Seven cleared of breaking tobacco laws by airing product shots in news segment
Seven has been cleared of breaching tobacco advertising laws by broadcasting a news segment about cheap cigarettes, after the Federal Court today allowed its appeal, saying it “confirms the freedom of the media”.
The broadcaster had appealed the court decision in August last year which found Channel Seven Adelaide had broken broadcast laws by reporting Coles supermarkets were selling cheap imported cigarettes.
An earlier ruling by the Australian Communications and Media Authority (ACMA) determined the segment shown in July 2010 had constituted a “tobacco advertisement” and contravened the Tobacco Advertising Prohibition Act and the terms of Seven’s licence.
Seven appealed the decision on the grounds it was not providing positive publicity of the products and the images of tobacco were only broadcast as an “incidental accompaniment”.
Welcoming the ruling, Seven said the decision saying in a statement: “The decision of the full court confirms the freedom of the media to broadcast news stories of public importance such as tobacco related health issues where there is no intention to promote smoking or tobacco products in the broadcast.”
The ACMA has not yet commented on the ruling.
What I see of this appeal case is that the Federal Court underscored the difference between use of a product in an editorial context versus a “commercial” or “advertising” context. It can also have ramifications on other situations like use of photographic or video material in relation to copyright, property / model releases, privacy or similar issues.
Similarly, this appeal can be used to underscore whether a brand or product was used in a product placement advertisement or simple editorial matter especially wihen consumer-rights advocates raise concern about advertising of that product or its ilk.
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