ARCHIVED -  Public Notice CRTC 1996-108

Public Notice

Ottawa, 1 August 1996

Public Notice CRTC 1996-108

NEW REGULATORY FRAMEWORK GOVERNING THE BROADCAST OF ALCOHOLIC BEVERAGE ADVERTISING

On 21 August 1995, the Commission issued Public Notice CRTC 1995-142 entitled "Call for Comments on Proposed Revisions to the Regulatory Framework Governing the Broadcast of Alcoholic Beverage Advertising". In the notice, the Commission announced its intention to make changes to the regulation of alcoholic beverage advertising in the broadcast media and called for comments on a number of related issues.

The Commission herein announces its new regulatory framework for the broadcast advertising of alcoholic beverages. As part of this framework, the Commission has established a revised and strengthened Code for Broadcast Advertising of Alcoholic Beverages (the Code), and has appended to it a new interpretation section. The Commission will continue to require, by regulation, that all advertising of alcoholic beverages conform to the Code.

The new framework also recognizes the familiarity and experience that the broadcasting industry has with the process involved in the pre-clearance of advertisements for alcoholic beverages. Accordingly, and consistent with the Commission's continuing efforts to promote a more self-regulatory regime for the broadcasting industry, the Commission considers that it is no longer necessary to involve itself in the pre-clearance process. Instead, the Commission encourages the industry to establish its own pre-clearance mechanism, as has been proposed by the Canadian Association of Broadcasters (CAB).

In this notice, the Commission also expresses the expectation that the broadcasting industry expand its efforts with respect to the provision of messages informing the public of the concerns surrounding the abuse of alcoholic beverages. This is in keeping with the responsibility that all broadcasters share to ensure the presence of balance in their programming. Under the new framework, the Commission will require the industry to report on its performance in this regard on an annual basis.

Further, the Commission herein proposes for public comment amendments to the radio, television and specialty services regulations that would, among other things, eliminate the current restrictions on who can sponsor advertisements for alcoholic beverages.

The Commission's new regulatory framework governing the broadcast of alcoholic beverage advertising would apply as of the date the proposed regulatory amendments come into force.

Background

On 12 June 1995, the Federal Court issued its decision on a challenge initiated by the Association of Canadian Distillers (ACD) of the validity of subsection 6(2) of the Television Broadcasting Regulations, 1987 (television regulations). The ACD's position was that this section of the regulations violated its freedom of expression, as guaranteed by the Canadian Charter of Rights and Freedoms (Charter). The Court declared subsection 6(2) of the television regulations to be of no force or effect as of 90 days of its judgment.

Since subsection 4(2) of the Radio Regulations, 1986 (radio regulations) and subsection 4(2) of the Specialty Services Regulations, 1990 (specialty services regulations) were identical to their counterparts in the television regulations, the Commission announced that it would make amendments to each, thereby eliminating the effective prohibition against advertising for spirits-based beverages containing more than 7% alcohol by volume, and rendering advertising for these products subject to the same regime as that applicable to beer, wine and cider. On 15 September 1995, the Commission adopted the amended regulations.

Currently, the three sets of regulations referred to above allow broadcast advertising of alcoholic beverages sponsored by brewers, wineries, cider-houses and distillers, provided that these sponsors are not prohibited from advertising by legislation of the province in which they are broadcast and subject to the following conditions:

·  the commercial messages for alcoholic products must not promote the general consumption of alcoholic beverages and must comply with the Code;

·  in addition, the script for each alcoholic beverage commercial must be approved by the Commission and bear a number assigned to it by the Commission.

General approach

Alcoholic beverage advertising has long been of public concern and, thus, has been regulated by the CRTC since its creation in 1968. In fact, notwithstanding the Charter's guarantee of freedom of expression, all but one of the submissions received by the Commission in response to its 1995 notice on the subject stated that at least some regulation of alcohol advertising is necessary to protect the public. The perception of many is that excessive alcohol consumption is a serious health and social issue because it is closely related to a multitude of negative physiological and social ills such as alcoholism, underage consumption, fetal alcohol syndrome, death and injury caused by drinking and driving and other alcohol-related problems.

Comments received by the Commission expressed concern that alcohol
advertisements tend only to depict the "good times". Drinkers of alcoholic beverages are usually portrayed as attractive, "sexy" people and in a context or setting that is generally perceived by young adults as "glamorous" or "cool". To counter this effect, many considered that radio listeners and television viewers should also be presented with information concerning the unhealthy and potentially dangerous aspects of drinking alcohol.

