marketing has changed, marked by a rapid
diversification of communication channels. Marketing expenditure has shifted away from traditional
forms of direct advertising, broadcast or published to mass audiences through print, radio and
television (known as “above-the-line” marketing), towards activities such as sponsorship,
competitions and special promotions (known as “below-the-line” marketing). New technologies –
and the Internet in particular – have helped reshape the extent and nature of marketing across our
lives. Interactive digital communications that use the Internet, such as social networking sites,
podcasts, blogs, tweets, video sharing and mobile phone devices (often referred to as “new media”),
offer innovative ways to recruit, engage and build relationships with consumers.
In 2009 the UK became the first major economy in which advertisers spent more on the Internet
than they did on television18. Online social networking, through sites such as Facebook, is hugely
popular particularly with younger people: 86% of 18-24-year-olds in the UK say they have used the
Internet for social networking19. Such sites offer numerous different ways for marketers to promote
their products, from paid-for banner advertising to brand profiles for people to “like”. Online video
sharing sites such as YouTube allow access to enormous quantities of video content that can be
embedded into social networking sites or forwarded, allowing them to go “viral”.
With the growth of digital mobile technology, consumers increasingly carry the source of advertising
communication around with them in their pockets. The vast majority of social networking sites have
mobile-friendly versions, and 20% of the time spent by younger adults on social networking is
actually via a mobile device20. Bluetooth marketing that involves a device receiving an advertising
message, often upon entering a particular vicinity, is increasing.
Reflecting this movement, the volume of online alcohol adverts in the UK almost doubled between
2007 and 200821. Alcohol features prominently on online video sharing sites through user-generated
clips and official video clips, and is widely marketed both formally and informally through social
media. Today, almost all alcohol products have a dedicated website that often uses interactive
features to grow the brand.
Contemporary marketing contexts pose new and emerging challenges. New forms of marketing
reach right across people’s lives, integrating social and marketing activity, and are blurring the
boundaries of what is traditionally considered advertising “content”. In a recent survey almost half of
young people aged under 18 did not recognise alcohol product Facebook pages as “marketing”22,
potentially increasing their vulnerability to marketing messages. There is concern that “below-theline” and “new media” activity, particularly viewed by young audiences, is largely invisible to older
groups and policymakers, with implications for the appropriateness of current policies intended to
protect vulnerable populations23. For example, the regulation of alcohol advertising on YouTube is
not subject to the same regulatory oversight as televised broadcast and many banned adverts are
available to be viewed on the site.
5
The regulation
In the UK the regulation of advertising is a combination of self-regulation and co-regulation. The
Advertising Standards Authority (ASA) is the UK’s independent regulator, funded by advertisers
through a levy on advertising spending. It applies the Advertising Codes written by the Committee of
Advertising Practice (CAP). There are separate codes for broadcast and non-broadcast media,
governing placement and content: the UK Code of Broadcast Advertising (BCAP Code); and the UK
Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code).
Non-broadcast advertising, which includes digital and online marketing, is self-regulated, whilst the
ASA regulates broadcast advertising under a contract from Ofcom. The main difference is that
television advertising has to be cleared prior to transmission; with this exception, the system is
primarily reliant on the public making complaints to the ASA. The ASA may conduct an investigation
where it deems appropriate, and content found to contravene the codes may be requested to be
withdrawn or amended. The ASA has the power to refer broadcasters to Ofcom for further action if
needed, but instances of this are extremely rare.
In the UK the regulation of
advertising is a combination
of self-regulation and
co-regulation.
6
Alcohol advertising and youth perspectives: the work of YAAC
The Youth Alcohol Advertising Council (YAAC) is a group of young people aged between 16 and 19
years, coordinated by Alcohol Concern, with the remit to scrutinise alcohol advertising against the
BCAP and CAP codes from a younger person’s perspective. After reviewing selected advertising, it
is the group’s task to decide whether to make a complaint to the ASA.
YAAC was set up to give young people a voice in the debates about alcohol advertising policy, and to
explore whether children and young people view the appeal of advertising content differently from the
regulator. Since August 2011 the YAAC group has made 13 complaints about advertising content;
three of which have been upheld by the ASA Council, leading to the withdrawal of content. Seven
complaints have been rejected, one article was found not to fall under UK jurisdiction and two
investigations are pending. The process has highlighted important weaknesses in the regulatory
controls of alcohol marketing, as follows.
taken. One of the videos on the Frosty Jack’s
cider YouTube channel adjudged by the ASA to
be particularly likely to appeal to children and
young people under-18-years-old had been
viewed by over 360,000 people by the time it
was removed. The slow nature of the regulatory
investigative process, which can take several
months, compounds the problem.
