Bill introduced to restrict junk food advertising does not cover sports sponsorship

June 19, 2023

Karen Sweaney

Legal / Marketing / Wellness /

A new Private Member’s Bill, known as ‘The Healthy Kids Advertising Bill 2023’, is being introduced to parliament today by Independent Federal MP Dr Sophie Scamps in an attempt to restrict unhealthy food and drink advertising during set times on TV and radio, and at all times online.

Under the proposed regulations, broadcasters, internet service providers, and food companies that fail to adhere to the guidelines will be met with substantial fines.

However, the Bill does not cover print or outdoor advertising, sports sponsorship, nor content shared by food and beverage companies on their own websites and social media channels.

The Broadcasting Services Amendment (Healthy Kids Advertising) Bill 2023 tabled today by Dr Scamps, proposes amendments to the Broadcasting Services Act 1992 to protect Australian children from exposure to unhealthy food marketing on TV and radio including subscription (streaming) services between 6am and 9.30pm and online at all times.

Dr Scamps, who was a GP on Sydney’s northern beaches until becoming the MP for Mackellar, put together the Bill to target fast-food advertisement and sponsorship in a push to change its regulation and in a bid to stop Australia’s growing childhood obesity “epidemic”.

Dr Scamps shared “we know our children are exposed to over 800 junk food ads on TV alone every year, and that there is a direct link between those ads and childhood obesity. The current restrictions are not strong enough, and self-regulation is just not working.

“If we continue to stand by while children are deluged by junk food advertising on social media and on TV, then we are failing them.”

Food for Health Alliance ((formerly the Obesity Policy Coalition) Executive Manager, Jane Martin praised action to protect Australian children from the pervasive influence of unhealthy food marketing and urged the Federal Government to safeguard children’s health and wellbeing.

Martin noted “Australian children should be free to enjoy TV shows with their family, connect with friends on social media or search online for entertainment and education without being bombarded by unhealthy food or drink ads.

“Our children cannot escape this wallpaper of unhealthy food marketing that influences what they prefer, choose and eat. The processed food industry knows this marketing works, that’s why they spend millions of dollars every year targeting kids with unhealthy food and drink ads. This harmful marketing shapes their diet and tastes as they grow, increasing the risks of obesity and chronic diseases like cancer and type 2 diabetes.”

Junk-food advertising remains a fixture of any prime-time television viewing experience, and some of the industry’s biggest restaurant chains sponsor the largest sports codes and teams from around the country.

The NBL has been sponsored by Hungry Jack’s for years. The Hungry Jack’s website includes statements such as “like the NBL, we’re passionate about delivering an experience the whole family can enjoy. And we know that great fans can make all the difference at an NBL game. So we’ve developed a unique way of rewarding them. If they cheer loudly enough to make the visiting team miss two free points, everyone in the stadium gets a free burger in exchange for their game day ticket at any Hungry Jack’s.

AFL Richmond team welcomed KFC Australia as a new Official Partner of the Club’s AFL and AFLW teams in January 2023. The five-year partnership, through to at least the end of the 2027 season, will see KFC’s logo appear on the AFL playing shorts and the top of the back of guernsey.

At the time of the sponsorship announcement, Sally Spriggs, CMO at KFC Australia, commented "as we near the 2023 season kick-off, KFC are thrilled to strengthen our support of footy by partnering with Richmond Football Club.

"It’s no secret that footy fans love the Colonel's treats, so we couldn’t think of a better opportunity to combine the two. Richmond is a club with a friendly and active following who does great things both on and off the field. We're excited to support the Tigers across this multi-year partnership and can’t wait to celebrate the Club’s accomplishments together with fans.”

Dr Scamps acknowledges that unhealthy food advertising through sport can have a big impact on a child’s health choices adding “we know that sport does influence children's decisions, and we no longer advertise tobacco or alcohol to sport."

The National Obesity Strategy, which was released in March earlier this year, noted that Australians “are regularly exposed to unhealthy food and drink marketing”, which included multimedia advertising and sports sponsorship.

It revealed an average five to eight-year-old child who watches around 80 minutes of television per day is exposed to 827 advertisements and four hours of “unhealthy food advertising” each year on free-to-air television.

A key potential strategy in the 10-year framework is reducing “unhealthy food and drink advertising, branding and sponsorship” to stop childhood obesity.

While the Bill is in its “early stages”, Dr Scamps believed it would be supported by parents and other MPs.

Martin continued “our community supports action. Seven in 10 Australians agree that government should step in and protect children from unhealthy food marketing. Regulations are urgently needed to protect children from pervasive food industry marketing tactics used to hook kids into consuming unhealthy foods and sugary drinks.

“Strong regulation of unhealthy food marketing may also encourage food manufacturers to produce and promote healthier products over unhealthy foods.”

The Food for Health Alliance highlights that alarming statistics show nearly a quarter of Australian children are above a healthy weight. Unhealthy, nutrient poor foods contribute over a third of daily energy in Australian children’s diets, with the proportion increasing to 41% for school-aged children, 14 to 18 years.

Deakin University’s Institute for Health Transformation Director, Professor Anna Peeters added her support for comprehensive policy action to address obesity and improve population diets in Australia.

“Our Food Policy Index scorecard ranks Australia globally as making “low” progress on restricting the promotion of unhealthy foods in broadcast media, and “very little, if any” progress on online promotion,” Professor Peeters said.

“Countries like the UK have already moved to enact restrictions on junk food advertising. UK legislation that comes into effect in 2025 restricts unhealthy food advertising on TV prior to 9pm and implements a complete ban on paid advertising for foods high in fat, salt and sugar online.”

In a paper published October 2022 in Public Health Research and Practice, a peer-reviewed journal of the Sax Institute, lead author Dr Alex Chung from Monash University’s Health and Social Care Unit argues that commercial factors play a major role in driving excess weight and unhealthy diets.

Dr Chung noted “in terms of food choices, the power currently sits with the processed food industry, whose practices shape the food environment where unhealthy food and beverages are heavily promoted. This makes it difficult for individuals to make healthy choices.”

Co-author Lucy Westerman from VicHealth added “marketing is just one of the commercial practices of producer and advertising industries, but it is also a very effective one, leveraging diverse techniques in the digital world, social and traditional media, and public spaces to influence behaviour.

“Poor regulation of advertising activity means people, including children, are bombarded by advertising of unhealthy food and drink, far more than healthy products. And some of that marketing is dark – that is we can’t always see what our children are seeing.

“Many of these companies use the same tactics in countries around the world, so addressing these commercial determinants of unhealthy diets requires us to collaborate with others who are working to protect children’s health everywhere.”

VicHealth Chief Executive, Dr Sandro Demaio also commented “most of us try to eat healthy foods as much as possible, but being surrounded by unhealthy food products and marketing undermines people’s efforts to maintain a healthy diet. Unhealthy food is easy to find, eat and buy and we’re bombarded by advertising every day.

“We need a systemic approach to obesity prevention in Australia, including clear and mandatory standards. We must put our people over industry profits, and we need rapid movement from for all levels of government.

“We must act with urgency, prioritising protecting our kids against the predatory tactics of unhealthy food and drink companies.”

About the author

Karen Sweaney

Co-founder and Editor, Australasian Leisure Management

Artist, geoscientist and specialist writer on the leisure industry, Karen Sweaney is Editor and co-founder of Australasian Leisure Management.

Based in Sydney, Australia, her specific areas of interest include the arts, entertainment, the environment, fitness, tourism and wellness.

She has degrees in Fine Arts from the University of Sydney and Geological Oceanography from UNSW.

search ausleisure

AusLeisure

Latest News