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The Parliament of the Commonwealth of Australia

SENATE STANDING COMMITTEE ON SOCIAL WELFARE

Report on Ethics in Wine Promotion

November 1978

Brought up and ordered to be printed 23 November 1978

Parliamentary Paper No. 328/1978

THE SENATE

STANDING COMMITTEE ON SOCIAL WELFARE

Report

on

Ethics in Wine Promotion

November 1978

Printed by C. J. T h o m p s o n , Commonwealth Government Printer, Canberra

MEMBERS OF THE COMMITTEE

Senator Peter Baume

Senator N.T. Bonner

Senator R.C. Elstob

Senator D. J. Grimes

Senator J.I. Melzer

Senator M.S. Walters

(New South Wales),

(Queensland)

(South Australia)

(Tasmania)

(Victoria)

(Tasmania)

Chairman

Secretary

R.G. Thomson, The Senate, Parliament House, Canberra.

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ETHICS IN WINE PROMOTION

In October 1977, the Senate Standing Committee on Social

Welfare, in its report Drug Problems in Australia- an

intoxicated society?, made specific recommendations to end

the advertising of alcoholic beverages. At the same time,

the Committee noted the existence of several voluntary codes

under which advertisements were limited and controlled. The

report was the outcome of an inquiry conducted under a

reference from the Senate requiring the Committee to exercise

a continuing oversight of relevant aspects of the report of

the Senate Select Committee on Drug Trafficking and Drug Abuse

presented in 1971.

It was against this background that the Committee's

attention was directed to a film produced by the Australian

Wine Board which appeared to breach standards contained in

the Voluntary Code for Advertising of Alcoholic Beverages

(Reworded Industry Code) adopted by the Australian Wine and

Brandy Producers1 Association Inc., a copy of which was

supplied to us by the Board, and in the Voluntary Code for

Advertising of Alcoholic Drinks adopted by the Media Council

of Australia. Since the Board is a statutory authority of

the Commonwealth, the Committee has decided to acquaint the

Senate with its concern about the matter.

The film was produced by Fontana Films Pty Ltd, of Sydney,

for the Australian Wine Board and is entitled 1Drink No Longer

Water1. It is composed of a series of acted scenes. The

Committee viewed the film, which was described as a documentary,

on 12 September 1978 and later examined written material

1

supplied by Mr Robert Mayne, National Promotions Manager for

the Board. Mr Mayne* s letter is attached as Appendix 1.

The functions of the Australian Wine Board, as set

out in section 16 of the Wine Overseas Marketing Act 1929-1973,

are, inter alia, to promote the sale of wine and brandy. The

full terms of the section appear as Appendix 2 at the end of

this report. The Board is funded by a levy on winemakers

which yielded it $1,102,538 in 1977-78. In addition, it

receives in each financial year an export market development

grant based on overseas promotional expenditure incurred

during the previous financial year. The grant amounted to

$92,398 in 1977-78. The Board's interim report for 1977-78

shows that expenditure on the film was $17,000 in 1976-77 and

$35,748 last financial year - a total of $52,748.

The Australian Wine Board asserts that 8Drink No Longer

Water* is not an advertisement and therefore is not subject

to the provisions of the voluntary advertising code. Nor is

it a feature film subject to normal film censorship.

The film makes little attempt to portray the use of wine

in a responsible fashion, although it does show a family group

taking wine with a meal. On the whole, the film appears to

breach several provisions of the voluntary codes for advertising.

It does seek increased consumption of alcohol, in contravention

of article 4 of the Media Council voluntary code. The

Committee notes that there is no corresponding provision in

the Wine and Brandy Producers8 Association code to state that

advertisements should not aim at increased consumption of

alcohol.

2

The film derides temperance by using the following

quotations:

No poems can please for long or live that are written by water drinkers. (Horace)

A mind of the calibre of mine cannot derive its nutriment from cows. (George Bernard Shaw)

In so doing, it breaches article 5 of the Association code

and article 6 of the Media Council code. The film emphasises

sexual success in association with wine drinking, and breaches

article 6 of the Association code and article 7 of the Media

Council code. To emphasise part of its message, it also uses,

albeit lightheartedly, a violent situation in which three men

are shot.

