Search

To the detriment of liberal democracy, governments have struggled to prevent the exploitation of personal data for voter manipulation in the digital era. Laws pertaining to political microtargeting are often piecemeal and tend to derive from a combination of laws on electoral advertising and privacy. Evidence indicates that this approach is insufficient to curtail microtargeting. However, little is known about the regulation of microtargeting outside of the European and US contexts within which the bulk of anti‐microtargeting research has been undertaken. Accordingly, this paper aims to shed light on the preparedness of the law in Australia and New Zealand to mitigate the potential harms of political microtargeting. A comparative analysis of legislation pertaining to microtargeting is therefore undertaken using a blended approach of comparative law and content analysis. This paper: (1) identifies current legislation relevant to microtargeting in Australia and New Zealand; (2) assesses patterns of similarity and difference between each country's laws in relation to microtargeting; and (3) evaluates the preparedness of current legislation to curtail microtargeting in an evolving social media landscape. It finds that in both countries, legislation is sufficiently robust to mitigate microtargeting in some limited circumstances, but a cohesive regulatory approach is needed to constrain the most insidious microtargeting operations. [ABSTRACT FROM AUTHOR]

Objective: The personal importation scheme is a legislative mechanism that allows health consumers to import unapproved medicines under certain conditions. This article analyses the legal and policy basis for the scheme and considers how reforms to advertising laws for therapeutic goods may restrict communications about it. The article represents the first published analysis of the personal importation scheme's interaction with the communications of health professionals and buyer's clubs. It considers how these communications may be affected by legal amendments, particularly where unapproved medicines may be accessed through the scheme. Methods: An examination of Australian therapeutic goods law concerning the personal importation scheme was conducted, including both the historical law and recent regulatory reforms. Illustrative tables were prepared to identify scheme-related advertising that may contravene therapeutic goods law. Risk estimates were allocated to several new legal rules to indicate whether health professionals or buyer's clubs would contravene these laws when promoting the scheme to health consumers for unapproved medicines. Results: Representations made directly to the public by health practitioners or on buyer's clubs websites about accessing unapproved therapeutic goods through the personal importation scheme are likely to contravene one or more advertising laws. Conclusions: The Therapeutic Goods Administration has very strong powers to initiate compliance or enforcement action for advertising breaches in Australia for many promotional practices. Arguably, in the age of the internet and in the context of emerging expensive medicines, these powers should not be used to restrict health practitioners or buyer's clubs from sharing information about the lawful personal importation scheme to health consumers in need. Nevertheless, the study finds that health practitioners who promote or refer to the availability of unapproved medicines through the personal importation scheme outside of a consultation are likely to contravene the law and may be subject to disciplinary or enforcement action. What is known about the topic?. The personal importation scheme has not been studied extensively. This paper investigates whether recent updates to the advertising laws will affect the operation of the personal importation scheme and health practitioners' ability to refer to it in public. What does this paper add? This paper represents the first ever analysis of the way in which the personal importation scheme interacts with health practitioners' statements, buyer's clubs, and the internet. What are the implications for practitioners ? The study finds that health practitioners who promote the availability of unapproved medicines through the personal importation scheme outside professional consultations are likely to be liable to enforcement action from the Therapeutic Goods Administration. [ABSTRACT FROM AUTHOR]

As the most visible element of the marketing communications mix, advertising has had its critics and, given the choice, developed countries usually select a self-regulatory approach to deal with unacceptable advertising. The recent breakdown of one of the world's longest established advertising self-regulatory programs in Australia has reopened the debate that has taken place in the leading academic and business journals concerned with enhancing understanding of such regulatory systems. This paper focuses on the role of public awareness in assisting the industry and regulators concerned with advertising self-regulation to eliminate undesirable features of such systems in the future. The empirical work succeeds in making both a practical and theoretical contribution to this important area. [ABSTRACT FROM AUTHOR]