In addition to these considerations, there have been significant changes that have prompted the Commission to develop a new policy and regulatory framework for the broadcast of alcoholic beverage advertising. Specifically, while the broadcasting industry has matured and developed a number of self-regulatory codes and mechanisms to deal with a variety of societal concerns, the Commission, as all government agencies, has experienced significant financial restraint, decreasing the resources available to it.

In accordance with the Charter, the Commission has taken into consideration a variety of factors in formulating its new framework to achieve the objective of ensuring that alcoholic beverage advertising does not contribute to the negative health and societal effects relating to excessive or inappropriate alcohol consumption. Among other things, the Commission has considered the guarantee of freedom of expression, the public interest in a balanced presentation of views, the practical realities of fiscal restraint and budget reductions that face the Commission, as well as the maturity of the broadcasting industry in the area of self-regulation.

Public consultation and the new framework

In response to Public Notice CRTC 1995-142, the Commission received 233 written submissions from a broad representation of parties concerned with the issue. These included interest groups concerned with the effects of alcohol consumption, broadcasters, the alcoholic beverage industry, federal, provincial and municipal government representatives, as well as many individual citizens. The following is a brief synopsis of the comments received and an outline of the Commission's new policy and regulatory framework governing the broadcast advertising of alcoholic beverages.

·  Revised Code for Broadcast Advertising of Alcoholic Beverages

In its 1995 notice, the Commission proposed revisions to the Code to correct a number of discrepancies and shortcomings that had been noted through its use over the past decade. A new interpretation section was also proposed which, although it would not form part of the actual Code, would be used to interpret the Code.

For the most part, interveners agreed with the Code revisions and the interpretation section proposed by the Commission. Some minor additions and revisions were recommended. For example, more than one party suggested that "Hallowe'en characters" be added to the list of mythical characters in interpretation paragraph (b) that should not be depicted in alcohol ads. The Commission agrees, and has amended the interpretation section accordingly.

Some individuals expressed the view that each alcoholic beverage advertisement should contain a warning or announcement at the end. These parties argued that excessive alcohol consumption is as dangerous as smoking and, therefore, should be treated in the same way: the consumer should be warned of the dangers associated with abusive consumption.

Alcohol producers and broadcasters suggested that paragraph (q) of the Code, which disallows actual consumption of alcohol in commercials, is an outdated provision that no longer reflects the attitudes of today's society. They asked that this provision be removed from the Code.

The CAB proposed that the entire interpretation section be dropped because it believes that the terminology used in the new section is subjective and will reduce, rather than improve, clarity in assessing whether an advertisement meets the Code.

The Commission, however, considers that it would not be appropriate to adopt these suggestions.

In its submission, the CAB also recommended that Code clauses (l) and (m) should contain a public service announcement exemption so that broadcasters may show the dangerous effects of consuming alcohol prior to or during the operation of a vehicle or taking part in activities that may require skill or mental alertness. In the Commission's view, public service announcements are not prohibited from depicting the effects of alcohol consumption in such circumstances. The Commission notes that, by definition, public service announcements are not commercial messages and, as such, are not subject to the Code. Accordingly, the Commission does not consider it necessary to amend the Code or its interpretation to this end.

MediaWatch and the B.C. Ministry of Attorney General recommended that the Code should include guidelines on gender portrayal. The Commission notes that, although the Code does not contain guidelines for gender portrayal, broadcasters are required to ensure that all alcohol advertisements, like all other programming, adhere to the CAB's Sex-Role Portrayal Code for Television and Radio Programming or the CBC Guidelines on Sex-Role Portrayal.

Complete versions of the new Code and the newly-amended interpretation section are attached to this public notice as Appendices A and B, respectively. As noted above, the interpretation section will not form part of the Code, but will serve as an aid to better understand and interpret the Code. The Commission notes in this regard that the imperative language used in the interpretation clauses has been modified to reflect that these provisions are simply for interpretation purposes.

Given that current regulations make reference to the Code using the date of its acceptance by the Commission on 19 September 1986, the proposed regulations would reflect the date of the revised Code (see Appendix C). The proposed amendments to the regulations would require adherence to the Code, as revised and published today.

·  Pre-clearance of alcoholic beverage advertisements

In Public Notice CRTC 1995-142, the Commission called for comments on whether its regulation requiring advertisement pre-clearance would still be necessary if the Code were strengthened and improved.

