2. ABAC Scheme: ABAC Responsible Alcohol Marketing Code
Pre-vetting system
Public complaints system
Best Practice for Digital Alcohol Marketing

3. ABAC Responsible Alcohol Marketing Code3

4. Application of the Code
The Code APPLIES to:
all Marketing Communications in Australia
generated by or within the reasonable control of a Marketer (producer distributor or retailer of Alcohol)
Brand advertising by the Marketer – Yes
Marketing by an agency retained by the Marketer regardless of whether the Marketer approved the specific material – Yes
Product placement where Marketer has reasonable control of the way the product is portrayed - Yes
User generated material on a digital page controlled by the Marketer - Yes
Unauthorised material about a brand on a third party site - No

5. Part (a) - Responsible and moderate portrayal of alcohol beverages
Can’t encourage or show:
Excessive consumption (inconsistent with Australian Alcohol Guidelines)
Rapid consumption
Misuse or abuse
Irresponsible or offensive alcohol related behaviour
Can’t challenge or dare people to consume an alcohol beverage
Can’t encourage the choice of a beverage by emphasising its alcohol strength or the intoxicating effect of alcohol (except low alcohol strength)

7. Part (b)(i) Responsibility toward Minors
No Strong or Evident Appeal to Minors;
Means:
likely to appeal strongly to Minors
specifically targeted at Minors;
having a particular attractiveness for a Minor beyond the general attractiveness it has for an Adult;
using imagery, designs, motifs, animations or cartoon characters that are likely to appeal strongly to Minors or that create confusion with confectionary or soft drinks; or
using brand identification, including logos, on clothing, toys or other merchandise for use primarily by Minors

8. Part (b)(ii)&(iii) – Images of under 25s
Minor (actual or appearance) can only be shown if:
in an incidental role in a natural situation (eg a family socialising responsibly); and
there is no implication they will consume or serve alcohol
18-24 year olds can only be shown if:
not visually prominent within the ad; or
not a paid model or actor and are shown in a communication placed in an Age Restricted Environment (eg licensed premises, age restricted digital-Facebook)

10. Part (c) – Responsible depiction of the effects of alcohol
Can’t show or suggest the consumption or presence of alcohol:
created or contributed to a significant change in mood or environment
was a cause of or contributed to achievement of success
was a cause of or contributed to success or achievement when shown as part of a celebration
offers any therapeutic benefit or is a necessary aid to relaxation

12. Part (d) – Alcohol and Safety
Can’t show consumption of alcohol before or during an activity that for safety reasons requires a high degree of alertness or physical co-ordination Examples: driving boating operating machinery swimming sport

14. New ABAC Code Provisions14

15. Part (b)(iv) Responsibility toward Minors
A Marketing Communication must not be directed at Minors through a breach of any of the Placement Rules.
Placement Rules are included in ABAC Definitions.

16. Placement Rule (i)
A Marketing Communication must comply with codes regulating the placement of alcohol marketing that have been published by Australian media industry bodies (for example, Commercial Television Industry Code of Practice and Outdoor Media Association Alcohol Guidelines)
Examples:
Billboards must be >150m from schools
Television ads can only be shown between 5:30am and 8:30pm if they are with a live sporting event broadcast or on the weekend/public holidays with a sports program

17. Placement Rule (ii)
If a media platform on which a Marketing Communication appears has age restriction controls available, the Marketer must utilise those age restriction controls to exclude Minors from the audience.
Examples:
Facebook allows brands to restrict content to registered users 18 or over
Youtube allows brands to restrict content to those logged in as a user that is 18 or over.

18. Placement Rule (iii)
If a digital, television, radio, cinema or print media platform does not have age restriction controls available that are capable of excluding Minors from the audience, a Marketing Communication may only be placed where the audience is reasonably expected to comprise at least 75% Adults (based on reliable, up-to-date audience composition data, if such data is available)
Age targeting is not sufficient to avoid compliance with this rule, there must be a setting or technology that excludes users under 18 from an audience
International best practice
Onus is on the Marketer
Where data is not available:
Data for comparable content
Common sense approach.

19. Placement Rule (iv)
A Marketing Communication must not be placed with programs or content primarily aimed at Minors
Examples:
Children’s cartoon
Children’s movie
Magazine for teenagers

20. Placement Rule (v)
A Marketing Communication must not be sent to a Minor via electronic direct mail (except where the mail is sent to a Minor due to the Minor providing an incorrect date of birth or age)
Marketing databases must be age verified to ensure all recipients are 18 or over

21. Part 4 – No Fault Breach
A breach of this Code that is reasonably unforseeable or outside the reasonable control of the Marketer or their agency will be classified as a no fault breach
Onus on Marketers
Responsible for actions of agencies
If correctly and adequately brief a media platform or talent, an error by the platform or talent will be classified as a “no fault” breach
No fault breaches are not included in the list of breaches included on the ABAC website and in the ABAC Annual Report

22. Alcohol ad during ‘The Deep’ on 7Plus catchup TV

23. Assessment against Placement Rules
No media industry placement codes apply to catchup tv
No age restriction controls available
Program is likely to have an audience of > 25% Minors
Series has a target audience of 6-12 year olds - primarily aimed at Minors
Would be a no fault breach if the television station confirmed that the placement occurred due to a program or advertisement classification error by the station

24. Compliance checklist
Educate your marketing teams, advertising agencies, media placement agencies and media partners about the new placement rules  
Ensure your internal policies are consistent with the ABAC Placement Rules
Ensure your placement terms with media platform partners reflect the new requirements
Know where your marketing is being placed
Know the audience composition of the platform or program you are using
Ensure your marketing databases have been age verified using a reputable system so that they only include adults
In the event of a complaint, the onus will be on advertisers to demonstrate to the ABAC Panel that the placement rules have been met

25. Any Questions?