- •Головні засади Aвстралійської Асоціації національних рекламодавців (The Australian Association of National Advertisers - aana)
- •Мета aana: Бути визнаним авторитетом в Австралії у сфері реклами, етики маркетингових комунікацій, досвіду та продуктивності . Завдання aana:
- •Цінності aana:
- •Нормативний огляд етичних кодексів Асоціації
- •Досягнення 2012 року
- •Медіа-звітності від aana Зниження витрат на телебачення
- •Великий авторитет у вимірюванні онлайн аудиторії та аудиту
- •Реалізація друкованих змі вимірюється збільшенням читацької аудиторії
- •Медіавимірювання і аудит телебачення
- •Відкриті вимірювання змі та аудиту
- •Регулювання реклами терапевтичних товарів в Австралії
- •Приклади заборонених реклам в Австралії
- •В Австралії заборонили вульгарну рекламу джинсів Calvin Klein
В Австралії заборонили вульгарну рекламу джинсів Calvin Klein
Австралійські чиновники заборонили на території «Зеленого континенту» плакати із нової рекламної кампанії джинсів від Calvin Klein. Вони вирішили, що фотографії, на яких модель Лара Стоун перебуває в оточенні красенів спонукає до насильства та зґвалтування.
В Австралії заборонили рекламу з напівоголеними моделями
Австралійське бюро рекламних стандартів (The Australian Advertising Standards Bureau) заборонило рекламу бренду молодіжного одягу Supre з зображенням моделей топлес, пише видання New Zealand Herald. Австралійців обурила реклама з напівоголеними моделями в одних легінсах, яка була розміщена на сайті Supre, а також на автобусах різних міст. На рекламу надійшли численні скарги, в яких вона називається зайво сексуальною і не призначеною для дітей. Представники Supre стверджували, що рекламна кампанія спрямована на молодь у віці від 18 до 35 років, проте в Бюро відзначили, що бренд є дуже популярним серед дівчаток-підлітків 11-13 років, крім того, багато дітей могли випадково побачити рекламу. Рекламна кампанія Supre вже другий раз піддається критиці з боку рекламного регулятора. Минулого тижня була припинена трансляція рекламного ролика нової кампанії і демонтовані плакати з оголеними дівчатами. Supre - бренд молодіжного одягу, популярний в Австралії і Новій Зеландії.
ВАвстралії заборонили рекламу евтаназії
Австралійська влада заборонили телевізійну рекламну кампанію евтаназії, повідомляє The Guardian. Як повідомлялося раніше, у підготовленому для трансляції рекламному ролику літній невиліковно хвора людина розмірковує про прийняті в життя рішення і запитує: "Чому ви не даєте мені вибору?"
Ролик був створений з ініціативи індійської ініціативної групи Exit International та її директора - відомого прихильника евтаназії Філіпа Ніцшке (Philip Nitschke). За їхнім задумом, реклама повинна була спонукати людей особисто задуматися про це питання і викликати по ньому громадські дебати.
Трансляція цієї реклами на нічному телебаченні почалася в Брісбені в неділю 12 вересня.
Однак наглядові органи, що слідкують за вмістом телетрансляцій, заборонили ролик до показу, оскільки, на їхню думку, він пропагує самогубство, що заборонено законом. У відповідь Ніцшке заявив, що ця заборона порушує право на свободу слова, і Exit International має намір запустити нову версію реклами в найближчі дні.
AANA reject calls for tougher junk food ad regulation
The Obesity Policy Coalition (OPC) has renewed calls for legislation to restrict the marketing and advertising of junk food to children – a move the Australian Association of National Advertisers (AANA) calls groundless.
The OPC, which includes the Cancer Council, Diabetes Australia and VicHealth, has called on state and federal governments to introduce tougher guidelines on junk food advertising amid claims that self-regulation isn’t working.
It claims a recent investigation into the issue found the current system allows children to be actively targeted by ads at a time when childhood obesity is at record levels.
