This article was first published on Croakey Health Media.
Watching sport should be a fun way to spend time with your family on the weekend. But it’s almost impossible to enjoy a game on TV without alcohol advertising.
The good news is, right now, there is a key opportunity to make a pivotal change to how alcohol can be advertised on TV.
In June last year, the Australian Communications and Media Authority (ACMA) rejected proposed changes to the Commercial TV Industry Code of Practice (the Code) which would have extended the times that alcoholic products can be advertised by approximately 800 hours each year.
In so doing, the ACMA acknowledged that the revised Code would not provide appropriate safeguards, particularly when it came to alcohol advertising.
The Code is developed by commercial free-to-air television networks, which operate under the banner of ‘Free TV’. It sets the rules for alcohol advertising on our televisions.
But as history continues to show, advertising codes developed by the industries that profit from those ads are far from what the community expect and far from the protections truly needed.
The ACMA’s rejection of these changes means that the existing Code remains in force.
Glaring loophole
While it was a positive step to see alcohol advertising rules not be weakened, the existing Code has limited effect to protect the community from harmful advertising.
For example, there is a glaring loophole when it comes to sports. While alcohol is not meant to be advertised during children’s viewing hours, sporting broadcasts have been given an exemption, as though children do not watch sports with their families.
This matters because research shows the earlier children are exposed to alcohol advertising the more likely they are to drink earlier and to go on to drink at high-risk levels.
We also know that gender-based violence incidents spike during big sporting events. For example, during the State of Origin there are significant increases in violence, with one study finding an increase of 40 percent in domestic assaults reported to police in NSW.
The Federal Government’s Rapid Review on prevention approaches to end family and domestic violence has recommended alcohol advertising be restricted during sporting events to prevent harm.
Pivotal moment
The current review by the ACMA is a pivotal moment for alcohol advertising regulation.
Following extensive concerns raised by the community and leading health organisations, the ACMA is conducting a specific review into the current alcohol advertising restrictions in the Code.
It will be assessing the appropriateness of the Code and whether it should instead determine a ‘program standard’.
This is a key opportunity to put regulation of alcohol ads on TV in the hands of the regulator – not industry. To ensure community wellbeing is prioritised over profit.
As described in the ACMA explainer guide, the Code currently falls under a “co-regulatory” system where television industry groups are in charge of developing, monitoring and administering the Code.
However, under the Broadcasting Services Act, ACMA has the power to make a ‘program standard’ if they determine that the Code is failing. “A program standard is a legally binding legislative instrument that mandates specific requirements for broadcasters.”
To make a program standard, the ACMA must be satisfied that there is convincing evidence that the Code is not providing appropriate community safeguards when it comes to alcohol advertising and that a program standard for alcohol advertising is needed.
A program standard would be developed by the ACMA, rather than the current Code that is developed by the industry it sets out to regulate. The ACMA would be responsible for deciding what regulation of alcohol advertising on free-to-air TV looks like.
This is a critical step forward to safeguard our communities from harmful alcohol ads.
For example, the ACMA could decide that alcohol cannot be advertised during sporting events, given this is a time that children are likely watching and incidents of violence in the home peak.
A program standard would be a mandatory condition of free-to-air TV broadcasting licenses. This means that there are significant consequences for breaching the regulations that would act as a strong deterrent for TV companies from breaking the rules.
Have your say
If you want to see mandatory regulation of alcohol advertising on television, this is a consultation not to miss.
Together, we can send a clear message to the ACMA that leaving the companies that profit from alcohol advertising to set their own rules about alcohol advertising is simply not good enough. Our submissions can let them know that we expect the wellbeing of our children, families and communities to come first.
While the ACMA has made program standards before, it is not a commonly exercised power. They have made it clear that the evidence and community desire for a program standard for alcohol advertising must be compelling.
If you have research into the impact of alcohol advertising, if you are an organisation working with individuals or communities affected by alcohol harm, or if you have personally found yourself wanting to see less alcohol advertising on TV – this is an opportunity for you to input into what could be a landmark step forward for alcohol advertising regulation in Australia.
The consultation will close on 30 April 2026.
Dr Aimee Brownbill is Policy and Research Manager at the Foundation for Alcohol Research and Education and ARC Early Career Industry Fellow with The University of Queensland Centre for Digital Cultures and Societies.
