★★★★★ 0/5

Seven loses court challenge against ACMA

Seven Network has lost an appeal over a 2012 finding by ACMA that a Seven News story had contravened the Tobacco Advertising Prohibition Act.

3
Leave a comment

2012-05-18_1207Seven Network has lost an appeal over a 2012 finding by ACMA that a Seven News story had contravened the Tobacco Advertising Prohibition Act.

The Federal Court today found in favour of the Australian Communications and Media Authority in the matter of Channel Seven Adelaide Pty Ltd v ACMA.

Last year the Australian Communications and Media Authority found that SAS Channel Seven Adelaide Pty Ltd breached its licence condition because its “Cheap Cigarette Imports” news story in July 2010 story identified imported tobacco products on sale in Coles supermarkets.

Yesterday Honour Mr Justice Yates upheld the ACMA ruling.

‘The ACMA welcomes this decision,’ said Acting ACMA Chairman, Richard Bean. ‘It provides an important reminder the legal prohibitions against the advertising of tobacco are very strict.

‘The law serves an important public health purpose and the ACMA will continue to be vigilant in this area.”

Seven challenged ACMA’s decision on several grounds but each was rejected by the Court.

Among other things, SAS7 contended it did not have the necessary intention to promote the sale of cigarettes. Justice Yates rejected this submission and accepted ACMA’s finding that if ‘\”a person means to broadcast material that gives publicity to or otherwise promotes or is intended to promote smoking…then the intention will be established.”

The Court dismissed SAS7’s application in its entirety and awarded the ACMA costs.

ACMA will now consider what remedial action to enforce.

3 Responses

  1. @Kenny
    Whilst I have very little faith in ACMA, eg, monitoring network advertising volumes that seems to have lasted as long as it is between add breaks within popular programmes, but in fairness to ACMA the 3 years you cite, included the original investigations and proceeding etc, then proceedings through the legal system feeding trough of Appeals.

  2. “ACMA will now consider what remedial action to enforce.”
    Will watch for something on this next year. Let me see – um – “retraining”, no “extensive retraining”.
    July 2010 – 3 years to get this far?

  3. Good. Lately channel 7 has, in general, been carrying on as if it were a law unto itself. They only begrudgingly provide EPG data (when they provide it at all), plus they very strongly editorialise their news, current affairs and talk shows, displaying a number of vested interests and agendas.

Leave a Reply