The AANA, however, calls the report produced from the investigation lacking in evidence. “Once again the OPC has produced a document with no new evidence or data to suggest that advertising contributes to unhealthy outcomes and conveniently matches its pre-determined agenda,” AANA’s acting chief executive officer, Alina Bain says.
“We all agree that obesity – especially childhood obesity – is a serious problem. It deserves serious, independent research into developing real solutions. The OPC piece runs counter to the principle of evidence-based review and response.”
Executive manager of the OPC, Jane Martin, says the detailed analysis conducted shows the various self-regulatory codes that govern the industry have “resolutely failed” to protect children from junk food advertising.
“The codes themselves are seriously flawed, administration and enforcement of the codes are inadequate, and, finally, despite the food industry introducing more codes two years ago, there is no evidence any of these have reduced children’s exposure to unhealthy food advertising,” Martin says.
The OPC says the codes are too complex, confuse the public, suffer from a conflict of interest and are administered inconsistently by the various review agencies such as the Advertising Standards Board (ASB).
Martin says something must be done to curb the record levels of childhood obesity. “It’s very important that we address all the drivers of overweight and obesity. Junk food advertising is not the only way to tackle bad eating habits but it is an important factor.”
“The government must now call ‘time’ on the charade of self-regulation and legislate to give children meaningful protection from the influence of unhealthy food marketing.”
The AANA says the self-regulatory system for advertising and marketing communications is effective and is underpinned by a responsive and transparent complaints handling system.
“The ASB provides a one-stop shop for consumers for all complaints about advertising and marketing communications but the OPC is intent on misleading the public into thinking it is all too hard to figure out where to lodge a complaint,” Bain says.
The activity of AANA
The Australian Association of National Advertisers (AANA) has been the peak national body for advertisers for over 80 years and represents the interests of organisations involved in Australia’s $30 billion a year advertising, marketing and media industry.
AANA’s aim is to promote and safeguard the rights of its members to communicate freely with their customers, and to protect consumers by ensuring advertising and marketing communications are conducted responsibly. This is achieved, in large part, through management of the self-regulatory system, including a set of voluntary Codes. Complaints under the Codes are adjudicated by the independent Advertising Standards Board (ASB) which is administratively supported by the Advertising Standards Bureau. The system - created, reviewed and owned by AANA - came into operation in 1997 following extensive consultations with advertisers, agencies, the media, consumer groups and government representatives.
At a time of unprecedented change in advertising, marketing and media, AANA provides ethical leadership, advocates continuous improvement in commercial communication practice, and promotes and protects freedom of commercial speech.
Mission and Values
Our Vision:
To be Australia’s recognised authority on advertising and marketing communication ethics, practice and performance.
Our Mission:
To provide authoritative and dependable leadership, guidance and support across all areas of advertising and marketing communications.
Promoting and protecting commercial communications as an essential element of modern business practice;
Safeguarding marketer access to commercial communication and assisting management of attendant responsibilities;
Building consumer confidence and public trust in advertising and marketing communications through codes of practice and advocacy and advancement of self-regulation;
Leading initiatives enhancing knowledge and understanding of responsible practices of advertising and marketing communications in building business and shareholder equity;
Providing forums, networking and professional development that enrich expertise and capabilities in maximising marketing communications effectiveness and efficiency;
Being a resource on which members can depend for proprietary services adding personal, professional and corporate value.
Our Values:
The values of AANA are built on leadership, responsibility, partnership and integrity.
Leadership: We take the lead in setting an agenda that promotes and protects all interests involved with marketing communications;
Responsibility: We promote and police responsible advertising and marketing communications practices;
Partnership: We seek a collaborative approach with advertising, marketing and media industry stakeholders in matters of common interests and/or concern;
Integrity: We commit to the highest levels of integrity, transparency and accountability in all relationships, dealings and transactions.
Our Story
The AANA was formed in 1928 when 12 advertisers met to discuss common problems and resolved to develop a voluntary code of ethics and improved media research.
From those early beginnings, the AANA has grown to represent not only Australia’s major marketers, but marketing services providers and media operators.
