11.3.3 Review of the Tobacco Advertising Prohibition Act
A review of the TAP Act was announced by Trish Worth, Parliamentary Secretary to the Federal Minister for Health and Ageing on May 31, 2002. An in-depth submission to the Australian Government Department of Health and Ageing review by the Cancer Council Australia (supported by other health groups) outlined that while the TAP Act had been successful in limiting public exposure to traditional forms of tobacco advertising, it had been less effective in countering other forms of marketing.10 These 'below-the-line' forms of tobacco marketing included social networking sites, sales promotions at public events, point-of-sale advertising, 'guerrilla marketing' and text-message promotions.11
During the time of the review, the Senate Community Affairs Legislation Committee issued a report, Tobacco Advertising Prohibition, in September 2004, which recommended that changes be made to strengthen the TAP Act, particularly in the areas of film, internet and misleading promotions.12 The Tobacco Advertising Prohibition (Film, Internet and Misleading Promotion) Amendment Bill 2004 served as a proposed draft of these changes. The objectives of the bill were to:13
ensure that the intent and operation of the TAP Act maintained pace with technological advances in advertising and remained current and effective by adding Internet advertising to the means of tobacco advertising which are prohibited
prohibit the offering for sale of tobacco products on the Internet
prohibit the use of certain words in advertising which are misleading, deceptive and are not conducive to public health.
In 2005 the Australian Government Department of Health issued a response to the 2002 review and concluded that the TAP Act was currently working well to protect the Australian public from advertising messages and the gains made by making amendments to the Act would be insignificant.14 As a result, no changes to the TAP Act resulted from the review.
11.3.4 National Preventative Health Strategy
The launch of the National Preventative Health Strategy on 1 September 2009 by the Minister for Health and Ageing, the Hon. Nicola Roxon MP, offered another opportunity to recommend significant changes to the TAP Act. The Strategy provides a blueprint for tackling the burden of chronic disease caused by obesity, tobacco and excessive consumption of alcohol. It is directed at primary prevention and addresses all relevant arms of policy and all available points of leverage, in both the health and non-health sectors. The Strategy comprises three parts: an overview; a roadmap for action; and technical papers focused on the three key areas of obesity, tobacco15 and alcohol.