Purpose - This paper aims to understand the motivational factors that influence the purchase of mobile phone content among young Australians. Design/methodology/approach - An interpretive qualitative analysis of focus group data is used to explore the topic. Focus group participants were strategically selected from a larger sample to be representative on a broad range of demographic variables. Findings - There is considerable negativity associated with spending money on mobile content owing to the following factors: The mobile phone is perceived primarily as a communication tool. Money spent on the mobile phone for uses not related to communication is often perceived as wasted. The mobile phone is seen as an inferior channel for entertainment and information when compared to television, magazines, and the internet. Consumers are wary of deceptive advertising practices for mobile content. Many consumers are able to access "free" content. Research limitations/implications - Future research should focus on comparisons to consumers in other countries and on the relative pervasiveness of the factors identified in this study in the general population. Practical implications - Considerable negativity towards spending money on content suggests problems with revenue models relying on direct sales of content. However, "free" content is often perceived very positively. Advertiser-sponsored models and branded "value add" models may prove to be effective ways of leveraging this positive sentiment. Originality/value - The paper provides a unique examination of the link between perceptions of mobile content and the perceived role of the mobile phone in everyday life, and draws important conclusions regarding the implementation of successful revenue models. The conclusions reached are likely to be of interest to mobile application developers, content aggregators, content owners, and mobile telecommunication companies. [ABSTRACT FROM AUTHOR]

Abstract: Childhood obesity is widely constructed as reaching epidemic proportions with consumption of fast food viewed as a contributing factor. This paper analyses media reporting of the regulation of fast food consumption to children. A media search of five Australian newspapers for the period January 2006 to June 2008 elicited 100 articles relating to the regulation of fast food advertising to children. Content and thematic analysis of the articles reveal conflicting perspectives on the role of the state; the level of accountability of the food and advertising industries; and responsibilities of parents for regulating fast food consumption in children. The Federal Government, food and advertising industries and free to air broadcasters favour industry self-regulation and personal responsibility for fast food consumption while the proponents of government regulation include consumer groups, state government health ministers, nutrition and public health academics and medical and health foundations. The regulation of fast food advertising to children is discussed in relation to ideas about governance and the public health strategies which follow from these ideas. The paper argues that all proposed solutions are indicative of a neoliberal approach to the governance of health insofar as the responsibility for regulation of food marketing is viewed as lying with industry and the regulation of lifestyle risk is viewed as an individual responsibility. [Copyright &y& Elsevier]

The article presents a study on the history of efforts of Australian tobacco industry to resist, dilute, and delay health warnings on cigarettes. The study uses opportunistic website and systematic keyword searches of internal documents that were available through the Master Settlement Agreement. The study suggests that advocates of tobacco control should counter the arguments and strategies used by the tobacco industry if they want to raise awareness on the harmful effects of smoking. INSET: What this paper adds.

Aim: Regulation on food marketing to children is a recommended response to childhood obesity rates. Policy requires country‐relevant criteria to determine which foods are eligible to be advertised. This study aims to compare six nutrition profiling models for use in food marketing regulation in Australia. Methods: Advertisements on the outside of buses in five suburban Sydney transport hubs were photographed. Food and beverages advertised were analysed using the Health Star Rating; three models developed for food marketing regulation: the Australian Health Council guide and two World Health Organization models; the NOVA system; and the Nutrient Profiling Scoring Criterion used in Australian advertising industry codes. The proportion and types of products advertised on the buses that would be permitted by each of the six models were then analysed. Results: A total of 603 advertisements were identified. Of those, over a quarter of the advertisements were for foods and beverages (n = 157, 26%) and 2.3% (n = 14) for alcohol. Among the food and non‐alcoholic beverage advertisements, 84% were for unhealthy foods according to the Health Council guide. The Health Council guide would permit 31% unique foods to be advertised. The NOVA system would permit the least proportion of foods to be advertised (16%), while the Health Star Rating (40%), and Nutrient Profiling Scoring Criterion (38%) would permit the most. Conclusion: The Australian Health Council guide is the recommended model for food marketing regulation because it aligns with dietary guidelines by excluding discretionary foods from advertising. Australian governments can use the Health Council guide to develop policy in the National Obesity Strategy to protect children from marketing of unhealthy food. [ABSTRACT FROM AUTHOR]