While advertising, marketing and media have experienced revolutionary change since the inception of AANA, the association remains committed to a guiding set of priorities:
Representation of the advertising, marketing and media industry’s rights to freedom of commercial speech;
Advocacy on matters of significance to the advertising, marketing and media industry;
Empowerment of AANA Members in maximising the return on their advertising and marketing communication investments through continuous improvement in effectiveness and efficiency;
Development of a mutual-support-for-mutual benefit culture among AANA members.
From the days before television and the internet when advertising was largely limited to newspapers and outdoor posters to a time of advertising-dependent media multiplication unthinkable at its beginnings, the AANA continues to promote and protect freedom of speech through responsible commercial communication.
Media accountability & measurement initiatives
Lower TV Production Costs
With advertising budgets remaining under pressure in a tough trading environment, AANA will be looking at ways we can help control costs. One area that has not had enough attention is TV production costs. AANA will aim to develop benchmarks and guidelines to assist marketers in determining fair and reasonable charges in this area.
Greater Credibility in Online Audience Measurement and Audit
In 2011, we welcomed the Interactive Advertising Bureau (IAB’s) appointment of Neilsen to develop an industry-preferred measurement system for online audiences. We also backed the Audit Bureau’s work in developing reliable auditing for digital media. As more advertisers shift bigger portions of their budgets online, it is imperative that these investments deliver measureable, comparable and credible results.
In 2012, AANA looks forward to working with IAB a little more closely as suitable and advanced metrics for mobile devices are introduced.
Greater Reliability in Print Media Measurement, Readership and Auditing
AANA has been seeking a measurement metric that is reliable, regularly updated, gives sectional readership information, that makes it easier to compare the effectiveness of print against other media and shows a depth of data that enables advertisers to place the correct value on each publication. AANA continues to liaise with the MFA and The Newspaper Works on the new entity "The Readership Works" regarding their new measurement metric for newspapers.
AANA is also calling for ‘issue-specific reporting.’ It enables advertisers to understand the positive effect on circulation of factors such particular magazine covers and major news events. It gives accurate feedback on the impact of promotions and marketing campaign launches, which helps build the case for print’s ROI.
AANA has been heavily involved in the development of Audit Bureau of Circulation Digital Version Rules to come into affect in April 2012. A new set of rule amendments, which will allow for the reporting of sales of digital versions or print publications and stand-alone digital publications are in place. Australia is leading the world through the inclusion of digital formats such as replica, enhanced and paid website. The introduction of Net Average Paid Digital Sales and Average Total Paid Mastheads Sales to complement the existing Average Net Paid Sales for print metrics are the end result of 18 months of work.
Television Media Measurement and Auditing
AANA has been working with the Media Federation of Australia (MFA) to seek more granular reporting on three key issues
Commercial break data (or an alternative way to represent ad break data)
Time shifted viewing (a full understanding of audience shifts, given the growing popularity of PVRs and the increasing numbers of digital channels)
Multiple screen measurement (seeking more robust trials for all devices)
Outdoor Media Measurement and Auditing
AANA continues to work with the Outdoor Media Association (OMA) to assist AANA members in understanding the advancements in the MOVE Outdoor measurement metric.
Auto-refresh
AANA members have expressed concern about the practice of auto refreshing of advertising which is still existent in Australian online publishing. From an advertiser viewpoint, the certainty that comes from a website having passed an ABA Web Audit will provide a clear competitive advantage. Telstra was the first of the top 5 publishers (IAB) to achieve this benchmark.
Young Marketer Award
The AANA Young Marketers' Award was established to foster the next generation of advertising and maketing industry leaders in Australia. This year, AANA teamed up with News Limited so we could send TWO young marketers to the Cannes Lions International Advertising Festival. This is the first year young Australians were able to enter the Young Lions Young Marketer Competition and compete in the international competition in Cannes, expanding the opportunity for individuals to participate and learn from an invaluable experience.
AANA Warner Award
The AANA Warner Award celebrates outstanding contribution and service to the Australian advertising, marketing and media industry.