1. Reliant on public engagement
With the exception of pre-vetted television
adverts, regulatory controls are overly reliant on
the public being familiar with the rules – the
majority is not – and knowing how and where to
complain about perceived infringements. In an
increasingly fragmented media, marketing
strategies that reach young audiences may be
increasingly invisible to parents. Few parents
are fully aware of the social media that their
children access or the apps they have on their
phones, which makes negative feedback
unlikely, as young people may be less willing to
engage in a formal complaints process. Public
apathy or parental ignorance may be
interpreted as a lack of concern, or worse –
implicit approval of the status quo.
3. Lack of meaningful penalties
or deterrents
The regulation lacks meaningful penalties and
therefore sufficient deterrent threat to prevent
advertisers from breaching the rules controlling
content. The stated aim of the regulator is to
work with advertisers to ensure compliance with
the codes through a system “powered and
driven by a sense of corporate social
responsibility amongst the advertising industry”24.
The removal of offending content and the risk of
negative publicity, cited as a key driver of
compliance, may be insufficient deterrent. After
several YAAC complaints, the early removal of
offending content satisfied the ASA such that it
did not investigate at all, and the advertiser
avoided any negative publicity.
2. Retrospective and slow
Again, with the exception of pre-vetted
television adverts, investigation is largely
retrospective, taking place after a complaint has
been made. Reactive regulation means that
high numbers of young people can be exposed
to inappropriate advertising before action is
7
4. Weak control of Internet advertising
Non-broadcast advertising controls have a
limited remit that leaves certain content beyond
the code’s reach. The CAP Code covering
online alcohol advertising only addresses
marketing communication that is “directly
connected with the supply or transfer of goods
and services”25. This leaves content that is
editorial by nature, such as some blogs and
uploads, outside the CAP Code remit. A YAAC
complaint about pop music videos and “viral”
video clips posted on the Sourz website with the
sign-off “Sourz Team xx” was rejected by the
ASA. Despite young people saying the content
appeared designed to appeal to them, the video
uploads, complete with brand sign-off, were
deemed not to be directly connected with the
supply or transfer of goods, and therefore
judged to fall outside the CAP Code remit
(see top of opposite page).
Controls have failed to keep pace with the
practices of digital and Internet advertising and
are not designed to respond to the volume and
real-time nature of alcohol marketing in the 21st
century. In recent years significant marketing
spend has moved online, in particular to social
media where content on Facebook and Twitter
is uploaded on a minute-by-minute basis.
Internet and digital advertising, including fastmoving social media, appears seriously underregulated in comparison with broadcast
advertising, which is largely ‘pre-vetted’.
Recent brand posts on the
Fireball Whisky Facebook page
8
Video upload and brand sign-off on the Sourz website
The ASA limits its investigations to content on
social media that was uploaded in the previous
three months. At the time of writing,
inappropriate content that is still viewable on
social media but was posted more than three
months ago effectively sits beyond regulation.
Young people complained that the content
posted on the Foster’s Facebook page
suggested that drinking Foster’s would enhance
social success and promoted the use of alcohol
for relaxation. The ASA refused to investigate
the complaint as the content was posted more
than three months ago (see below).
5. The spirit of the codes is rarely applied
The first rule of compliance in the BCAP and
CAP codes is that advertising must reflect the
spirit, not merely the letter, of the rules. YAAC
found various instances of alcohol advertising
making strong associations with themes such
as social success, sexual activity and increased
confidence – associations that are supposed to
be prohibited by the codes. The ASA’s
investigation of young people’s complaints
suggests that interpretation of the rules is narrow
and at times overlooks the spirit behind the codes.
Examples of
brand posts on
the Foster’s
Facebook pages
9
For example, in 2012 YAAC made complaints
to the ASA about ads for Bulmers cider, Estrella
beer and Smirnoff vodka – complaints that were
rejected, in part, on the basis that characters
were not seen consuming alcohol. In each of
the ads a character was portrayed holding a
bottle or a glass of the product, yet this was
interpreted as an insufficient portrayal of
consumption. Such literal interpretation of the
codes leaves creative space to make strong
associations about alcohol without actually
breaching the rules.
X-factor style moment of flamboyance or fame.