The Commission also called for comments on a request put forward in a letter dated 5 July 1995 from the CAB that the Commission's pre-clearance function be transferred to the Canadian Advertising Foundation (CAF). For its part, the CAF indicated its consent to such a proposal in a letter to the Commission dated 6 July 1995. The Commission noted that such a transfer may be appropriate given that the pre-clearance process is well-established and is one that broadcasters and advertisers have become familiar with over the past ten years.

On the subject of pre-clearance, individuals, interest groups and government representatives were of the view that commercial pre-clearance and strict compliance with the Code should be maintained in order to protect the public. Many argued that, since the primary goal of the alcoholic beverage industry is to increase sales, the industry could not be relied upon to uphold the standards contained in the Code. Broadcasters did not believe that the pre-clearance process should be abandoned either. The CAB stated that, "given the high costs of commercial production and the issues of adherence to standards, it is far better to uncover any problems going in than after the fact".

On the other hand, representatives of the alcoholic beverage industry as well as the Minister responsible for the Alberta Gaming and Liquor Commission stated that pre-clearance of advertising is no longer necessary because the liquor industry is able to uphold liquor advertising guidelines through self-policing measures. The Brewers Association of Canada and the ACD,
however, indicated that their members would support the transfer of the pre-clearance function to the CAF.

The Broadcasting Act specifies that broadcasters have a responsibility for the programs they broadcast and for ensuring that they are of high standard. In addition, the radio, television and specialty services regulations require all alcoholic beverage advertisements to adhere to the Code. Thus, it is the responsibility of the broadcasters to ensure that their advertising for alcoholic beverages meets the provisions of the Code. The pre-clearance of alcohol advertisements is in the interest of the broadcaster and the advertiser: if an advertisement that is in contravention of the Code is broadcast, broadcasters who air it would be in breach of the regulations and the advertiser would have spent a large sum of money on the production of an advertisement that could not continue to be broadcast.

Hitherto, the CRTC has pre-cleared the scripts for alcohol advertising as a service to broadcasters to assist them in complying with the regulations. However, broadcasters and advertisers now have many years of experience working with the Code and with the pre-clearance process. In light of the foregoing, the Commission considers that it is no longer necessary for it to provide this service for the broadcasting industry.

Commencing on the effective date of the amended regulations as proposed, the Commission would no longer accept alcoholic beverage advertisement scripts for pre-clearance. Nonetheless, the Commission is of the view that pre-clearance of alcoholic beverage advertising is an effective mechanism to ensure that all provisions of the Code are met and, therefore, encourages broadcasters and advertisers to develop their own procedures for the pre-clearance of such advertising. The Commission notes the CAB's proposal, as well as the CAF's willingness to undertake the pre-clearance function. Further, the Commission notes the CAF's experience in the pre-clearance of broadcast commercials in the children's, cosmetic, food and non-alcoholic beverage categories. The Commission, therefore, encourages the broadcasting industry to proceed with its proposal to establish a pre-clearance mechanism for alcoholic beverage advertising.

Given that the radio, television and specialty services regulations currently require all alcoholic beverage advertising to be pre-cleared by the Commission, the Commission proposes to amend them to reflect this new policy. The proposed new regulations are attached to this notice in Appendix C. The Commission wishes to emphasize that, although the regulations would no longer require pre-clearance, they would continue to require compliance with the Code. Strict adherence to this Code would continue to be required and enforced.

·  Requirement for broadcasters to air educational messages

In its call for submissions, the Commission sought comments on a proposal to require broadcasters to air educational messages about the negative effects of excessive or inappropriate alcohol consumption.

Many individuals, government representatives and some interest groups agreed that the Commission should impose a requirement on broadcasters to air educational messages. These parties considered that, since alcohol commercials only depict drinking in an attractive and enjoyable context, there is a need for counter-balancing messages that warn of potential dangers or negative effects associated with alcohol consumption and abuse. In fact, in British Columbia, broadcasters allot a set amount of time for public service messages to balance the alcoholic beverage advertising that they broadcast.

Broadcasters, on the other hand, strongly opposed the introduction of any mandatory regime for the broadcast of educational messages, given broadcasters' current commitment to providing public service initiatives on alcohol abuse. The CAB pointed out that Canadian private broadcasters donate free public service announcement time to alcohol education issues representing between $12 million and $15 million in indirect expenditures each year. Instead of requirements to broadcast educational messages by way of regulation, the CAB proposed that the broadcast industry file with the Commission each year a report apprising the Commission of the broadcast industry's performance in the area of alcohol education.