The award is named after AANA’s inaugural president, Phil Warner, who was head of advertising at Berlei, when he helped to found the AANA, and led the Association from 1928-29.
The award was established in 2008 to acknowledge the outstanding work and contribution of a brilliant marketer to the advertising industry.
Regulatory Overview
Having designed and delivered the self-regulatory component of regulation controlling advertising and marketing communication in Australia, the AANA has a strong ongoing commitment to self-regulation.
Today, Australia’s internationally-recognised system of self-regulation remains under the control of AANA codes, as administered through the Advertising Standards Bureau andAdvertising Standards Board.
The AANA sponsored the formation of the Advertising Standards Bureau and Board in 1998, since when it has operated under separate management, funded by a levy on advertising administered by the Australian Advertising Standards Council Ltd.
With advertisers, marketers and media sharing a common interest in promoting consumer confidence in and respect for advertising and marketing communications, the self-regulatory system has industry-wide backing.
Complaints about advertising are determined by the Advertising Standards Board, while competitive complaints are referred to the Advertising Claims Board.
The Advertising Standards Board comprises a representative cross-section of the community, providing a free public complaints resolution service. It considers complaints about any form of Australian published, broadcast or online advertising in relation to issues including:
the use of language
the discriminatory portrayal of people
concern for children
portrayal of sex, sexuality and nudity,
health and safety.
The Advertising Claims Board provides a competitive claims resolution service on a user-pays cost recovery basis, adjudicating on issues of:
truth
accuracy
legality of advertising.
With their authority resting on the industry's adherence to prevailing community standards, both boards make their determinations under appropriate sections of the Advertiser Code of Ethics as prescribed by the AANA.
AANA has released a revised Code of Ethics which will apply to advertising and marketing communications from 1 January 2012.
The release of the revised Code of Ethics is accompanied by a Practice Note which provides additional explanation and guidance on the Code provisions.
Overview of the changes
The objectives of the Code have been amended to ensure consistency with the revised definition of ‘Advertising or marketing communications’. The objectives reference the new Practice Note and the effective date of the new Code.
Definition of Advertising or Marketing Communications
The definition of Advertising or Marketing Communications has been amended to clarify that the Code applies to all advertising or marketing communications activities, whether or not “payment or other valuable consideration” is tendered. This ensures the Code remains relevant in an increasingly digital media landscape. It also removes any ambiguity regarding the status of advertising on line and in social media.
The definitions of ‘Advertising or marketing communications to children’ and ‘Product’ have been amended to ensure consistency with the Code for Advertising or Marketing Communications to Children.
Excluded communications now also include public relations communications (corporate or consumer) and related activities and, in the case of broadcast media, any material which promotes a program or programs to be broadcast on that same channel or station. The exclusion for labels or packaging remains.
The Code now confirms that Prevailing Community Standards are influenced in part by previous decisions of the Advertising Standard’s Bureau (ASB), the AANA’s intent in developing the Code of Ethics and any relevant research (of the AANA or ASB).
AANA 2012 CODE OF ETHICS AANA Code of Ethics
Structure of the Code
The headings for Section 1 and Section 2 have been amended to provide a clearer description of the purpose of each section. The sections are now entitled Section 1 ‘Competitor Complaints’ and Section 2 ‘Consumer Complaints’.
Discrimination and vilification [Section 2.1]
The section describes types of behaviour and restricts depictions of those types of behaviour against people within certain groups. ‘Gender’ has replaced ‘sex’ as a group and the Code now includes ‘mental illness’ as a group.
Objectification [Section 2.2]
A new clause has been included to proscribe objectification of people. The new clause applies to images of men, women or children which use sexual appeal in a manner which is exploitative and degrading.
Sex, Sexuality and Nudity [Section 2.4]
Reference to a “programme time zone” has been removed in this clause in line with the Codes’ technology neutral approach to self regulation.
The revised Code retains the concept of “relevant audience”.
Relevant audience is determined by examining the media plan (formal or informal) and is the audience that the advertiser intends to see the advertisement.
The ASB will take a broad view of audience when considering outdoor advertisements under section
2.4 and 2.5.