Australians are some of the highest consumers of gambling products in the world and, per capita, their resultant losses may also be among the highest. This article considers the Australian legal regulatory landscapes that govern both sports (including Esports) gambling and, specifically, the advertising of sports gambling products. Although gambling in Australia is highly regulated, this article reveals significant gaps that create opportunities for gambling service providers to target consumers of sport (especially young people) to market their products and further embed gambling into sports culture. Ultimately, the article offers policy-based legal reforms to curb the enticement of young people into gambling. These reforms include introducing legislation banning the advertisement of gambling service providers: (1) on public roads, public transport and near schools; (2) after 8:30pm during breaks in live broadcast sporting events; (3) during highlights, replays or on-demand sporting events (including via internet streaming); and (4), via signage (including electronic signage), branding, or promotion as part of sponsoring a sporting event, club, or venue. In the light of the June 2023 Senate Committee Report on online gambling, the possibility of more wide-ranging reforms, including a ban on all advertisements of online gambling on sport, may even be achievable. That particular reform is one that we would support. [ABSTRACT FROM AUTHOR]

Online behavioural advertising (OBA) comes to consumers at a price. Often unknowingly, people deliver up commercially-valuable personal information as a condition of online user experience, functionality and access. Websites are increasingly tracking user behaviours for commercial purposes and social media derives its income largely from data collection and advertising targeted to the personal disclosures and behavioural attributes which are its data-production mainstay. In this context, consumers face a plethora of information collection practices, all designed to generate data analytics including inferential and predictive profiling to create a ‘digital identity’ for OBA purposes. In this subterranean exchange, consumers are economically redefined as data subjects and advertising targets; a reframing which is perhaps why the OBA industry faces a crisis in consumer concern, both as to privacy and trust. This paper proposes that the regulatory control of OBA in Australia is in disarray. Consumer ignorance of online privacy management and OBA practices is demonstrable. Industry transparency, disclosure, consent processes and compliance practices are questionable. Regulator interest is minimal, industry self-regulation is weak and consumer technical ability and personal responsibility is a last fragile line of defence. Data breaches are ubiquitous in a crowded and poorly-audited supply chain, and entail significant adverse consumer consequences. Yet despite these serious concerns, Australian regulators are failing to respond to OBA issues, either through mandating greater industry disclosure or through regulatory action. The author seeks to expose these weaknesses in calling for consumer and privacy regulators to take more meaningful action to better protect consumers' interests online. [ABSTRACT FROM AUTHOR]

BACKGROUND: China currently does not have comprehensive laws or regulations on tobacco advertising and promotion, although it ratified the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) in October 2005 and promised to ban all tobacco advertising by January 2011. Much effort is needed to monitor the current situation of tobacco advertising and promotion in China. OBJECTIVE: This study aims to examine levels of awareness of tobacco advertising and promotion among smokers in China as compared to other countries with different levels of restrictions. METHODS: One developing country (Thailand) and two developed countries (Australia and the USA) were selected for comparison. All four countries are part of the International Tobacco Control (ITC) Policy Evaluation Survey project. Between 2005 and 2006, parallel ITC surveys were conducted among adult smokers (at least smoked weekly) in China (n = 4763), Thailand (n = 2000), Australia (n = 1767) and the USA (n = 1780). Unprompted and prompted recall of noticing tobacco advertising and promotion were measured. RESULTS: Chinese respondents reported noticing tobacco advertisements in a range of channels and venues, with highest exposure levels on television (34.5%), billboards (33.4%) and in stores (29.2%). A quarter of respondents noticed tobacco sponsorships, and a high level of awareness of promotion was reported. Cross-country comparison reveals that overall reported awareness was significantly higher in China than in Thailand (particularly) and Australia, but lower than in the USA. CONCLUSIONS: There is a big gap between China and the better-performing countries such as Thailand and Australia regarding tobacco promotion restrictions. China needs to do more, including enhanced policy and more robust enforcement. [ABSTRACT FROM AUTHOR]

