|Statutory Alcohol marketing regulations in Great Britain||Coverage|
|Communications Act 2003||TV and radio. However, this law provides a legal backstop for the self regulation codes in the UK, but does not contain provisions on alcohol marketing or alcohol advertising.|
|Statutory regulations per medium||Type of restrictions|
|Labelling information||Description||Legally binding or self-regulation|
|Health warnings:||Marketing communications must not encourage consumers to drink and drive. Marketing communications must, where relevant, include a prominent warning on the dangers of drinking and driving and must not suggest that the effects of drinking alcohol can be masked.||Self-regulation (Article 4.6 The CAP Code The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing)|
|Table 4 Non-statutory Alcohol marketing regulations in Great Britain||Coverage|
|The CAP Code:|
The UK Code of
|Cinema, sponsoring, internet/digital media, outdoor, print, promotional items, direct marketing|
|Portman Group Code of Practice on the Naming, Packaging, and Promotion of|
|Naming and packaging;
Sale activities and materials;
Websites, sponsorship, press releases, branded merchandise, advertorials and
Does not apply to any materials or activities whose purpose is solely and
clearly to educate under 18s about the use and misuse of alcohol.
Does not apply to any marketing covered under the ASA codes (below). Alcoholic beverages > 0.5% VOL.
Alcoholic ‘drinks’, even if they are classified as foodstuffs rather than drinks for the purposes of licensing or customs and excise legislation, or even if they appear to be solid or heavily textured, rather than liquid.
|Radio Advertising Standards Code BCAP||TV, radio. Advertising on all services licensed by Ofcom (spot advertisements,
promotions, sponsorship; etc..; does not cover product placement).
This Rule excludes promotion of radio stations’ own-branded activities, goods
and events (such as websites, T-shirts and concerts) which enhance listener
involvement and are not designed to make a profit or promote commercial
partnerships. Alcoholic beverages > 1.2% VOL.
The regulatory system for broadcast advertisements (i.e. TV and radio) changed radically in 2004 with the start of a 'co-regulatory' system, an agreement between Government (in the form of Ofcom) and a self-regulatory body (the ASA, which has been set up by the advertising industries). The agreement is reflected in a contract between the two parties, setting out the expectations for what the ASA is meant to achieve, and also noting where statutory accountability and sanctions apply. As will be seen in the detail of the regulations below, this allows for a certain degree of democratic oversight of the co-regulatory system, although this is much less direct than is generally the case in purely statutory systems.The two main broadcast codes are a product of this agreement, with the codes primarily being adaptations of the codes previously in operation. Noting concerns over alcohol however, Ofcom initiated a programme of consultation about changes to the alcohol codes, which was completed under the new co-regulatory system. Aside from meaning that the codes are very recent (and indeed only came into full force during the course of the ELSA project), the public debate around the consultation has also meant a high level of scrutiny of the text of the codes in recent years. Outside of the TV and radio restrictions in this co-regulatory system, the advertising regulations for other media are less developed. Both the Portman Group code and the Sales Promotion code count as more conventional self-regulation, and therefore have a lower level of accountability (e.g. they are not accountable to Parliament). Aside from the content of the regulations - which is less strict than the co-regulatory codes - there are also substantial differences in process between these codes and the broadcast codes that are embedded in law. The Portman Group code, for example, only allows appeals by the drinks producer, while the co-regulatory system has the 'Independent Reviewer of ASA Adjudications' available to both sides.
The following document contains an in depth overview of alcohol marketing regulations in Great Britain: alcohol-marketing-regulations-Great-Britain.pdf For even more (but older) information on alcohol marketing regulations in Great Britain, please take a look at Great Britain's appendix to the 2007 ELSA (Enforcement of national Laws and Self-regulation on advertising and marketing of Alcohol) report.