Member's Bill
Explanatory note
General Policy Statement
Recent changes to the legal drinking age have drawn attention to the problems associated with alcohol abuse. However it is apparent that the problem is not specifically a 'youth' problem, but reflective of a widespread culture of binge drinking in New Zealand. Research shows that the proportion of under 18 year olds drinking has not changed as a result of lowering the age limit, but those who do drink, do so more often and they drink more.
The aggressive promotion of alcohol features strongly in New Zealand society. This cannot help but exacerbate the problems of alcohol abuse. In 1992 alcohol brand advertising was introduced into broadcast media, leading to a 42% increase in advertising expenditure and a fourfold increase in televised alcohol advertising in the first three years. By 1998 there was approximately $52 million worth of alcohol sponsorship and advertising on television and radio and in newspapers and magazines. The money spent on health promotion messages is a fraction of that.
As a result the primary source of information for most people about alcohol and how to use it comes from alcohol advertising. Alcohol advertising on broadcast media is characterised by the association of alcohol brands with desired lifestyle images. The message coming from that is that if you want to have what it takes, you have to be able to take your drink.
This bill seeks to address the problems associated with this kind of advertising by regulating the marketing, advertising and promotion of alcohol products through the broadcast media.
Clause by Clause Analysis
Clause 1 relates to the title of the Bill.
Clause 2 provides that the Bill comes into force on the day after the date on which it receives the Royal assent.
Clause 3 sets out the purpose of the Bill.
Clause 4 sets out definitions for 'broadcast', 'liquor' and 'liquor advertisement'
Clause 5 provides that subject to the exceptions in this Act, no person can broadcast, or arrange for any other person to broadcast, any liquor advertisement in New Zealand.
Clause 6 sets out the exceptions for section 5. Section 5 does not apply to any broadcast originating outside New Zealand or any film made outside New Zealand unless its main purpose is to promote the use of liquor products; the film or video recording is intended for sale, distribution or exhibition mainly in New Zealand; or the film or video recording is targeted primarily as a New Zealand audience. Section 5 does not apply to the dissemination, broadcasting or exhibition of any film, video recording or sound recording if it was made before the date on which this Act comes into force and the liquor advertisement is in the form or a reference to, or depiction of a liquor product trademark that is only an incidental part of that film, video recording or sound recording
Clause 7 sets out that any person who, without reasonable excuse, broadcasts any advertisement for a liquor product in contravention of section 5 commits an offence and is liable to a fine of up to $50,000 in the case of a manufacturer, importer or distributor or a fine of up to $10,000 in any other case.
Clause 8 states the Director-General is responsible for enforcing the provisions of this Act. Prosecution for an offence against this Act may only be commenced on the information of the Director-General or some other person authorised for that purpose by the Director-General. Any information relating to an offence against this Act may be laid at any time within one year after the time when the matter of the information arose.
Clause 9 provides that the enactments specified in the schedule are to be amended as indicated in that schedule.
The Parliament of New Zealand enacts as follows
1Title
This act is the Liquor Advertising Act 2002.
2Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3Purpose
The purpose of this Act is to reduce the social approval of liquor use, particularly among young people, by imposing controls on the marketing, advertising or promotion of liquor products through broadcast media.
4Interpretation
In this Act, unless the context otherwise requires, -
"Broadcasting" has the meaning given to that term by the Broadcasting Act 1989
"Director-General" means the Director-General of Health
"Liquor" means any fermented, distilled, or spirituous liquor (including spirits, wine, ale, beer, port, honeymead, stout, cider, and perry) that is found on analysis to contain 1.15 percent or more alcohol by volume
"Liquor advertisement" means any broadcast used to encourage the use or notify the availability or promote the sale and consumption of any liquor product;
5Advertising of liquor products
Except as provided in this Act, no person may broadcast, or arrange for any other person to broadcast, any liquor advertisement in New Zealand.
6Exceptions to section 5
(1)Nothing in section 5 applies to any broadcast originating outside New Zealand, or in any film or video recording made outside New Zealand unless
(a)The principal purpose of the broadcast, film or video recording is the promotion of the use of liquor products; or
(b)The film or video recording is intended for sale, distribution, or exhibition primarily in New Zealand; or
(c)The film or video recording is targeted primarily at a New Zealand audience.
(2)Nothing in section 5 applies to the dissemination, broadcasting or exhibition of any film, video recording, or sound recording, where —
(a)That film, video recording, or sound recording was made before the date on which this Act comes into force; and
(b)The liquor advertisement included in that film, video recording, or sound recording is in the form of a reference to, or a depiction of, a liquor product trademark that is only an incidental part of that film, video recording, or sound recording.
7Offences
Every person who, without reasonable excuse, broadcasts any advertisement for a liquor product in contravention of section 5 commits an offence and is liable, -
(a)In the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $50,000; or
(b)In any other case, to a fine not exceeding $10,000.
8Enforcement
(1)The Director-General is responsible for enforcing the provisions of this Act.
(2)No prosecution for an offence against this Act may be commenced except on the information of the Director-General or some other person authorised for that purpose by the Director-General.
(3)Despite anything in section 14 of the Summary Proceedings Act 1957, any information in respect of an offence against this Act may be laid at any time within 1 year after the time when the matter of the information arose.
9Consequential Amendments
The enactments specified in the schedule are amended in the manner indicated in that schedule.
Schedule
Enactments amended
Alcoholic Liquor Advisory Council Act 1976
Add in section 8(1)(f) after the words 'restrict such advertising', the following:
"which is not already prohibited by the Liquor Advertising (Television and Radio) Act 2002."
Broadcasting Act 1989
Add in section 21(1)(3)(v) after the words 'promotion of liquor', the following:
"which is not already prohibited by the Liquor Advertising (Television and Radio) Act 2002"