Objective. To assess the effects of Australian complementary medicines advertising policy after major changes in 2018. These included a legally enforceable advertising code, stronger investigative and compliance powers for the Therapeutic Goods Administration (TGA) and enhanced educational resources for industry. Methods. Analysis of the TGAcomplaint outcome database from 1 July 2018 to 30 June 2019 and the new regulatory measures. Results. Of 1821 complaint records analysed, 92% were classified as low priority and closed by sending the advertiser a Regulatory Obligation letter. For low priority complaints, no details of the product, advertiser or alleged Code violation were published, and no follow-up was undertaken. Of 121 higher priority complaints, 79% failed to meet their key performance indicator (KPI) time to closure (60-90 days). These included complaints about dangerous sports supplements and ineffective weight loss and hangover products, some of which had been submitted in July 2018. Conclusions. Complaint classification and actions taken by the TGA were inconsistent. The TGA's new compliance powers were rarely applied. The new complaint system is less transparent than the one it replaced. There is a high rate of advertising complaints and a low rate of effective regulatory response. Time-based KPIs should be based on outcome measures, not when a case is closed by a process measure. An urgent review of the new system is required. Comment on Australia's 2018 Royal Commission into Misconduct in Banking is equally applicable to the TGA: 'Essentially a failure to enforce the law undermines the authority of the regulator whose fundamental responsibility is to do just that.' It also encourages others to break the law, leading to a race to the bottom and consumer detriment. [ABSTRACT FROM AUTHOR]

Objective. This study assessed the effects of complementary medicines advertising policy before major changes in 2018. Methods. The study consisted of an analysis of Complaints Resolution Panel determinations from 1999 to 2018, Therapeutic Goods Administration (TGA) post-marketing surveillance data of listed products from 2014 to 2018 and a 2018 consumer survey. Results. Over 1999-2018, one company, Pharmacare Laboratories (with its acquisition, Cat Media), repeatedly breached the Therapeutic Goods Advertising Code at a level threefold higher than that of any other company. Determinations of the Panel were ineffective at reducing code breaches. When the Panel referred problems to the TGA, usually no action resulted. Over 2014-18, on average there were 763 breaches of the Therapeutic Goods Advertising Code per year, most commonly because claims were misleading, unverifiable or exaggerated efficacy. Over the same period, TGA post-marketing surveillance reviewed, on average, 289 listed products each year; 77% were found to be noncompliant, primarily because of an inability to substantiate the claims made. Only 15% of 684 knowledgeable consumers surveyed agreed that complementary medicines were appropriately regulated. Conclusions. Numerous complementary medicines (and medical devices) that were extensively advertised failed to meet real health needs, diverted consumers from more evidence-based treatment and wasted their money. The laws to protect consumers were adequate: the problem was lack of enforcement. [ABSTRACT FROM AUTHOR]

