Jimmy Brings Outdoor Advertisement

 ABAC Adjudication Panel Determination Nos 89, 95 & 102/22 

Product: Jimmy Brings 

Company: Endeavour Group 

Media: Stencil on Footpath 

Date of decision: 28 November 2022 

Panelists: Professor The Hon Michael Lavarch (Chief Adjudicator) 

Ms Debra Richards 

Professor Richard Mattick 

Introduction 

1. This determination by the ABAC Adjudication Panel (“the Panel”) arises from three complaints received on 25 October, 3 November and 12 November 2022 about marketing by Jimmy Brings (“the Company”) using stencils on footpaths. 

2. Alcohol marketing in Australia is subject to an amalgam of laws and codes of practice that regulate and guide the content and, to some extent, the placement of marketing. Given the mix of government and industry influences and requirements in place, it is accurate to describe the regime applying to alcohol marketing as quasi-regulation. The most important provisions applying to alcohol marketing are found in: ● Commonwealth and State laws: ● Australian Consumer Law – which applies to the marketing of all products or services, and lays down baseline requirements, such as that marketing must not be deceptive or misleading; 

● legislation administered by the Australian Communications and Media Authority – which goes to the endorsement of industry codes that place restrictions on alcohol advertising on free to air television; 

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● State liquor licensing laws – which regulate the retail and wholesale sale of alcohol, and contain some provisions dealing with alcohol marketing; 

● Industry codes of practice: ● AANA Code of Ethics – which provides a generic code of good marketing practice for most products and services, including alcohol; 

● ABAC Responsible Alcohol Marketing Code (“ABAC Code”) – which is an alcohol-specific code of good marketing practice; 

● certain broadcast codes, notably the Commercial Television Industry Code of Practice – which restricts when advertisements for alcohol beverages may be broadcast; 

● Outdoor Media Association Code of Ethics and Policies – which place restrictions on the location of alcohol advertisements on outdoor sites such as billboards. 

3. The codes go either to the issue of the placement of alcohol marketing, the content of alcohol marketing or deal with both matters. The ABAC deals with both the placement of marketing i.e. where the marketing was located or the medium by which it was accessed and the content of the marketing irrespective of where the marketing was placed. The ABAC scheme requires alcohol beverage marketers to comply with placement requirements in other codes as well as meet the standards contained in the ABAC. 

4. For ease of public access, Ad Standards provides a common entry point for alcohol marketing complaints. Upon a complaint being received by the Ad Standards, a copy of the complaint is supplied to the Chief Adjudicator of the ABAC. 

5. The complaint is independently assessed by the Chief Adjudicator and Ad Standards and streamed into the complaint process that matches the nature of the issues raised in the complaint. On some occasions, a single complaint may lead to decisions by both the Ad Standards Community Panel under the AANA Code of Ethics and the ABAC Panel under the ABAC if issues under both Codes are raised. 

6. The complaint raises concerns under the ABAC Code and accordingly is within the Panel’s jurisdiction. 

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The Complaint Timeline 

7. The complaints were received on 25 October, 3 November and 12 November 2022. 

8. The Panel endeavours to determine complaints within 30 business days of receipt of the complaint, but this timeline depends on the timely receipt of materials and advice and the availability of Panel members to convene and decide the issue. The complaint was completed in this timeframe. 

Pre-vetting Clearance 

9. The quasi-regulatory system for alcohol beverage marketing features an independent examination of most proposed alcohol beverage marketing communications against the ABAC prior to publication or broadcast. Pre-vetting approval was not obtained for the content of the marketing (Approval Number 3767). 

The Marketing Communication 

10. The complaint relates to marketing by Jimmy Brings using stencils on footpaths: 

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The Complaints 

11. The complainants object to the marketing as follows: 

Complaint No  Concern 
89/22  The advertisement is clearly designed to evade marketing laws as it will eventually wash away and is temporary. However, it is almost certainly not legally approved advertising and is inappropriate and mischievous. 
95/22  I assume it’s illegal, it was destroying the natural environment, I felt forced to see it as I was walking, there were like 8 of them repeated in a row and for alcohol of all things is despicable. They should be prosecuted for criminal damages. 
102/22  They have vandalised the footpath outside my house without my permission, encouraging people to get alcohol home delivered. I had to explain to my six-year-old what it meant. I am a recovering alcoholic and I demand that this is removed.