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ASIA PACIFIC: AUSTRALIA

Advertising Standards Board (ASB) Upholds First Complaint under the Australian Association of National Advertisers’ (AANA) Code for Advertising to Children
Author: Kieran Gamble, Thomson Playford

In October 2006, the ASB upheld a complaint against an advertisement under the AANA’s Code for Advertising to Children (CAC) for the first time. The ASB states that since the CAC’s introduction in 2004, it has received 94 complaints in relation to 24 advertisements.

The particular television advertisement, by Blinck Mobile, for mobile ringtones, stated:

“Cool! Fool your parents and teachers with this unique silent ringtone (sound indicator bars shown on screen but no actual sound). This ringtone is so high pitched adults cannot hear it!”.

The ASB found that the advertisement contravened section 2.4.1(a) of the CAC which prohibits advertisements that “undermine the authority, responsibility or judgment of parents or carers…”.

The CAC, among other things, also states that advertisements to children must not portray images or events in a way that is unduly frightening to children, imply that a product makes children who own it superior to their peers or imply that persons who buy an advertised product are more generous than those who do not.

As a postscript to our article in Volume I Issue III of the Gazette concerning the recently introduced AANA Food & Beverages Advertising & Marketing Communications Code, the ASB has advised that, to date, it has received no complaints about advertisements under the new Code. The Food & Beverages Code encourages the promotion of healthy, balanced diets and prohibits advertisers from undermining the importance of a healthy or active lifestyle. The Food & Beverages Code was introduced primarily to combat growing concern over obesity and complements the CAC and other codes administered by the ASB.