Aims: To examine whether norms towards nicotine vaping product (NVP) use varied between Australia, Canada, England and the United States and by socio‐demographics, smoking and NVP status. Design Cross‐sectional data from the 2016 ITC Four Country Smoking and Vaping Survey. Setting: Four countries with distinct regulatory policies relating to the sale and advertising of NVPs: Australia (most restrictive), Canada (restrictive), England and the United States (least restrictive). Participants: A total of 10900 adult (age 18+) current smokers, former smokers, or at least weekly NVP users. Respondents were from Australia (n = 1366), Canada (n = 3309), England (n = 3835) and the United States (n = 2390). Measurements Questions permitted the categorization of respondents as current smokers, former smokers, NVP users and socio‐demographic categories (sex, age, country, ethnicity, income and education). Further questions were asked regarding the frequency of exposure to NVPs in public, whether they had a partner or close friends who vaped and whether they believed society or those considered important to them approved of NVPs. Findings Adjusting for relevant covariates, compared with Australian respondents, those in England, Canada and the United States were more likely to report frequent exposure to NVPs in public (83.1%, 57.3% and 48.3%, respectively, compared to 19.8% in Australia; P < 0.0001), having a partner who vaped (13.8%, 7.1% and 7.7%, respectively, compared to 2.1% in Australia; P < 0.0001) and having close friend(s) who vaped (31.7%, 25.3%, 20.9%, respectively, compared to 10.0% in Australia; P < 0.0001). Compared with Australian respondents, respondents from England were more likely to report that society (27.6% compared to 12.3% in Australia; P < 0.0001) and people important to them approved of NVP use (28.9% compared to 14.3% in Australia; P < 0.0001). Conclusions: Norms towards nicotine vaping product (NVP) use appear to vary among countries with different regulatory contexts regarding sales and advertising. [ABSTRACT FROM AUTHOR]

Introduction and Aims: Rules concerning the placement of alcohol advertisements (Placement Rules) were added to the industry-managed Alcohol Beverages Advertising Code Scheme in November 2017. This study aimed to critically review the Placement Rules and evaluate their ability to effectively regulate the placement of alcohol marketing and provide safeguards for young people in Australia.Design and Methods: An established framework for evaluating the design of an effective self-regulatory system was applied to the substantive content of the Placement Rules and associated regulatory processes. Publicly available documents, including recent Alcohol Beverages Advertising Code Scheme determinations, informed the review.Results: The objectives and key terms of the Placement Rules are inadequately defined and narrow in scope, resulting in the dismissal of almost all relevant complaints. Weaknesses identified in the regulatory processes include limited representation from external stakeholders in the development of the Placement Rules, a lack of transparency and independence in the Scheme's administration, and limited monitoring and enforcement options.Discussion and Conclusions: The Placement Rules are unlikely to reduce young people's exposure to alcohol marketing and hence fail to meet public health objectives. This review adds to the body of literature that demonstrates that industry-managed systems fail to effectively regulate alcohol marketing. Government intervention is needed if young people's wellbeing is to be prioritised. [ABSTRACT FROM AUTHOR]

Background: The National Law that regulates the dental and other health care professions in Australia sets out regulations that dictate how dental practices are to advertise. This study examines the extent to which the profession complies with these regulations and the potential impact that advertising may have upon professionalism.Methods: A Facebook search of 38 local government areas in Sydney, New South Wales, was carried out to identify dental practices that had pages on this social media site. A framework for assessment of compliance was developed using the regulatory guidelines and was used to conduct a netnographic review.Results: Two hundred and sixty-six practice pages were identified from across the 38 regions. Of these pages, 71.05% were in breach of the National Law in their use of testimonials, 5.26% displayed misleading or false information, 4.14% displayed offers that had no clear terms and conditions or had inexact pricing, 19.55% had pictures or text that was likely to create unrealistic expectations of treatment benefit and 16.92% encouraged the indiscriminate and unnecessary utilization of health services.Conclusions: This study found that compliance with the National Law by the Facebook pages surveyed was poor. [ABSTRACT FROM AUTHOR]

The article reports a study which examines the international and national lacunae in drug advertisements. The researchers seek the opinion of both physicians and patients regarding direct to consumer advertisement (DTCA) and direct to physician advertisement as part of marketing strategies for drug companies. The study recommends more stringent regulations in drug development and suggests that both the physicians and patients should be cautious on drug promotions.

