LANGUAGE
Last updated: September 17th 2019

Regulated Forms of Advertising, Promotion and Sponsorship

Domestic TV and radio (including all broadcast media such as satellite and cable)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

The law prohibits the broadcast of tobacco advertising in Australia. Thus, tobacco advertising on domestic TV, radio, and other broadcast media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV and radio and on other domestic broadcast media such as cable and satellite.

Domestic newspapers and magazines

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

The law prohibits the publication of a tobacco advertisement, and the meaning of “publish a tobacco advertisement” set forth in the law specifically includes placing the advertisement in a newspaper or magazine.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic newspapers and magazines.

Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

The law prohibits the publication of tobacco advertising in any kind of print document, with the exception of print advertising inside the point of sale (POS). Because the point of sale exception is analyzed under a separate category, the regulatory status code of “Banned” is used here rather than “Some Restrictions.”

Therefore, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising in other domestic print media such as pamphlets, leaflets, flyers, posters and signs. However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all forms of printed tobacco advertisements including at point of sale.

International TV and radio (including all broadcast media such as satellite and cable)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

The law prohibits the broadcast of tobacco advertising in Australia or Norfolk Island. The definition of “broadcast” includes transmission by any means covered under the Broadcasting Services Act, which includes all radio and TV that “uses the radiofrequency spectrum, cable, optical fibre, satellite or any other means or a combination of those means.” The law applies to both domestic and cross-border TV, radio, and other broadcast media (e.g., satellite, cable) because it is the actual act of broadcasting in Australia, regardless of the place of origin, that is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via international TV and radio.

International newspapers and magazines

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
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Analysis:

The law permits tobacco advertising in periodicals printed outside Australia that are not principally intended for distribution or use in Australia. However, tobacco advertising would not be allowed in international publications principally intended for a foreign market. Therefore the regulatory status “Some Restrictions” is given.

Because the law restricts the importation of international newspapers and magazines that contain tobacco advertising, the law aligns with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.”

Internet communications

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
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Internet communications (not sales)

Analysis:

The law prohibits the publication of a tobacco advertisement. The meaning of “publishing a tobacco advertisement” specifically includes bringing the advertisement to the notice of the public “by means of the internet,” including making the advertisement remotely accessible by a computer, mobile phone, or other electronic device. However, the law permits internet advertisements for internet sites that sell tobacco products as long as such advertising is not prohibited under the laws of the State or Territory in which it is accessible.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via internet communications because it permits some forms of internet advertising. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising via internet communications, including advertising related to internet points of sale.

Internet tobacco product sales

Allowed
There is no ban and there are no restrictions whatsoever applicable.
Analysis:

The law does not prohibit the sale of tobacco products via internet websites; therefore, it is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of tobacco products via internet.

Outdoor advertising (e.g., billboards, posters)

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

The law prohibits the publication of tobacco advertising, which includes by definition display of an advertisement in a public place. Therefore, outdoor advertising of tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising.

Point of sale advertising/promotion

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
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Point of sale advertising/promotion (other than product displays)

Analysis:

Point of sale (POS) advertising falls within the jurisdiction of States and Territories. The Tobacco Advertising Products Act allows advertising at POS if the law of a State or Territory permits it, or if the law of a State or Territory does not address it. If no local law applies, the national regulations provide that POS must be wholly within the shop and not facing outside the shop through a window. Because several States and/or Territories prohibit POS advertising, the regulatory status is designated as “Some Restrictions.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the national law should prohibit all point of sale tobacco advertising or, alternatively, all States and Territories should do so.

Point of sale product display

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The Tobacco Advertising Prohibition Act does not prohibit tobacco product display at point of sale. However, the Australian Capital Territory, New South Wales, Queensland, Victoria, Western Australia, and Tasmania have all passed legislation prohibiting the display of tobacco products, with implementation due in phases between 2010 and 2013. Therefore, the regulatory status of product display is designated as “Some Restrictions” rather than “Allowed.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the national law should prohibit tobacco product display or, alternatively, all States and Territories should prohibit tobacco product display.

Vending machines

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
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Analysis:

The national law does not prohibit the sale of tobacco products from vending machines. Under the Tobacco Advertising Product Regulations, tobacco advertisements may be placed on vending machines provided they do not extend beyond the machine itself. However, some States and Territories have prohibited or restrict the placement of vending machines; therefore, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should prohibit vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.

Conventional mail

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

The law prohibits the publication of tobacco advertising, which includes by definition the publication in any document. Therefore, tobacco advertising and promotional material delivered through conventional mail is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via conventional mail.

