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Public Notice
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Ottawa, 19 March 1986
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Public Notice CRTC 1986-68
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Revised Regulatory Approach Regarding the Broadcast Advertising of Alcoholic Beverages and Food and Drugs
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Related Documents: Public Notices CRTC 1985-209 dated 10 September 1985 and 1986-66 dated 19 March 1986.
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Spirituous Liquor, Beer, Wine and Cider
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In Public Notice CRTC 1985-209 dated 10 September 1985, the Commission invited public comment on whether it should maintain its regulatory role regarding the broadcast advertising on radio and television of alcoholic beverages. The Public Notice also pointed out a number of Commission concerns with respect to administering the regulations governing this type of advertising.
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Well over 300 submissions were received in response, the vast majority supporting regulation of the advertising of these products. The Commission is well aware of societal concerns about the widespread use of alcohol, and has determined that, in view of the strong expression of support for CRTC involvement, it will continue to regulate this type of broadcast advertising. At the same time, in line with the Commission's stated policy of moving toward a more supervisory approach, the Commission has concluded that its licensees must take upon themselves more responsibility and be more accountable for satisfying public concerns with respect to the advertising of alcoholic beverages.
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Section 4 of the proposed amendments to the Regulations Respecting Radio Broadcasting (Public Notice CRTC 1986-66 of today's date) would continue to place restrictions on alcoholic beverage advertising. The amendments would preserve the general principle that this type of advertising should not promote the general use of beer, wine and cider. The Commission will propose shortly similar amendments to the Television Broadcasting Regulations.
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Pre-clearance by the Commission would be discontinued. In this regard, the Commission notes that most of the provinces have a mechanism for pre-clearance of beer and wine advertising as part of their role in regulating the sale of alcoholic beverages. Furthermore, under the provisions of the Food and Drugs Act, the Department of Consumer and Corporate Affairs requires that beer, wine and cider commercials be subject to its review.
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The Canadian Association of Broadcasters (CAB) has also assured the Commission that it is prepared to establish, in collaboration with others, a set of standards in the form of a Code of Ethics that would complement the regulation now proposed. The Code should address the objectives envisaged in the existing guidelines (attached to Public Notice CRTC 1985-209) with respect to beer, wine and cider advertising. The Commission draws to the attention of interested parties a number of suggestions contained in the submissions received with a view to assessing whether and how these should be included in the Code. These suggestions would:
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- prohibit all advertisements that directly or indirectly associate motor vehicles or sports with alcoholic beverages;
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- restrict the content of advertisements to pure information;
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- limit the amount of time that any broadcast licensee can devote to the advertising of alcoholic beverages;
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- restrict the time of day during which such ads can be broadcast;
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- prohibit advertisements for alcoholic beverages during rock music shows and sports broadcasts;
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- require that educational (moderation/warning) messages be broadcast; and
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- restrict "lifestyle" advertising.
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The Commission expects the committee established under the leadership of the CAB to include as members not only broadcast licensees, including the Canadian Broadcasting Corporation, and representatives of the beer, wine, cider and advertising industries, but also appropriate and effective participation from federal and provincial departments or agencies, recognized health and social service organizations, relevant public interest groups and the general public.
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The Commission also poses the question whether adherence to such a Code should, like the Code for Advertising to Children, be a condition of the licence of each broadcaster, and whether for the proper administration of such a Code there should be a pre-clearance mechanism by an appropriate and representative body.
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The Commission will consider comments on the proposals set out in this Notice at a Public Hearing to be held in Hull at Phase IV, Place du Portage, beginning on 21 May 1986, and expects the Code to be submitted to it prior to that date.
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The Commission's enactment of the proposed amendments will depend upon the fulfillment of the concerns outlined in this Public Notice, both as to the Code itself and the participation in the organizing committee.
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Food, Drugs, Cosmetics and Medical Devices
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Section 5 of the proposed amendments to the Regulations Respecting Radio Broadcasting would remove the requirement that the CRTC review commercial continuities for products to which the Food and Drugs Act applies.
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The Commission's role in this process has diminished over the past few years to a point where its involve ment is currently that of an agent for the Departments of Consumer and Corporate Affairs (Food), and National Health and Welfare (Drugs, Cosmetics and Medical Devices). While simplifying the procedure for broadcasters, there would be no reduction in the protection provided to the public under these measures.
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The proposed regulation would assure the continuance of the requirement that commercial continuities be approved by the appropriate Departments. A similar regulatory approach with respect to the advertising on television of products to which the Food and Drug Act applies will also soon be proposed by the Commission.
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It should be noted that beer, wine and cider are considered " food" under the Food and Drugs Act, and continuity for these products must therefore continue to be submitted to the Department of Consumer and Corporate Affairs for approval and registration.
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The Commission invites comments from interested parties on the proposals as set out in this Notice and in Sections 4 and 5 of the proposed Regulations Respecting Radio Broadcasting, which are released today in Public Notice CRTC 1986-66. Comments should be submitted on or before 1 May 1986 to Fernand Bélisle, Secretary General, CRTC, Ottawa, Ontario K1A 0N2.
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Fernand Bélisle Secretary General
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