Finally, representatives of the alcohol industry all stated that making broadcasting licensees responsible for airing educational messages on the subject of alcohol consumption would likely be done at the expense of the advertiser and ultimately at the expense of the industry's existing collaborative programs on responsible drinking. These parties stated that specifying a ratio of counter-advertising to brand advertising endangers the ability to reallocate funds to other types of programs that deal with alcohol consumption issues, but that are not necessarily best managed through an advertising program.

The Broadcasting Act requires that broadcasters, in their programming, afford the public a reasonable opportunity to be exposed to differing views on matters of public concern. The Commission considers alcohol consumption and abuse to be matters of public concern. Accordingly, if broadcasters choose to air alcohol advertising that depicts the positive aspects of alcohol consumption, they must ensure that this aspect of their programming is balanced.

The Commission considers that balance could be achieved by ensuring that educational messages are broadcast to inform viewers and listeners of the
harmful consequences of alcohol consumption. Although messages counseling responsible use, such as the "Don't Drink and Drive" campaign, are useful and necessary to protect the public, broadcasters must also ensure that they air educational messages that inform about the negative aspects of alcohol consumption, such as the negative effects of drinking to excess, or while pregnant, and the harmful effects of abusive consumption of alcohol on one's health and family, and on society in general.

The Commission notes comments submitted by broadcasters, alcohol producers and interest groups that to require specified amounts of educational messages would siphon funding from existing programming and community initiatives that address alcohol-related problems. The Commission is of the view that such a scenario would not be in the public interest and, therefore, does not intend to impose a regime for educational message requirements based on a percentage or ratio of alcoholic beverage advertising.

To assist the Commission in monitoring compliance by broadcasters with the requirement to balance alcoholic beverage advertising, the CAB is hereby directed to file, by 31 August 1997 and each year thereafter, separate reports on the educational broadcasting initiatives dealing with alcohol-related problems that have been undertaken by its members. Such annual reports must also be filed by the Canadian Broadcasting Corporation and either by each specialty service or by an organization representing them. Over-the-air broadcasters who are not members of the CAB must submit their own reports by the same 31 August deadline each year.

·  Treatment of no-claim advertising, sponsorship mentions and public service announcements

In Public Notice CRTC 1995-142, the Commission requested public comment about whether some types of advertising, such as no-claim advertisements, sponsorship mentions and public service announcements (PSAs), should still be required to undergo the pre-clearance process.

Since the Commission has determined that the revised regulations will no longer require pre-clearance, the proposal to exempt no-claim advertisements, sponsorship mentions and PSAs from the pre-clearance process is moot.

Nevertheless, the Commission wishes to remind broadcasters that all commercial messages, including no-claim advertisements and sponsorship mentions, must adhere to the provisions of the Code, by regulation.

·  Who can advertise

Finally, the Commission called for comments on proposals put forward by the CAB and the Alberta Minister of Municipal Affairs that the Commission lift current restrictions regarding who can sponsor alcoholic beverage advertising. Current regulations allow only brewers, wineries, cider-houses and distillers to advertise their products on radio and television.

Many individuals and special interest groups who commented on this issue stated that only alcoholic beverage producers should be allowed to advertise. Their main concern is that allowing advertising by others would result in an unacceptable increase in the overall amount of alcohol advertisement broadcast on radio and television.

Some parties, including government representatives, stated that anyone involved with the sale of alcoholic beverages should have the opportunity to advertise their products.

In response to concerns about an increase in the amount of alcoholic beverage advertising, the CAB noted that broadcasters already exercise considerable care in scheduling advertisements and are aware that any sudden increase in alcohol advertising volume will provoke a negative community response. The CAB, along with the ACD, added that to continue to restrict the class of advertisers might invite a legal challenge to the regulations, based on section 2(b) of the Charter.

The Association of Canadian Advertisers emphasized that it should be the right of all marketers of alcoholic products that are legally produced and sold to have equivalent access to all advertising media, as confirmed by the Federal Court's decision.

As mentioned above, current CRTC regulations prohibit the broadcast of commercial messages for an alcoholic beverage unless the sponsor of the message is a brewer, winery, cider-house or distiller.

The Commission considers it appropriate to eliminate the restriction on who may sponsor an alcoholic beverage advertisement and proposes to amend the radio, television and specialty services regulations to allow anyone involved in the sale of alcoholic beverages to advertise on radio and television (see Appendix C for proposed amendments to the regulations). Nonetheless, all alcoholic beverage advertisements, irrespective of who sponsors them, must adhere to the provisions specified in the Code.

