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Public Notice
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Ottawa, 10 September 1985
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Public Notice CRTC 1985-209
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BROADCAST ADVERTISING OF ALCOHOLIC BEVERAGES
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History
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The advertising of alcoholic beverages over the airwaves has been regulated since the early days of broadcasting in response to societal concerns with regard to liquor, beer, wine and cider products.
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One of the first broadcasting regulatory authorities, the Canadian Radio Broadcasting Commission (1932-1936), prohibited such advertising in all provinces except Quebec, where legislation permitted beer and wine advertising.
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In 1946 the Canadian Broadcasting Corporation, which was then the regulatory authority, amended its regulations to make an exception in the case of any province that permitted beer and wine advertising.
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Many of the restrictions imposed on broadcast advertising of alcoholic beverages in the early days of television have since been removed. For instance, at one time no reference to a beer sponsor or its product was allowed except for a 12-second sponsorship mention. Moreover, beer bottles could not be shown.
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In, 1963, the Board of Broadcast Governors amended the regulations to permit commercial messages of up to sixty seconds in length.
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In 1968 the regulation and supervision of broadcasting in Canada was transferred to the CRTC. No amendments to the regulations have been made since 1971, when cider was added to the list of alcoholic products permitted to be advertised over the airwaves.
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The Current Regulations and Guidelines
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The current regulations prohibit the broadcast advertising of spirituous liquor, and restrict the broadcast advertising of beer, wine and cider to those provinces in which such advertising is permitted. (Only New Brunswick and Prince Edward Island generally prohibit such advertising).
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The broadcast of commercials designed to promote the general use of beer, wine and cider is prohibited by the Commission's current regulations. However, industry, institutional, public service and brand preference advertising is permitted subject to other provisions of the regulations. The regulations require all broadcast commercials for beer, wine and cider to be approved by a representative of the Commission.
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To assist in the application of the regulations, the Commission has developed a set of guidelines. For example, the guidelines stipulate that beer, wine and cider advertising may not attempt to influence non-drinkers to drink, be associated with youth or youth symbols, attempt to establish a particular product as a status symbol, or contain any endorsement by well-known personalities.
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Copies of the current regulations and guidelines are attached.
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Scripts and video descriptions of broadcast commercials are reviewed by an advisory committee (established in 1964), composed of representatives of the Commission, provincial liquor licensing agencies (normally Ontario and Quebec), and (since 1977) the Department of National Health and Welfare.
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In the past, breweries, wineries and cider houses and their advertising agencies, as well as broadcast licensees have co-operated with the Commission in observing the regulations and guidelines. Indeed, the Brewers Association of Canada's own "National Standards for Radio and Television Advertising" (a copy of which was provided to the Commission in 1982) is generally consistent with the Commission's guidelines.
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Review of Commission's Role
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In a review of its priorities in the context of budget cutbacks, the Commission early this year considered whether to maintain its regulatory role regarding alcoholic beverage advertising, inasmuch as such advertising is also regulated by the provinces and territories.
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A Commission representative met with the Canadian Association of Provincial Liquor Commissions at its semi-annual meeting in Quebec City in February 1985 to seek the views of provincial and territorial liquor agencies as to whether the CRTC should maintain its role in the regulation of beer, wine and cider advertising. Representatives of the provinces and territories were unanimous in requesting the Commission to continue the present process.
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Subsequently, the Minister of National Health and Welfare urged that the Commission continue to regulate this type of advertising.
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Endorsements by Well-Known Personalities
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Recently, one aspect of the Commission's guidelines, namely the prohibition against endorsements by well-known personalities in beer, wine and cider advertising, has been the subject of considerable media attention. That prohibition reflects a concern that well-known personalities may serve as role models, particularly for youth, and that such endorsements may encourage the general use of alcoholic products.
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In July of this year, the Commission wrote to the provincial and territorial liquor licensing agencies, to obtain their views on that prohibition. Some of them indicated that they prohibit the use of well-known personalities, or all broadcast advertising of beer, wine and cider products. Several recommended that the Commission continue to prohibit the use of well-known personalities.
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The Commission has also received letters from the Canadian Addictions Foundation and the Nova Scotia Commission on Drug Dependency, expressing support for the continued prohibition of the use of well-known personalities.
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Recently, la Brasserie O'Keefe Limitée proposed certain commercials for broadcast in the province of Quebec featuring sports personalities to promote the sale of one of its brands. The company argued that the proposed commercials are specifically permitted by the regulations on the basis that they constitute brand preference advertising and that the regulations do not expressly prohibit endorsements by well-known personalities.
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The Commission notes that the current regulations on beer, wine and cider advertising do not clearly prohibit endorsements by well-known personalities in all circumstances. After careful consideration the Commission has determined that those commercials in question which clearly constitute brand preference advertising are eligible for broadcast in the Province of Quebec. La Brasserie O'Keefe Limitée is being informed accordingly.
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Request for Further Comment
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The purpose of this Public Notice is to invite comments from broadcasters, breweries, wineries, cider houses, advertising agencies, drug and alcohol dependency agencies, health agencies and institutions and all other interested organizations and members of the general public, with respect to the Commission's regulation of the broadcast advertising of beer, wine and cider.
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Without wishing to limit the scope of the responses, the Commission specifically invites comments on the following questions:
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1. Should the Commission continue to regulate the broadcast advertising of alcoholic beverages, or should it leave this matter to provincial bodies?
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2. If such regulation is to be continued, in what ways, if any, should current legislation (i.e., statutes and regulations) or the Commission's current guidelines be changed?
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3. Should the Commission's existing policy against endorsements by well-known personalities be continued? If so, should it be transformed from simply a guide-line into a formal regulation?
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4. If the use of "well-known personalities" is to be prohibited, how best should the Commission define the term? What are the criteria that identify a well-know personality? When should an athlete or performer, e.g., become ineligible to appear in such broadcast advertising by virtue of his/her fame?
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5. Should the Commission's other guidelines respecting beer, wine and cider advertising be left as guidelines, or should any of them be incorporated as regulations? Should anyof them be made conditions of broadcast licences?
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Comments should be addressed, in writing, to the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario, K1A 0N2, and should be submitted no later than 28 October 1985.
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Fernand Bélisle Secretary General
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The following is extracted from CRTC broadcasting regulations:
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Section 18 Television Regulations Section 12 Radio (F.M.) Regulations Section 10 Radio (A.M.) Regulations
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Spirituous Liquors, Beer, Wine and Cider
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(1) Subject to subsection (2), no station or network operator shall broadcast any commercial message
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(a) advertising, directly or indirectly and spirituous liquor or any beer, wine or cider; or
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(b) sponsored by or on behalf of any person whose principal business is the manufacture or sale of spirituous liquor, beer, wine or cider.
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(2) Where in any province the advertising of beer, wine or cider is permitted, a commercial message sponsored by a brewery, winery or cider-house may be broadcast in that province subject to the following conditions:
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(a) the advertising shall not be designed to promote the general use of beer, wine or cider, but this prohibition shall not be construed so as to prevent industry, institutional, public service or brand preference advertising;
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(b) no commercial message shall exceed 60 seconds in duration;
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(c) no device and no commercial message, other than a commercial message allowed under this subsection, shall be used to advertise, directly or indirectly, the sponsor or his product; and
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(d) no commercial message shall be broadcast unless it is approved by a representative of the Commission prior to broadcast.
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(3) For the purpose of determining whether a commercial message may be broadcast in a province pursuant to subsection (2), "cider" means cider that is considered to be an alcoholic beverage by the law of the province relating to the advertising of cider.
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