Broadcasting Services Amendment (Healthy Kids Advertising) Bill 2024

High-Level Summary
The Broadcasting Services Amendment (Healthy Kids Advertising) Bill 2024 seeks to prohibit the marketing of unhealthy foods on television, radio, and online services, aiming to protect children from exposure to such marketing.

Summary
The bill amends the Broadcasting Services Act 1992 to include new provisions that prohibit the broadcasting of unhealthy food marketing content on television and radio between 6:00 am and 9:30 pm. It extends these prohibitions to online services at all hours, affecting narrowcasting and subscription services. 'Unhealthy food' is defined according to the National interim guide to reduce children’s exposure to unhealthy food and drink promotion, with additional foods potentially defined by the Minister. The bill imposes penalties of up to $550,000 or 5% of turnover for large corporations in violation of these rules. The Australian Communications and Media Authority (ACMA) will review the bill's operation four years after enactment, with a provision for public consultation. From the explanatory memo:
The bill aims to achieve a comprehensive ban on unhealthy food marketing, for the purpose of protecting individuals, and in particular children, from exposures to unhealthy food marketing.

Argument For
Normative Bases
  1. Non-Discrimination
  2. Health

The bill should be supported because it aims to protect children, a vulnerable group, from the pervasive influence of unhealthy food marketing. Such marketing contributes significantly to unhealthy dietary habits, leading to obesity and other chronic diseases that affect children's long-term health outcomes [Judgment]. Aligning with international standards, the bill reflects Australia's commitment to public health and the reduction of non-communicable diseases among children. The prohibition also aligns with recommendations from the World Health Organization, emphasizing the government's role in policy development to safeguard children's health.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection

While the bill's intentions are commendable, it may be argued that it imposes on the freedom of expression for broadcasters and advertisers. Commercial entities might view the restrictions as overly broad, potentially stifling legitimate marketing activities that could be better addressed through targeted educational campaigns or parental controls [Judgment]. Additionally, the definition of 'unhealthy food' as determined by governmental or ministerial instruments could result in arbitrary or inconsistent categorization, leading to challenges in enforcement and compliance.


Date:

2024-11-18

Status:

Not Proceeding

Sponsor:

SCAMPS, Sophie, MP

Portfolio:

Unspecified

Categories:

Media / Advertising, Healthcare, Consumer Protection

Timeline:
18/11/2024
28/03/2025

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