The ASA’s response suggested that the
message is “here are some extrovert people; if
you are like them, you might like our product
too”, when clearly it implies “if you aspire to be
like these extrovert people, do what they
presumably do and use our product”.
It may well be that “spirit of the code” clauses
are unenforceable for practical purposes. While
it is easy for the regulator to show that an
advert does not say “our product will make you
sexy, cool, sophisticated and successful”, it is
more difficult to show that this message is not
implied. A prescriptive system is needed which
establishes what can, rather than what cannot,
be said.
Similarly, the ASA’s response to a complaint
about Lambrini advertising appears to
misunderstand the basic principles of
marketing. The ad portrays a series of
characters in dreary circumstances having an
Lambrini television
advert (2012)
10
Rebalancing regulation
The relationship between alcohol advertising and consumption, particularly amongst under-18s, is
accepted by Government. The precise degree of influence advertising has on consumption is
difficult if not impossible to define, but advertising is used to strengthen social norms around alcohol
and to promote consumption as a normal part of, if not central to, a full life. In light of the emerging
evidence, there is a strong case for a measured rebalancing of regulation. Alcohol Concern believes
that, as the weight of evidence grows, so too will calls for a total ban on alcohol advertising.
Regardless, there is an immediate need for a revised framework of regulation that is more effective
and more proportionate to the potential harms. Despite existing controls, children are exposed to
large volumes of alcohol marketing and are highly aware of alcohol brands. The YAAC group has
found that alcohol marketing, contrary to the codes, often appeals to young people and makes
associations with prohibited themes. Regulation is overly reliant on corporate social responsibility,
lacks deterrent capacity and needs to be put on a statutory footing.
Our proposals are for a partial, not a total, ban on alcohol advertising that places restrictions on
where and how alcohol is promoted. The proposals draw on elements of France’s Loi Evin, adapted
to the UK’s social and cultural context, and prioritise the protection of young people whilst allowing
alcohol producers to promote their products responsibly. Implementation could be achieved through
an enabling statute from Government that put responsibility on a statutory footing under the arm of
an agency such as Ofcom, with expanded remit for broadcast and non-broadcast advertising; and
the power to issue meaningful sanctions such as fines, enforceable through the courts. Via the Loi
Evin such measures have already been legally road-tested in the highest European courts, meaning
a potential obstacle to implementation has been removed.
Three key elements would make up an effective and balanced regulatory framework, which would
serve to protect children and young people from harmful influence whilst enabling the alcohol and
advertising industries to continue to function responsibly.
likely to reduce the appeal to youthful
audiences. In France, these sanctions have
resulted in the language of alcohol advertising
losing most of its seductive character, together
with a complete disappearance of the drinker
and drinking environments from the imagery, in
favour of highlighting the product itself. In the
example from France an association with
sexuality has been replaced by an emphasis on
the refreshing nature of the product in post-Loi
Evin advertising (see overleaf).
1. Stick to the facts
As with the Loi Evin, where alcohol marketing is
permitted, it should be restricted to messages
and images that refer to the characteristics of
the product, such as strength, origin,
composition, and means of production. It
should also be accompanied by a clear health
message. Characters, celebrities, “lifestyle”
images of drinkers or scenes depicting a
drinking atmosphere should not be permissible,
as restricting this type of advertising content is
11
◀ Before introduction of
the Loi Evin
still be part of pan-European sporting
competition. The Heineken cup, the premier
European rugby competition, is known as the
H cup in France due to the restrictions on
alcohol sponsorship resulting from the Loi
Evin. For these same reasons, and because of
the high potential of underage exposure,
alcohol advertising in cinemas should only be
permitted for films with an 18 certificate. All
other forms of alcohol advertising that “stick to
the facts” may be permitted.
2. Limit channels of promotion
Like other forms of marketing, sponsorship
and branded merchandise give alcohol
companies a platform for developing positive
associations with their products, and often
associate alcohol with “lifestyle” aspirations.
It may be difficult to prevent underage
exposure to alcohol sponsorship of sporting,
cultural or music events, or branded
merchandise, and alcohol sponsorship of sport
in particular sends contradictory messages
about the health benefits of participation.
Alcohol sponsorship and branded
merchandise should not be permitted.
Successful implementation of such a ban can
be managed, as the phased removal of
tobacco sponsorship from sports such as
Formula One motor racing has demonstrated.
