Addressing the harmful use of alcohol - WHO Western Pacific Region

8. Regulating alcohol marketing
which the public is exposed (World Health Organization 2004). A number of countries have
policy statements in place that recognize the importance of restricting exposure of young
people to alcohol marketing, although policy implementation methods are not always adequate.
Studies show that bans or partial bans on alcohol advertising, which influence early onset and
increased drinking by young people, can contribute to reducing alcohol-related harm (Babor
et al. 2010; Saffer and Dave 2002a, b).
In 1996 China passed regulations on the content of alcohol advertisements and their frequency
in various media. In 1998 the government banned alcohol advertising from television. In 2009
Cambodian state television stopped advertising alcohol in response to a public petition, but no
regulation prevents ads on commercial television. Mongolia prohibits promotional activities,
including lucky draws and branded merchandise and also alcohol sponsorship of sport and
cultural activities.
Restricting the amount of alcohol advertising and other marketing is contrary to the commercial
interests of the alcohol, advertising and media industries and the pressures of competition.
Restricting and monitoring the promotion of alcohol is appropriately the responsibility of
governments and government agencies.
Industry promotion of the use of voluntary codes on the content of alcohol advertising (known
as self-regulation) has led to the mistaken perception in some countries that there is an
international convention or agreement around alcohol marketing. This belief is incorrect.
The strongest model for regulating alcohol marketing is likely to be one in which government
establishes a regulatory framework to reduce exposure and monitor all forms of marketing
and the relevant industries develop and implement detailed codes of conduct on how they
market their products within this framework.
Issues to consider
Freedom of commercial speech
It is often argued by industry that restrictions on alcohol advertising are contrary to rights of
freedom of speech and a country’s Bill of Rights or Constitution. This argument overstates the
limited protection given to commercial speech in most countries. The rights and freedoms
typically provided by Bills of Rights and Constitutions are usually subject to a limitation on
the right such as the ability to limit the right through reasonable limits prescribed by law as
can be demonstrably justified in a free and democratic society (New Zealand Bill of Rights)
and protect the rights and freedoms of others or in the interests of public safety and order, or
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