Language [Section 2.5]
The section on language has been amended to refer to “relevant audience” in the same way as Section 2.4 Sex, Sexuality and Nudity. Language must be appropriate in the circumstances which include the relevant medium and the relevant audience.
Other Codes [Section 3]
Section 2.6 of the Code on health and safety now applies to motor vehicle advertising. It proscribes the depiction of material contrary to Prevailing Community Standards on health and safety to motor vehicle advertising.
Complaints Process
The Code contains some information to direct complainants to the Advertising Standards Board for complaints about matters covered by the Code. This information does not form part of the Code and is provided for information only.
Complaints about advertising
Complaints under the AANA Self-Regulatory System
Content of an advertisement or marketing communication
Complaints about the content of an advertisement or marketing communication can be made under the AANA Codes to the Advertising Standards Bureau.
The various AANA codes and the issues covered are:
AANA Code of Ethics and associated Practice Note – addresses issues around nudity, sexuality, sex, language, violence and health and safety.
AANA Code For Marketing & Advertising Communications To Children – addresses complaints about advertisements directed to children. Issues covered include clear representation, sexualised images unsafe or dangerous products, competitions, use of popular personalities, privacy, food and beverage advertising.
AANA Food & Beverages Advertising & Marketing Communications Code and associatedPractice Note – addresses complaints about food and beverages advertising. Issues covered include undermining healthy active lifestyle, misleading or deceptive nutritional or health comparisons.
Environmental Claims in Advertising and Marketing Code and associated Practice Note – addresses complaints about truthfulness and substantiation of environmental claims.
Other Codes and initiatives:
Complaints to the ASB can also be made under the following industry codes and initiatives:
Federal Chamber of Automotive Industries (FCAI) Motor Vehicle Code – complaints about the content of motor vehicle advertisements are covered by the FCAI Code. Issues covered by the FCAI Code include unsafe driving, depiction of speeding, illegal driving practices, depiction of people driving while fatigued or under the influence of alcohol, issues of clarity concerning motor sport in advertising.
Alcohol Beverages Advertising Code (ABAC) – complaints about the content of alcohol advertisements are covered by the Alcohol Beverages Advertising Code. Issues covered by the ABAC include depictions of responsible consumption of alcohol and appeal to children.
[Placement] Complaints about the placement of alcohol advertising are covered by other industry codes.
Australian Food and Grocery Council Responsible Children's Marketing Initiative of the Australian Food and Beverage Industry – considers complaints about advertisements for food and beverage products to children under 12 in media by signatories who have signed up to the initiative.
Australian Quick Service Restaurant Industry Initiative for Responsible Advertising and Marketing to Children – considers complaints relating to advertising and marketing communications to children under 14 years of age by quick service restaurants who have signed up to the initiative.
Other complaints handling systems
If your complaint is not covered by the codes and initiatives as described above, please refer to the below information about other complaints handling systems. For example, complaints about misleading and deceptive conduct, Therapeutic Goods Advertising, program promotions and programs content, are dealt with by other regulatory and complaints handling systems.
Other complaints handling systems
Therapeutic goods – please address your complaint to the Therapeutic Goods Administration.
Misleading and deceptive conduct, country of origin – refer to your State/Territory consumer protection agency or the Australian Competition and Consumer Commission.
Television or radio programming, program content or program promotions – if your complaint is about a program you have seen on television, or the placement of a commercial (i.e. the time of day you saw the advertisement) or a program promotion, Commercial television - please direct your complaint to the Free TV Australia
Subscription Television and Radio Content - please direct your complaint to theAustralian Subscription Television and Radio Association (ASTRA) after first contacting the station or broadcaster
ABC or SBS Content - please refer to the ABC or the SBS.
For complaints about radio, please direct your complaint to the relevant station.
Regulation of therapeutic goods advertising in Australia
General information
The advertising of therapeutic goods to consumers and health professionals is administered via a co-regulatory system which is representative of all key stakeholder groups, namely consumers, health professionals, the regulated industry sectors, the media, advertisers and government.
