Labor To Introduce Children's 'Junk' Food Advertising Ban Kate Lundy - Shadow Minister for Information Technology, Shadow Minister for Sport and Recreation, Shadow Minister for the Arts

Media Statement - 16 June 2004

The Prime Minister in Question Time today has shown his lack of understanding of the ways in which Government can assist parents in combating childhood obesity.

Labor supports a ban on junk food advertising during children’s television programs. This will assist parents with the dietary habits of their children. The task of parents is made easier if their children are not constantly requesting junk food and sugary drinks.

Television advertising that influences infant children in this way can also have a detrimental long term impact. It can entrench eating habits that flow through to the teenage years.

A ban on junk food advertising during children’s programs can only assist the nation’s health care and the fight against childhood obesity.

Under a Labor Government all food and drink advertising will be banned during all P (preschool), C (children) classified programs, and during G (General) classified programs that are, as defined by the ABA, clearly aimed primarily at children. Such a ban will not preclude the promotion of healthy eating messages via Community Service Announcements and the like.

A total ban on all food and drink advertising during television programs aimed directly at children is considered to be the only option that will have a genuine impact on "junk" food advertising to children.

While there are many organisations who offer general food consumption guidelines, there are currently no guidelines that are specific enough to determine what individual foods are considered suitable for promotion to children so restrictions based on guidelines are not considered feasible.

It is also possible; in fact highly likely, that any restriction based on guidelines would be circumvented by so-called "junk" food companies using healthy foods to continue to promote their brand name.

While we understand that television advertising is by no means the only factor that influences children's eating habits, it is one factor that can be controlled by a responsible Federal Government taking action to stop the direct advertising of "junk" food and drinks to our children.

Australian studies show that around 80 per cent of foods advertised during children's television programs are for non-nutritious or unhealthy foods, and at 12 per hour Australia has more television food advertisements during children's programming times than any other country, including the US and UK.

Labor knows that children do not have the same capacity that adults have to make educated healthy lifestyle and dietary choices and believes that those in leadership positions should take an active role in ensuring that children are given every opportunity to enjoy a long and healthy life.

Labor will take action where the Howard Government has for eight years, neglected to do so.

JUNK FOOD ADVERTISING BAN – FACT SHEET

• Obesity is one of the major health crises affecting Australia with around 30% of Australian children currently estimated to be overweight or obese. The two major contributors to this problem are poor dietary habits and inadequate levels of physical activity.
• Australian studies show that 75 – 80 % of foods advertised during television programs targeted specifically at children are for non-nutritious or unhealthy foods.
• A study of 13 OECD countries showed that Australia, at 12 per hour, had the highest number of television food advertisements during children's programming times of any country, including the US and UK.

Policy Statements:

• A Labor Government will enforce a total ban on all food and drink advertising during all P (Preschool) and C (Children) programs, and during G (General) classified programs that are, as defined by the ABA, clearly aimed primarily at children ¹. This ban will not preclude the promotion of healthy eating messages via Community Service Announcements.

¹According to clause 6.20.1 of the Commercial Television Industry Code of Practice: for the purposes of Commercial or Community Service Announcements Directed to Children, children means people younger than 14 years of age.

• This ban would be enacted by a legislative change to Section 7(1) of Part 3 of Schedule 2 of the Broadcasting Services Act 1992. Schedule 2 sets out the standard conditions of broadcasting licences. Section 7(1) already contains a number of prohibitions, such as those for tobacco advertisements and the broadcasting of ‘X’ rated programs. Licensees who breach these conditions can be made liable to a range of penalties, including fines, suspension or cancellation of the licence.

Tackling Obesity and Promoting Community Wellbeing: Labor's plan for a healthier and more active Australia.

This cross-portfolio policy was launched in October last year and was the first concerted Federal effort to improve the general health and wellbeing of all Australians.

Labor’s policy is to invest $25 million over four years to establish a new fund to promote community wellbeing and reduce childhood obesity.

Labor’s approach has two main elements: establishing a new fund to promote community wellbeing and implementing a national strategy to reduce childhood obesity.

The $15 million Community Wellbeing Fund will help Australians get involved in sport and leisure activities at the community level and improve dietary habits through broad scale education and health promotion. It will build on the work already being undertaken by State and Territory governments.

Labor will also provide $10 million for a National Strategy to Reduce Childhood Obesity.
Labor's ban on "junk" food advertising during children's television viewing times is a key element of this strategy.

Other key elements of the National Strategy to Reduce Childhood Obesity include:

• $2.5 million for a National Nutrition Education Framework;
• $2 million for a Schools Physical Activity National Taskforce;
• $2 million to develop and implement national school canteen food guidelines; 
• $2.5 million for a national active life media campaign;
• $500,000 to implement pilot student wellbeing programs for school students in disadvantaged communities; and
• $500,000 to establish an Obesity Action Alliance.

Labor acknowledges that junk food advertising is just one of many elements that contributes to the problem of childhood obesity, and that a ban on junk food advertising to children is alone not an answer to the problem. That is why Labor has developed a comprehensive cross-portfolio policy that promotes improvements in both dietary and exercise habits.

Labor does believe however that so-called "junk" foods are advertised directly at children with the sole purpose of promoting their consumption, and this must be considered to be irresponsible. In turn, it also has to be seen as irresponsible for those in power not to take action to stop the promotion of the consumption of junk food to children.

Frequently asked questions

• Why are all foods banned? The combined issues of the probability of so-called 'junk' food companies using healthy foods to continue to promote their brand name, and the difficulty of policing bans on specified foods and potential loopholes means that a blanket ban which excludes responsible health promotion messages is considered to be the only viable option.
• When should bans apply? using current industry standards these bans will be applied to all C (children) and P (preschool) classified programs, and to G (general) classified programs that are, as defined by the ABA, clearly aimed primarily at children. 

• Free speech: the issue of free speech was raised when Labor introduced a ban on tobacco advertising. In response Dr Stephen Martin, Member for Macarthur and Parliamentary Secretary to the Minister for Foreign Affairs and Trade, in the second reading speech said:

        "We are reminded by the recent decision of the High Court that free speech is a value fundamental to Australia. Serious consideration must therefore be given to any restrictions on free speech, including commercial free speech. However, tobacco advertising is a clear case of where restrictions on speech are appropriate in light of the need to protect the community's health, especially the health of its children."                                (16 ^th December 1992)

The key issue here is that this ban is being enforced to protect the health of Australian children by taking pro-active action so obviously this argument applies equally to the current proposal.