Helen Coonan (NSW, Liberal Party, Minister for Communications, Information Technology and the Arts) Share this | Hansard source

I do thank senators for their contribution in relation to these amendments. I remind senators that this bill is actually dealing with a third digital commercial television service for remote and regional Western Australia. However, in relation to junk food—which the government is taking very seriously; it has taken a number of initiatives that I mentioned in my summing up remarks—I do think I need to add a couple of things, although I note the disposition of senators in this regard. The industry is already regulated by the Children’s Television Standards and the Commercial Television Industry Code of Practice. The Children’s Television Standards, the instrument that this proposal seeks to amend, is administered by ACMA, the regulator, and it already provides that a food advertisement must not contain any misleading or incorrect information about the nutritional value of the product. The Commercial Television Industry Code of Practice strengthens the obligations regarding advertising to children and includes requirements that advertising must not encourage or promote an inactive lifestyle or unhealthy eating or drinking habits. As senators may be aware, ACMA is currently undertaking a full review of the Children’s Television Standards. This will ensure that children’s television needs are still being met in an appropriate way.

While the government places certain restrictions on the classification and placement of commercials directed at children, responsibility for media advertising standards—and I think this is often overlooked—rests primarily with the Australian Standards Board, the industry self-regulatory body established by the Australian Association of National Advertisers. The association has already developed a code of advertising to children and is currently in the process of developing an additional voluntary food and beverages advertising and marketing communications code that does include specific provisions in relation to advertising directed at children. This new voluntary code has the support of key food industry bodies including the Australian Food and Grocery Council.

The issues surrounding the current concerns about childhood obesity are, I think we all agree, complex and cannot be attributed to one source nor addressed by a single regulatory response. The draft amendment proposes that the Minister for Health and Ageing determine the benefit of an advertisement to the health of children. Unlike the coregulatory framework for broadcasting services, where the broadcaster is directly accountable for programming decisions, this proposal shifts responsibility from the industry to the bureaucrats who advise the minister for health.

I also should note that the drafting of this amendment suggests that it is the advertisement rather than the product itself that must be deemed beneficial. It would seem to me to be an inappropriate focus on the vehicle for promotion rather than the product itself. So whilst the government is very cognisant of this troubling issue of obesity and has a range of measures to address it, we will not be supporting the amendment put forward.