It is also possible to implement such a ban and
3. Statutory and independent oversight
The regulatory body, the ASA, lacks meaningful
mechanisms for pro-active investigation of
potential advertising breaches. Apart from the
clearance of television advertising prior to
transmission, the regulator is largely
12
After introduction
of the Loi Evin
▶
the ASA compliance survey, alcohol
advertising was 99.7% compliant with the
codes26. Do the adults responsible for
regulating advertising actually know where and
how children and young people are exposed to
alcohol advertising content? Or indeed what
appeals to them?
dependent on complaints from the public for
the identification and address of breaches of
the codes. Many people remain unaware of the
codes, let alone the complaints procedure.
Marketing that targets niche audiences such as
young people can be largely invisible to the
adult population, and these groups may be less
critical or inclined to go through a formal
complaints process.
Advertising self-regulation has proven
insufficient27. Supporters of the model claim it is
better able to “adapt to market conditions” than
statutory intervention, but the regulator has
been seriously behind the curve of new
practices in digital and Internet advertising.
Regulation of alcohol marketing needs to be put
on a statutory footing independent of alcohol or
advertising industries, matching best practice in
other fields. The regulator needs to be able to
apply meaningful sanctions, such as fines, that
deter non-compliance.
Since August 2011 three YAAC complaints
have been upheld – two for content that would
be likely to appeal particularly to those aged
under 18. In each case the companies involved
were instructed to withdraw the content in its
current form. Seven other YAAC complaints
were not upheld. A disparity exists between
young people’s perceptions of the messages
and appeal of alcohol advertising content and
the ASA’s judgements. In 2009, according to
13
Conclusion
Advertising is used to create social norms around alcohol and promotes the normalisation of
drinking in society. Exposure to alcohol marketing is linked to consumption, particularly in under18s. Earlier onset of drinking is associated with a range of risks, including an increased likelihood of
dependence later in life. In light of the growing body of evidence, a sensible policy response is a
system of controls that robustly protects those who are underage.
The UK currently has a system of regulatory controls that focuses primarily on the content of alcohol
advertisements, with some limitations on the channels that can be used. Young people involved in
YAAC have shown how minors are exposed to content which appeals to them, particularly via social
media, and how advertisers continue to make associations with prohibited themes despite the
controls. Advertisers exploit the weak rules to develop content that appeals to both adults and young
people28. Audience thresholds limiting the percentage of minors insufficiently shield those underage.
Children and young people in the UK aged 10-15 years are today exposed to significantly more
alcohol adverts than adults than would be expected, given their viewership patterns29.
Alcohol Concern is calling for a better balance between public health concerns and commercial
freedoms. Greater restrictions on the content and channels of alcohol promotion are likely to
undermine the appeal to underage audiences and reduce volumes of underage exposure.
Advertising self-regulation is insufficient. Regulation needs to be independent of interested
industries and given real teeth. A model that draws on the principles of France’s Loi Evin still allows
for the promotion of alcohol brands, but within a framework of effective regulatory controls that
balances commercial with public interest.
Alcohol Concern is calling for
a better balance between
public health concerns and
commercial freedoms.
14
Policy recommendations
1
Only advertise
product
characteristics
Where advertising is permitted, messages and
images should only refer to the characteristics of
the product’s strength, origin, composition, and
means of production. Promotion of “lifestyle”
images of drinkers or scenes depicting a
drinking atmosphere should be prohibited.
2
Statutory and
independent
regulation
Regulation of alcohol promotion should be
statutory and independent of alcohol and
advertising industries. Regulation of digital and
online content in particular is challenging, and
experience from within the UK and abroad has
demonstrated that self-regulation is failing to
adequately protect children and young people.
3
Meaningful
sanctions
Meaningful sanctions such as fines for serious
non-compliance with marketing regulations
should be introduced in line with the size of
marketing budget and estimated children’s
exposure. This would have a deterrent effect.
4
Prohibit
sponsorship
Sponsorship of sporting, cultural and music
events by alcohol companies and brands should
be prohibited. Such sponsorship should be
phased out, and organisations assisted to
source alternative funding. Branded
merchandise should also be prohibited.
5
Restrict cinema
advertising
Alcohol advertising at cinemas should be
prohibited for all films without an 18
classification. Whilst not all adult films have the
highest certificate, this is the only way to ensure
that children are not part of the audience.
15
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Europe
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Alcohol Concern
Alcohol Concern is the leading national
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Copyright: Alcohol Concern May 2013
Alcohol Concern
Making Sense of Alcohol