Addressing the harmful use of alcohol - WHO Western Pacific Region

Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation
In 2008 Thailand passed legislation that included a prohibition on advertising or display of
names or alcohol brands deemed to promote their qualities or to persuade people to drink
alcohol, either directly or indirectly. These restrictions do not apply to advertisements
broadcast from outside Thailand. However, the failure to exclude advertising with an element
of social good has led to widespread branded promotion of such things as sponsorship of
academic scholarships for young people.
France has the most comprehensive regulation on alcohol marketing, limiting both exposure
and content. Following a period of unregulated marketing of alcohol, a high level of community
and medical concern led to the adoption of the Loi Evin in 1991. It has also been applied in
the French territories of the Western Pacific Region. The law states that alcohol advertising
is authorized only in print media (other than for young people), on radio and on billboards or
signage and related to places of manufacture or sale and trade communications. That is,
alcohol advertising on television and in cinemas is not permitted. (Canadian legislation uses
a similar approach, prohibiting all alcohol advertising except that which is permitted.) The
French law specifically prohibits alcohol sponsorship and also the sale of alcohol in gyms and
other sports facilities. The combination of these provisions means there is no longer alcohol
signage on sports fields captured by televised sports coverage (and controversy arose over
trans-border sports broadcasting that transmitted alcohol advertising in this way).
The French law also restricts the content of advertising to product characteristics such as
provenance, quality, the “terroire” of wines, etc. This content is less attractive to young people
than image advertising based on attractive young adult lifestyles, humour or music. This law
has resulted in the language of advertising losing most of its seductive character. There has
been a complete disappearance of the drinker and drinking environments from the images, in
favour of highlighting of the product itself.
Global alcohol companies have considerable resources to spend on alcohol advertising; so to
ensure deterrence, the French law allows the court to impose an additional fine proportionate
to the amount spent on the offending alcohol advertising or sponsorship.
As noted, this law was upheld by French and European Union courts. The final judgement
of the European Court of Justice was that the ban constituted a restriction on the freedom
to provide services across the common market of the EU (including the Audiovisual Media
Services Directive) but that this was justified by the aim of protecting public health (ECJ
C-262/02, C-429/02). This ruling supporting restrictive policy on alcohol advertising is also in
line with exemptions under WTO trade agreements for measures protect human health.
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