Broadcasters are also reminded that all alcoholic beverage advertisements must continue to comply with the regulations that specify that commercial messages must not be designed to promote the general consumption of alcoholic beverages.

Call for comments on proposed amendments to the regulations

The Commission proposes to amend the radio, television and specialty services regulations to accord with the revised regulatory framework governing the broadcast of alcoholic beverage advertising, as described above.

The Commission calls for comments on the proposed amendments to the regulations as set out in Appendix C. Comments should be addressed to Allan J. Darling, Secretary General, CRTC, Ottawa, Ontario, K1A 0N2 and must be received no later than 1 October 1996. While receipt of submissions will not be acknowledged, they will be considered by the Commission and will form part of the public record of the proceeding.

Allan J. Darling
Secretary General

Please note that Appendix C is not attached to this Notice in DTR.

APPENDIX A

CODE FOR BROADCAST ADVERTISING OF ALCOHOLIC BEVERAGES

1 August 1996

Commercial messages for alcoholic beverages shall not:

(a) attempt to influence non-drinkers of any age to drink or to purchase alcoholic beverages;

(b) be directed at persons under the legal drinking age, associate any such product with youth or youth symbols, or portray persons under the legal drinking age or persons who could reasonably be mistaken for such persons in a context where any such product is being shown or promoted;

(c) portray the product in the context of, or in relation to, an activity attractive primarily to people under the legal drinking age;

(d) contain an endorsement of the product, personally or by implication, either directly or indirectly, by any person, character or group who is or is likely to be a role model for minors because of a past or present position of public trust, special achievement in any field of endeavour, association with charities and/or advocacy activities benefiting children, reputation or exposure in the mass media;

(e) attempt to establish the product as a status symbol, a necessity for the enjoyment of life or an escape from life's problems, or attempt to establish that consumption of the product should take precedence over other activities;

(f)  imply directly or indirectly that social acceptance, social status, personal success, or business or athletic achievement may be acquired, enhanced or reinforced through consumption of the product;

(g) imply directly or indirectly that the presence or consumption of alcohol is, in any way, essential to the enjoyment of an activity or an event;

(h) portray any such product, or its consumption, in an immod-erate way;

(i)  exaggerate the importance or effect of any aspect of the product or its packaging;

(j)  show or use language that suggests, in any way, product misuse or product dependency, compulsive behaviour, urgency of need or urgency of use;

(k) use imperative language to urge people to pur-chase or consume the product;

(l)  introduce the product in such a way or at such a time that it may be associated with the operation of any vehicle or conveyance requiring skill;

(m) introduce the product in such a way or at such a time as may associate the product with any activity requiring a significant degree of skill, care or mental alertness or involving an obvious element of danger;

(n) contain inducements to prefer an alcoholic beverage because of its higher alcohol content;

(o) refer to the feeling and effect caused by alcohol consumption or show or convey the impression, by behaviour or comportment, that the people depicted in the message are under the influence of alcohol;

(p) portray persons with any such product in situations in which the consumption of alcohol is prohibited; or

(q) contain scenes in which any such product is consumed, or that give the impression, visually or in sound, that it is being or has been con-sumed.

APPENDIX B

INTERPRETATION OF THE CODE FOR BROADCAST ADVERTISING OF ALCOHOLIC BEVERAGES

1 August 1996

The following provisions do not form part of the Code. They are intended solely to serve as guidelines for the interpretation of the Code, and should not be considered as exhaustive or comprehensive.

With reference to paragraph (a):

A message should not challenge or dare people to drink or to try a particu-lar alcoholic beverage.

In the event of a promotion, contest or premium offer, there should be at least one clearly stated option that permits participation without purchase of the product and without cost to the participants. It should also be stated that participation is limited to those who are of legal drinking age in the province where the message is to be aired. In television advertisements, in deference to members of the audience who may have impaired vision or hearing, such options and restrictions should be described both verbally and in writing. The written version of the message should be of such size, placement and duration as to be clearly visible.

With reference to paragraph (b):

The message should be overtly directed to persons who are of the legal drinking age in the province where the message is broadcast. No such message should depict, under any circumstances, children, children's toys, children's clothing, playground equipment, or wading pools. Objects that are commonly used by children, but not considered childish when used by adults (e.g. most sports equipment, Frisbees and colouring pencils) may be depicted in such messages. Mythical or fairy tale characters appealing to children, such as Santa Claus, the Tooth Fairy, the Easter Bunny or Hallowe'en characters and symbols, should not be depicted in such messages under any circumstance.