Advertisements for therapeutic goods are subject to the requirements of the Therapeutic Goods Act 1989(the Act) and Regulations, the Competition and Consumer Act 2010 and other relevant laws. Additionally, advertisements for therapeutic goods directed to consumers must comply with the Therapeutic Goods Advertising Code (the Code).
The object of the Code is to ensure that the marketing and advertising of therapeutic goods to consumers is conducted in a socially responsible manner that promotes the quality use of therapeutic goods and does not mislead or deceive the consumer.
The Therapeutic Goods Advertising Code Council is responsible for the currency of the Code while Therapeutic Goods Administration administers the Code.
The Therapeutic Goods Advertising Code Council (TGACC), comprises of representatives from all key stakeholder groups and is established under the Regulations. Specifically, the role of the TGACC includes considering the advertising requirements for therapeutic goods, considering amendments to the Code and making recommendations to the Australian Government Minister for Health and Ageing.
An advertisement, in relation to therapeutic goods, includes any statement, pictorial representation or design, however made, that is intended, whether directly or indirectly, to promote the use or supply of the goods (Refer to Section 3 of the Act)).
Advertising can be presented in several forms, including:
•consumer magazines, or newspapers
•television, radio or cinema
•the Internet
•Billboards or public transport
•leaflets, flyers, brochures, catalogues, letterbox drops
•medical journals.
Section 22(5) of the Act specifies that advertising of a therapeutic good can only refer to the indications which are included in the Australian Register of Therapeutic Goods (the Register) for that specific good.
Prescription-only medicines
Advertising direct to consumers is not permitted (prohibited by the Act).
Advertising to health professionals is permitted and is regulated by a self-regulatory scheme operated by Medicines Australia.
The requirements in relation to prior approval of advertisements set out in Part 2 of the Therapeutic Goods Regulations 1990 is not applicable.
However, advertisements for prescription medicines must also meet the requirements of the Competition and Consumer Act 2010, section 22(5) of the Act (which establishes an offence where therapeutic goods are advertised with indications other than for which they have been accepted in the Register) and any other conditions which may be assigned to the marketing approval of the product.
It is a condition of registration of therapeutic goods that the promotion of all prescription products (whether member or non-member) to comply with the requirements of the Medicines Australia Code of Conduct.
Complaints about advertisements for prescription medicines directed to health professionals are handled by Medicines Australia – see Attachment 1 below.
If a complaint is made about the advertising activities of a non-member, the complaint is forwarded to the non-member with an invitation to have the complaint adjudicated by the Medicines Australia Code of Conduct Committee. If the non-member declines the invitation for adjudication, Medicines Australia may forward the complaint to the Therapeutic Goods Administration (TGA) or the Australian Competition and Consumer Commission.
Where it has been determined that a breach of the Code has occurred, the Committee may impose a range of fines, depending on the nature of the breach. The Committee may also recommend to the Medicines Australia Board that a member be suspended or expelled.
Non-prescription medicines
Non-prescription medicines are over-the-counter (OTC) medicines and non-prescription complementary medicines.
Generally, advertisements for non-prescription medicines may be directed both to consumers and to health professionals. However, the Regulations prohibit the advertising to consumers of certain medicines included in Schedule 3 of the current Poisons Standard (pharmacist-only medicines).
Advertisements for non-prescription medicines are regulated by both co-regulatory and self-regulatory arrangements operated by the TGA under the Act and Regulations, the Therapeutic Goods Advertising Code Council (TGACC), the Australian Self-Medication Industry (ASMI) and the Complementary Healthcare Council (CHC).
Certain types of advertisements directed at consumers require prior approval by a Delegate of the Secretary of the Department of Health and Ageing.
