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A Bill for an Act to amend the Broadcasting Services Act 1992 to encourage healthier eating habits among children by restricting the broadcasting of advertisements for junk food, and for related purposes
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Registered 22 Nov 2011
Introduced Senate 21 Nov 2011
Table of contents.

 

2010‑2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Protecting Children from Junk Food Advertising (Broadcasting and Telecommunications Amendment) Bill 2011

 

No.      , 2011

 

(Senators Bob Brown and Di Natale)

 

 

A Bill for an Act to amend the Broadcasting Services Act 1992 to encourage healthier eating habits among children by restricting the broadcasting of advertisements for junk food, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 2

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendment of the Broadcasting Services Act 1992           3

 


A Bill for an Act to amend the Broadcasting Services Act 1992 to encourage healthier eating habits among children by restricting the broadcasting of advertisements for junk food, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Protecting Children from Junk Food Advertising (Broadcasting and Telecommunications Amendment) Act 2011.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendment of the Broadcasting Services Act 1992

  

1  After section 122

Insert:

122A  Restrictions on advertising of unhealthy foods

             (1)  A person must not broadcast an unhealthy food advertisement that is directed to children.

             (2)  A commercial broadcasting television licensee must not broadcast an unhealthy food advertisement:

                     (a)  subject to paragraph (b), between 6 am and 9 am and between 4 pm and 9 pm, on a day that falls between Monday to Friday inclusive; and

                     (b)  between 6 am and 12 pm and between 4 pm and 9 pm, on Saturday, Sunday or a public holiday that falls between Monday and Friday inclusive.

             (3)  A subscription broadcasting television licensee must not broadcast an unhealthy food advertisement on a subscription broadcasting service that is primarily intended for or watched by children.

             (4)  A person must not upload, or cause, permit or authorise the uploading of, material on the internet that constitutes or contains an unhealthy food advertisement that is directed to children.

             (5)  A person must not send, or cause, permit or authorise the sending of, a commercial electronic message that constitutes or contains an unhealthy food advertisement to another person, if the first person knows, has reason to suspect, or reasonably should have known, that the other person is a child.

             (6)  In this section:

broadcast means transmit by means of a broadcasting service.

child means a person under the age of 16 years.

commercial electronic message has the meaning given in the Spam Act 2003.

directed to children has the meaning given in Schedule 8.

food brand means:

                     (a)  a person, business or company that manufactures, distributes or sells one or more unhealthy foods; or

                     (b)  the whole or a part of a trade mark that is registered under the Trade Marks Act 1995 in respect of one or more unhealthy foods; or

                     (c)  the whole or a part of a design that is registered under the Designs Act 2003 in respect of one or more unhealthy foods; or

                     (d)  any other words (including brand names) or designs, or combinations of words and designs, that are closely associated with one or more unhealthy foods.

healthy food means a food or beverage product that complies with nutrient profile criteria prescribed in regulations made for the purposes of this definition.

unhealthy food means a food or beverage, or any product containing a food or beverage, that does not comply with nutrient profile criteria prescribed in regulations made for the purposes of this definition.

unhealthy food advertisement means any writing, still or moving picture, sign, symbol or other visual image, or audio message, or any combination of these media, that publicises or promotes, or is intended to publicise or promote:

                     (a)  one or more unhealthy foods; or

                     (b)  a food brand;

unless the primary purpose of the advertisement is to publicise or otherwise promote one or more healthy foods.

             (7)  The Minister must take all reasonable steps to ensure that regulations for the purposes of the definitions of healthy food and unhealthy food in subsection (6) are made within 6 months of the commencement of this section.

             (8)  For the purposes of subsection (4), a person does not upload, or cause, permit or authorise the uploading of, material on the internet merely because the person supplies an internet carriage service that enables the material to be uploaded.

             (9)  For the purposes of subsection (5), a person does not send, or cause, permit or authorise the sending of, a commercial electronic message merely because the person supplies a carriage service that enables the message to be sent.

           (10)  Subsections (1), (2) and (3) do not prevent the broadcasting of community service announcements about unhealthy foods.

           (11)  Subsections (1), (2) and (3) do not apply to a person broadcasting an unhealthy food advertisement that is directed to children if:

                     (a)  broadcasting the advertisement is an accidental or incidental accompaniment to the broadcasting of other material; and

                     (b)  broadcasting the advertisement could not reasonably have been prevented or avoided; and

                     (c)  the person does not receive any direct or indirect benefit (whether financial or not) from broadcasting the advertisement (in addition to any direct or indirect benefit that the person receives for broadcasting the other material).

           (12)  Subsections (1), (2) and (3) do not apply to a person broadcasting an unhealthy food advertisement that is directed to children if:

                     (a)  the advertisement is broadcast for historical interest, or for the purpose of documentary or educational analysis or research; and

                     (b)  the person does not receive any direct or indirect benefit (whether financial or not) from broadcasting the advertisement.

2  At the end of subclause 7(1) of Schedule 2

Add:

                    ; (s)  the licensee will comply with the requirements set out in section 122A (which deals with the advertising of unhealthy foods).

3  At the end of the Act

Add:

Schedule 8—Meaning of directed to children

Note:       See section 122A.

 

1  Meaning of directed to children

             (1)  An advertisement is directed to children if the advertisement is:

                     (a)  likely to appeal to children; and

                     (b)  broadcast during, or immediately before or after, a program or segment that is likely to appeal to children or for which the broadcast audience is likely to consist of a significant number or proportion of children; or

                     (c)  uploaded on or linked directly to a website or webpage for which the audience is likely to consist of a significant number or proportion of children.

             (2)  In considering whether an advertisement is likely to appeal to children, factors that may be taken into account include but are not limited to:

                     (a)  the product advertised;

                     (b)  the themes, content, presentation and design of the advertisement;

                     (c)  the apparent age of any people or characters appearing in the advertisement;

                     (d)  the likely appeal to children of any images, graphics, language, sounds, music, objects, animals, personalities, characters, activities, games or sport in the advertisement;

                     (e)  the likely appeal to children of any competitions, prizes, promotional items or premiums promoted in the advertisement.

             (3)  In considering whether a program or segment is likely to appeal to children, factors that may be taken into account include but are not limited to:

                     (a)  the themes, content, presentation and design of the program or segment;

                     (b)  the apparent age of any people or characters appearing in the program or segment;

                     (c)  the likely appeal to children of any images, graphics, language, sounds, music, objects, animals, personalities, characters, activities, games or sport in the program or segment.

             (4)  In considering whether a website or webpage is likely to appeal to children, factors that may be taken into account include but are not limited to:

                     (a)  the themes, content, presentation and design of the website or webpage;

                     (b)  the likely appeal to children of any images, graphics, language, sounds, music, objects, animals, personalities, characters, activities, games or sport on the website or webpage;

                     (c)  the likely appeal to children of any competitions, prizes, promotional items or premiums promoted on the website or webpage.