With reference to paragraph (c):

The product should not be portrayed in the context of, or in relation to, for example, a performance, event or activity where the audience or the participants are expected to be predominantly people under the legal drinking age or where the television or film audiences of the featured performer(s) consist predominantly of people under the legal drinking age.

With reference to paragraph (d):

Once established as a role model for minors, a person will be considered to remain a role model for a period of 10 years from the date of retirement from the activity.

With reference to paragraph (g):

Commercial messages should not suggest that the presence or consumption of alcohol may create or contribute to an apparent change in mood, atmosphere or environment, or that a social gathering, celebration or any other activity is, or would be, incomplete or unsatisfactory without the product. In the depiction of alcoholic beverages as part of a celebration, advertisements should not imply or suggest that the presence or consumption of the beverage, itself, is essential to the success of the activity.

It is acceptable to say that one alcoholic beverage is superior in some way to any or all other similar alcoholic beverages, but it is not acceptable to suggest or imply that it is superior to any or all foods or non-alcoholic beverages.

With reference to paragraph (h):

Under this provision, a message should not portray (i) an unrealistic or excessive number of cases or containers or any excessive volume of the product in a context where consumption may reasonably be expected to occur; or (ii) any quantity of containers or volume of the product in a context where the number of individual standard servings represented exceeds or may appear to exceed the number of individuals shown. This provision does not prohibit depiction of the manufacturing, warehousing, distribution or commercial storage of alcoholic beverages.

With reference to paragraph (l):

Introduction of the product will be deemed to have occurred upon the introduction of a flat label, jingle, musical signature, logo, brand name, character or other symbol commonly used to identify the product or its manufacturer. It is unacceptable to suggest or imply that the product is or should be consumed prior to or during operation of any vehicle or conveyance or the riding of an animal. It is acceptable to suggest or imply that consumption may occur after all operation depicted in the message has been clearly completed for the day. It is also acceptable to suggest or imply that consumption may occur (among passengers only) on an aircraft or vessel operated by a professional crew.

With reference to paragraph (m):

Introduction of the product will be deemed to have occurred upon the introduction of a flat label, jingle, musical signature, logo, brand name, character or other symbol commonly used to identify the product or its manufacturer. It is unacceptable to suggest or imply that the product is or should be consumed prior to or during any such activity. It is acceptable to introduce the product after all such activity depicted in the message has been clearly completed for the day.

APPENDIX C

JUS-96-367-01
(SOR/DORS)

REGULATIONS AMENDING THE RADIO REGULATIONS, 1986, THE TELEVISION BROADCASTING REGULATIONS, 1987 AND THE SPECIALTY SERVICES REGULATIONS, 1990

RADIO REGULATIONS, 1986

1. Section 4¹ of the Radio Regulations, 1986² is replaced by the following:

4. (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if

(a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;

(b) subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and

(c) the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on                        , 1996.

(2) Paragraph (1) (b) does not apply so as to prohibit industry, public service or brand preference advertising.

TELEVISION BROADCASTING REGULATIONS, 1987

2. Section 6³ of the Television Broadcating Regulations, 1987⁴ is replaced by the following:

6. (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if

(a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;

(b) subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and

(c) the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on _________, 1996.

(2) Paragraph (1) (b) does not apply so as to prohibit industry, public service or brand preference advertising.

SPECIALTY SERVICES REGULATIONS, 1990

3. Section 4⁵ of the Specialty Services Regulations, 1990⁵, is replaced by the following:

4. (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if

(a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;

(b) subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and

(c) the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on                              , 1996.

(2) Paragraph (1) (b) does not apply so as to prohibit industry, public service or brand preference advertising.

COMING INTO FORCE

4. These Regulations come into force on <                       >.

____________________
¹ SOR/95-451
² SOR/86-982
³ SOR/95-452
⁴ SOR/87-49
⁵ SOR/95-453
⁶ SOR/90-106

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JUS-96-367-01

EXPLANATORY NOTE
(This note is not part of the Regulations.)

These amendments, with respect to the broadcast of an advertisement for an alcoholic beverage by a licensee of a radio programming undertaking, a television programming undertaking or, a specialty programming undertaking,

(a) eliminate the restriction as to who may sponsor an advertisement for an alcoholic beverage;

(b) eliminate the requirement for pre-clearance by the Commission of the script for an advertisement for an alcoholic beverage; and

(c) incorporate a revised Code for Broadcast Advertising of Alcoholic Beverages.