In September 2012, the Australian Advertising Standards Bureau (ASB) made 'landmark decisions' relating to the use of Facebook by vodka brand Smirnoff and beer brand Victoria Bitter. The ASB determined that (i) a brand's Facebook page is a marketing communication tool, and (ii) all contents on the page fall under the industry's self-regulatory code of ethics, including consumer-created content such as user-generated comments and photos. The decisions come in response to a submission that the authors made regarding the Facebook pages of the two brands. These submissions were based on a research project that had monitored the use of Facebook by several Australian alcohol brands since the late 2010 to identify how these brands use social media as experiential social spaces to engage consumers in the co-creation of content. This article reviews the ruling by analysing the advertisers' response to the complaint, the regulators' justifications for the decisions, and the possibilities and limitations of regulating social media in general. It argues that although the ASB has acknowledged that brands are responsible for all contents on their Facebook pages, the regulators' approach is of limited effectiveness given the way Facebook allows brands to embed themselves in the mediation of everyday life. Copyright © 2013 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]

Aim: To evaluate the effect of restricting hours of sale for take-away alcohol, container sizes for beverages linked to risky consumption and advertising and promotion of certain high-strength beverages on community attitudes, consumption and proxy measures of related harm in a small remote community with high levels of problematic use. Methods: Community surveys were undertaken in the intervention community and an adjacent control community immediately prior to the introduction of the mandated restrictions and again 12 months later. Pre and post interviews were conducted with key informants in the intervention community at approximately the same times. Serial consumption and proxy harm data were collected from both intervention and control communities and changes measured over the period that voluntary and then mandatory restrictions were introduced. Findings: There was recognition of a substantial community alcohol problem. This was accompanied by good knowledge of, and support for, the nominated restrictions prior to their mandated introduction. Subsequently, there was little opposition to their ongoing operation. Consumption of the most problematic beverage, cask wine, has reduced. Proxy measures of alcohol harm: night-time hospital accident and emergency occasions of service; trauma-related ambulance call outs; and police-attended disturbances, also declined. Much of this change was associated with earlier, voluntary restrictions. Conclusions: The restrictions have had a beneficial effect, but most of this occurred prior to their mandated introduction. Continuing to mandate compliance is, however, important because it validates community action, crystallizes structural change and provides a basis for further local initiatives. [ABSTRACT FROM AUTHOR]

Analyzes the role of government, advertisers and agents and the industry complaints body on self regulatory system for advertisements in Australia. Connection between the accreditation system of advertising agents and the system of Codes of Practice rules; Implementation of self regulatory system; Role of Media Council on advertising.

Background: Society expects professionals to promote their businesses in an ethical manner, refraining from misleading or deceptive marketing due to the potential to harm members of the community. In Australia this expectation resides in the Australian registration board advertising guidelines or the Health Practitioner Regulation National Law. Registration board data indicate there are many health care professionals failing to meet these expectations. The aims of this research were to determine the frequency, type and nature of at-risk advertising by Australian chiropractors and physiotherapists and whether there is a correlation between professional association membership and advertising guideline compliance. Method: A cross sectional audit examining practitioner advertising was performed on representative samples of Australian chiropractors and physiotherapists. Two auditors examined advertising by 380 physiotherapists and 359 chiropractors for material potentially in breach of the regulatory authorities' advertising guidelines. The advertising appeared on practitioner websites and linked Facebook pages. Results: Two-hundred and fifty-eight (72%) audited chiropractors and 231 (61%) audited physiotherapists had breaches of the Advertising Guidelines on their websites and linked Facebook pages. The frequency of breaches by chiropractors was higher. The type and nature of the breaches by chiropractors was potentially more harmful. Membership in a professional association influenced neither the frequency nor the severity of breaches with chiropractors. Discussion: Advertising breaches were common in both samples even though regulators and professional associations provide practitioners with explicit information on how to comply with advertising guidelines. Breaches by chiropractors were more numerous and more serious due to their greater potential to lead consumers to make inappropriate and potentially harmful healthcare decisions. Stronger enforcement strategies may have a positive effect on compliance. [ABSTRACT FROM AUTHOR]