Alcohol Advertising Prohibition Bill

Part 1-Preliminary

1. Title

This Act may be cited as the Alcohol Advertising Prohibition Act 2020.

2. Title

This Act comes into force 60 days after receiving Royal Assent.

3. Purpose

The purpose of this Act is to place a ban on Alcohol Advertising, including but not limited to printed advertisements and televised advertisements.

4. Interpretations

In this Act—

“alcohol advertisement” means any writing, still or moving picture, sign symbol or other visual image, audible message or any combination of two or more of those things that gives publicity to—

• (a) alcohol consumption, or
• (b) the purchase or use of an alcoholic product;

“commencement day” means the day on which this Act comes into force;

“relevant body” means a body corporate or partnership (wherever incorporated or formed);

Part 2 - Alcohol Advertising not to be televised

5. Offence for televised Alcohol Advertising

(1) If a relevant body broadcasts an alcohol advertisement on television in New Zealand it commits an offence.

(2) A relevant body commits an offence if it broadcasts an alcohol advertisement on television in New Zealand rated for children or pre-schoolers at—

• (a) the ad breaks during the show,
• (b) immediately before or after the shows, or
• (c) on dedicated subscription children’s channels.

6. Punishment for televised Alcohol Advertising

(1) A relevant body that commits an offence under this section is liable—

• (a) on conviction on indictment, to a fine;
• (b) on summary conviction, to a fine;

Part 3 - Alcohol Advertising not to be published

7. Offence for published Alcohol Advertising

(1) A relevant body commits an offence if it—

• (a) publishes an alcohol advertisement in New Zealand on or after the commencement day,
• (b) authorises or causes an alcohol advertisement to be so published.

8. Punishment for published Alcohol Advertising

(1) A relevant body that commits an offence under this section is liable—

• (a) on conviction on indictment, to a fine;
• (b) on summary conviction, to a fine;

Part 4 - Alcohol Advertising not to be published electronically

**9. Offence for electronically published Alcohol Advertising

(1) A relevant body commits an offence if it publishes an alcohol advertisement electronically in New Zealand.

**10. Punishment for electronically published Alcohol Advertising

(1) A relevant body that commits an offence under this section is liable—

• (a) on conviction on indictment, to a fine;
• (b) on summary conviction, to a fine;

11. Exemption to Section 9

(1) A relevant body has not committed an offence under this section if:

• a) the advert is targeted at 18 rated content only or
• b) the advert is targeted at 18 year-olds and older only

12. Interpretations for Part 4

(1) In this section "targeted" means that the advert is displayed to specific audiences or on specific content based on demographics or content rating.

Explanatory Note

General policy statement

This bill is designed to place a ban on Alcohol Advertising, both on Television and in Print to try and help the prevention of alcoholism, as well as trying to prevent the influencing of our children to believe alcohol is helpful to them.

Section by section analysis

• Section 1 is the title section
• Section 2 is the commencement section. It provides for the bill to come into force 60 days after it receives Royal Assent.
• Section 3 is the purpose section
• Section 4 is the interpretation section
• Section 5 outlines how a body can offend for a televised Alcohol Advertisement
• Section 6 outlines the punishment for offending Section 5
• Section 7 outlines how a body can offend for a published Alcohol Advertisement
• Section 8 outlines the punishment for offending Section 7
• Section 9 outlines how a body can offend for an electronically published Alcohol Advertisement
• Section 10 outlines the punishment for offending Section 9
• Section 11 outlines an exemption to Part 4
• Section 12 provides an additional interpretation to Part 4

B.331 - Alcohol Advertising Prohibition Bill is sponsored by /u/Anacornda (Mana Hapori) as a PMB.

Debate will conclude at 6 PM, 21/09/2020.