Approval processes for direct-to-consumer advertising of non-prescription medicines
Prior approval is required for certain types of advertisements and generic information advertised directly to consumers, specifically:
- Broadcast media - TV and radio
- Print media - newspapers & magazines (including inserts)
- Outdoors - including billboards, bus shelters, sides & interiors of buses, taxi displays
- Cinema films
The Secretary of the Department of Health and Ageing or his/her delegate is responsible for approving advertisements. Under co-regulatory arrangements, this responsibility has been delegated to industry associations:
- ASMI: all advertisements to be broadcast in broadcast media and advertisements for OTC medicines appearing outdoors or in print media (newspapers & magazines) (see Attachment 2); and
- CHC: advertisements for complementary medicines appearing outdoors or in print media (newspapers & magazines) (see Attachment 3).
These industry associations represent sponsors and manufacturers of non-prescription (over-the-counter and complementary) medicines.
Complaints handling processes for advertising of non-prescription medicines
Complaints about direct-to-consumer advertising in specified media such as television or radio, newspapers, consumer magazines, billboards and cinema films or the Internet are considered by the Complaints Resolution Panel, a body established in the Therapeutic Goods Regulations (see Attachment 4).
The TGA reserves the right to intervene or investigate in matters where the breaches in advertising are of a serious nature, especially where consumer safety is a concern.
Complaints about direct-to-consumer advertising that appear in other media such as leaflets, flyers, brochures, catalogues or letterbox drops or advertising to health professionals are handled by the relevant industry association under their codes of practice:
- ASMI Code of Practice; and
- CHC Code of Practice for the Marketing of Complementary Healthcare Products
These complaints follow a similar process to that for complaints about advertising of prescription medicines to health professionals.
More information on making a complaint about the advertising of therapeutic goods is available on this website.
Medical devices
Medical devices may be advertised directly to consumers and the regulatory requirements are similar to those applying to direct-to-consumer advertising of non-prescription medicines. However there is no requirement for prior approval of these advertisements.
The Complaints Resolution Panel considers complaints about advertisements for medical devices and therapeutic devices appearing in broadcast and mainstream print media, billboards, cinema films, the Internet etc.
Summary of the regulation of advertising of therapeutic goods in Australia
|
Prescription Medicines |
Non-prescription medicines |
Medical devices |
|||
Advertising direct to consumers |
Advertising to healthcare professionals |
Advertising direct to consumers |
Advertising to healthcare professionals |
Advertising direct to consumers |
Advertising to healthcare professionals |
|
Permitted? |
No |
Yes |
Yes, except for certain pharmacist only goods |
Yes |
Yes |
Yes |
Regulated by? |
TG Regs Medicines Australia Code of Conduct |
TG Act TG Regs Medicines Australia Code of Conduct |
TG Act TG Regs TGAC ASMI Code of Practice CHC Code of Practice Trade Practices Act |
TG Act TG Regs ASMI Code of Practice CHC Code of Practice |
TG Act TG Regs TGAC Trade Practices Act |
TG Act TG Regs |
Prior approval required? |
n/a |
No |
Yes, Broadcast media (TV, radio); cinema; mainstream print media (newspapers & magazines; displayed outdoors (eg billboards) No, Other advertisements (eg indoor posters, leaflets, letterbox drops, brochures, catalogues, internet, etc.) |
No |
No |
No |
Complaint handling process |
TGA |
Medicines Australia Code of Conduct Committee Complaints about non-members may be referred to TGA |
Complaints Resolution Panel (for advertisements where prior approval is required); Industry associations (for other advertisements) TGA if advertiser is a non-member, a retailer or a distributors |
Industry associations TGA if advertiser is a non-member, a retail outlet, a distributor or a practitioner |
Complaints Resolution Panel (for broadcast media, mainstream print media, billboards, cinema films) TGA |
TGA |
Attachments
Attachment 1: Medicines Australia promotion of prescription medicines to health professionals complaints handling process
Attachment 2: ASMI approval process for direct-to-consumer advertising of non-prescription medicines (all broadcast advertisements AND advertisements for OTC medicines appearing outdoors or in print media (newspapers & magazines) or cinema films)
Attachment 3: CHC approval process for direct-to-consumer advertising of non-prescription medicines (advertisements for complementary medicines appearing outdoors or in print media (newspapers & magazines) or cinema films)
Attachment 4: Complaints handling process for direct-to-consumer advertisements requiring prior approval
