Childhood Obesity

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16 June 2004 - Labor to introduce children's "junk" food advertising ban

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 children1. 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.

Ř 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.

Clearly, all C and P children are targeted directly at children and should therefore be subject to the ban. To apply the ban across the whole of the G classification is not recommended however as this classification is very broad with many G programs targeting older teenagers and adults. There are however many G Classified programs that are clearly targeted at children and to which these bans should apply.

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." (16th 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.