Telephone and cellular phone

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

The law prohibits the publication of a tobacco advertisement. The meaning of “publishing a tobacco advertisement” includes bringing the advertisement to the notice of the public “by any means, (including, for example, by means of a film, video, computer disk or electronic medium).” As telephone and cellular phone are forms of electronic media, the law prohibits tobacco advertising and promotion via telephone and cellular phone.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion via telephone and cellular phone.

Brand marking on physical structures

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
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Distinctive words, designs, images, logos, sounds, or colors to promote tobacco products in entertainment venues, retail outlets, on vehicles and equipment, or other physical structures (brand marking on physical structures, other than on tobacco product packaging and labeling and print material)

Analysis:

Brand marking is prohibited except for within tobacco retail outlets. The definition of “advertising includes” anything that promotes words and/or designs that are closely associated with a tobacco product or range of tobacco products. The prohibition on “publishing a tobacco advertisement” includes supplying something that contains a tobacco advertisement to the public. These provisions together prohibit the use of designs, images, logos, or colors to promote tobacco products on venues, vehicles or the outside of retail outlets. Because the law allows point of sale advertising at retail outlets, the law is interpreted as allowing brand marking inside retail outlets.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the prohibition on brand marking should extend to retail shops.

Free distribution of tobacco products

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The national law does not address free distribution of tobacco products; therefore, it is allowed under national law. However, many States and Territories prohibit the free distribution of tobacco products; therefore, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and to meet FCTC Art. 16, the national law should prohibit the free distribution of tobacco products or, alternatively, all States and Territories should do so.

Promotions with a tobacco product purchase

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

Promotional discounts, gifts, prizes, rewards to consumers in conjunction with a tobacco product purchase (e.g., buy one pack, get one free or, key chains, t-shirts, coupons, points)

Analysis:

National law does not address the offering of promotional discounts, gifts, prizes, or other rewards to consumers in conjunction with a tobacco product purchase; therefore, it is allowed under national law. However, many States and Territories prohibit the promotional discounts, gifts, and prizes. Because this promotional practice is banned in many places, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the national law should prohibit these types of promotional practices and should provide a definition of “tobacco promotion” in order to clarify the scope of the ban. Alternatively, all States and Territories should prohibit these types of promotional practices.

Competitions associated with tobacco products

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not

Analysis:

A competition associated with tobacco products or brand names would be considered a publication of a tobacco advertisement under Secs. 9 and 10 of Tobacco Advertising Prohibition Act because it would display some tobacco product associated element. Only limited forms of written acknowledgment for contribution or support are permitted under the law and regulations, and such a competition would not comply. Therefore, competitions associated with tobacco products are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.

Direct person to person targeting of individuals

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

Direct targeting of individuals with promotional or informational materials is prohibited as this would violate the ban on publishing a tobacco advertisement. Specifically, a “tobacco advertisement” includes any advertisement with a visual or audible message, and therefore includes direct marketing by any person-to-person means. Further, “publishing a tobacco advertisement” includes bringing the advertisement to the attention of the public “by any means”. Thus, direct marketing is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct marketing.

Brand stretching/trademark diversification

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching)

Analysis:

Brand stretching is prohibited. The definition of advertising includes anything that promotes words and/or designs that are closely associated with a tobacco product or range of tobacco products. The prohibition on “publishing a tobacco advertisement” includes selling or supplying something that contains a tobacco advertisement to the public. These provisions together prohibit the use of designs, images, logos, or colors associated with tobacco products on non-tobacco products or services.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.

Reverse brand stretching or brand sharing

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing)

Analysis:

The national law does not address reverse brand stretching and, therefore, the national law is interpreted as allowing reverse brand stretching. However, some States and Territories have laws that prohibit promotional activity, which may include reverse brand stretching. Therefore, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the national law should prohibit all reverse brand stretching as part of the prohibition on advertising.

Toys that resemble tobacco products

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The national law does not address the sale of toys or candy that resemble tobacco products; therefore, it is allowed under national law. However, some States and Territories prohibit the sale of products that resemble tobacco products; therefore, the regulatory status “Some Restrictions” is given, rather than “Allowed.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the national law should prohibit the sale of toys and candy that resemble tobacco products or, alternatively, all States and Territories should prohibit the sale of toys and candy that resemble tobacco products.

Candy that resembles tobacco products

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
Analysis:

The national law does not address the sale of toys or candy that resemble tobacco products; therefore, it is allowed under national law. However, some States and Territories prohibit the sale of products that resemble tobacco products; therefore, the regulatory status “Some Restrictions” is given, rather than “Allowed.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the national law should prohibit the sale of toys and candy that resemble tobacco products or, alternatively, all States and Territories should prohibit the sale of toys and candy that resemble tobacco products.

Retailer incentive programs

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.

Retailer incentive programs (e.g., rewards to retailers for achieving certain sales volume, enhanced displays, etc.) or other payments to encourage them to sell tobacco products

Analysis:

The national law does not address retailer incentive programs; therefore, such programs are allowed under national law. However, many States and Territories have laws that prohibit promotional practices such as retailer incentive programs. Therefore, the regulatory status “Some Restrictions” is given, rather than “Allowed.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the national law should prohibit these types of promotional practices and should provide a definition of “tobacco promotion” in order to clarify the scope of the ban. Alternatively, all States and Territories should prohibit these types of promotional practices.

Paid placement of tobacco products in TV, film or other media

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Analysis:

Given the definition of “tobacco advertisement” and to “publish a tobacco advertisement,” the Tobacco Advertising Prohibition Act prohibits paid placement of tobacco products in TV, film, and other media. Specifically, the definition of “advertisement” includes any visual image or audible message that promotes smoking or a tobacco product. Publishing includes the advertisement in any film, video, or TV or radio program. Therefore, paid placement of tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, and other media.

Unpaid depiction of tobacco use or tobacco products in media that does not serve a legitimate purpose

Allowed
There is no ban and there are no restrictions whatsoever applicable.
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Unpaid depiction of tobacco use or tobacco products in TV, film or other media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary

Analysis:

Tobacco Advertising Prohibition Act (TAPA) Sec. 9 provides an exemption from the advertising ban for legitimate political discourse, as defined in the Act (Sec. 8).

Further, TAPA Sec. 19 allows “tobacco advertisements” that are an accidental or incidental accompaniment to a broadcast, for which there is no direct or indirect benefit (financial or otherwise). This provision permits unpaid depiction of tobacco products in TV, film, and other entertainment media.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32.

Tobacco industry sponsorship of events, activities, individuals, organizations or governments

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
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Financial or other sponsorship or support by the tobacco industry to events, activities, individuals or groups (e.g., groups involved in sports, the arts, politics, charitable or welfare, or other activities, or youth smoking prevention programs)

Analysis:

The national law permits financial support by the tobacco industry; however, some States and Territories have banned tobacco sponsorship itself, regardless of publicity. These sub-national bans override more lenient national laws.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the national law should prohibit financial or other contributions to any activity, individual, organization, or government that has the aim, effect, or likely effect of promoting tobacco products or tobacco use directly or indirectly. Alternatively, all State and Territory laws should do so.

Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned

Some Restrictions
There is not a complete ban on the listed form of tobacco advertising, promotion & sponsorship, but one or more limits on the form applies.
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Analysis:

The law allows the publication of an acknowledgement of assistance or support if it complies with regulations. The regulations impose strict conditions on any acknowledgement based on the media of acknowledgement (i.e., printed matter, video recording, oral acknowledgement). Among other provisions, written acknowledgement must not be on the front or back cover the printed matter, must be in the same typeface generally used in the printed matter, must appear in a list of sponsors, and include no logos or trademarks. Similarly, for videos, acknowledgment must be text only, at the end of the video, in the same typeface as the credits, within a list of sponsors, and include no logo or trademark. Some States and Territories have more stringent restrictions on publicity of sponsorship, which prevail over less stringent national law.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the national law should prohibit all tobacco sponsorship and publicity thereof. Alternatively, all State and Territory laws should do so.

Promotion by any means that are false, misleading or deceptive

Banned
The listed form of tobacco advertising, promotion & sponsorship is completely banned.
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Promotion by any means that are false, misleading or deceptive or likely to create an erroneous impression about a product's characteristics, health effects, hazards or emissions (covering any term, descriptor, trademark, emblem, marketing image, logo, color and figurative, or any other indicia)

Analysis:

The Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010, prohibits misleading and deceptive conduct and false or misleading representations about goods and services. This provision is not specific to tobacco but could be used to prohibit the use of misleading terms and other indicia on tobacco product packaging. In addition, there are court-enforceable agreements in place between the Australian Competition and Consumer Commission (ACCC) and the three main tobacco manufacturers in Australia under which they agreed to stop using misleading terms such as “'light” and “mild.” These agreements reference the former Trade Practices Act provisions for misleading or deceptive conduct or the making of false representations that are now largely mirrored in the ACL.

This law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading, or deceptive.