The Committee was informed that 8Drink No Longer Water’

is being shown in public cinemas with another film suitable

for young audiences. The Board has also stated that its film

is aimed at 1 a light-to-non wine user market1. In our view,

the film has been prepared in a way that will appeal most

particularly to young audiences. It also possibly breaches

articles 1 and 9 of the Association code and articles 1 and 10

of the Media Council code.

Because of these real and probable inconsistencies with

the two voluntary codes, the Committee doubts whether this

film is suitable for use by the Australian Wine Board.

There are several codes for the advertising of alcoholic

beverages of which the Committee has particulars. The voluntary

24054/79-3

3

codes adopted by the Media Council of Australia, by the

Australian Wine and Brandy Producers' Association Inc. and by

the Wine Institute of California are attached as Appendixes

3 to 5. A new code adopted by the Wine and Brandy Producers6

Association on 18 October 1978, and just received by the

Committee from the Association, is attached for information as

Appendix 6, but is not referred to elsewhere in the text of

this report.

The Wine Institute is the trade association of Californian

wine producers and has 262 members. The Institute's code, in

some respects, is stronger than either of the Australian codes

attached to this report. For example, it specifically

prohibits any depicting of the use of wine in association with

feats of daring or activities requiring unusual skill. It

does not allow the use of wine to be directly associated with

social, physical or personal problem solving. Nor does it

allow the use of music, language, gestures or cartoon

characters specifically associated with or directed toward those

under the legal drinking age, or the presentation of wine as

associated with the attainment of adulthood. The Californian

code does not permit advertising which suggests that a wine

product resembles or is similar to another type of beverage

or product - such as milk, soda or candy - having particular

appeal to persons below the legal drinking age. It does not

allow the use of amateur or professional sports celebrities or

individuals engaged in activities having particular appeal to

persons below the legal drinking age. Another requirement is

that wine advertising shall not exploit the human form, feature

provocative or enticing poses or be demeaning to any individual.

4

We believe that the Australian codes ought to be strengthened

in respect of all these matters.

Any film produced in Australia must be registered and

given a classification if it is to be shown in a public cinema

registered under State or Territory law. By agreement, the

States have delegated to the Chief Censor of the Commonwealth

Film Censorship Board the task of registering and classifying

films, including documentaries, which are to be exhibited in

public cinemas. The system of classification is uniform

throughout the States and Territories.

The Chief Censor’s office was unaware of the film before

the Committee made inquiries relating to it on 16 November 1978,

and did not know that it had been showing in public cinemas

without the registration and classification procedures having

been complied with. We wonder how this film could have been

accepted by cinemas for public exhibition without compliance

with the proper procedures. In view of what the Chief Censor

has said, the Committee is concerned about the misrepresentation

contained in the following sentence of the letter received

from the National Promotions Manager of the Australian Wine

Board:

Mr Kabriel informs me that because of its documentary nature, no censorship process was required and so it was given no rating.

The Committee considers that, but for its inquiries, the

Australian Wine Board might never have submitted 1 Drink No

Longer Water* for registration and classification. The

5

Film Censorship Board called for and viewed the film as a result

of our intervention and has determined that it be registered

and classified 8NRC8 (not recommended for children). This is

an advisory classification warning that persons under 12 years

of age should not be allowed to view it.

The film is considered by the Film Censorship Board to be,

not a documentary, but a promotional film. The Board reserves

the description 8documentary1 for a production which is not

composed substantially of acted scenes and which the Board

therefore considers to be non-dramatic.

The meaning of 6 documentary* according to the Shorter

Oxford English Dictionary, is:

a film in which natural characters or objects are used for educational or instructional purposes.

On our viewing of the film, to describe it as a documentary is

to make an inapt and misleading choice of words. This film

is not a documentary. Its only instructional feature is the

information that there are moselle, riesling, rose, burgundy

and claret varieties of table wines. However, the

descriptions of these are subjective and whimsical, moselle

being described as sweet and young, and white burgundy as

experienced and confident, for example. No attempt is made

to say why the various wines are different from one another,

except to imply that each has its own time of day when it will

bring sexual success. Piquant, perhaps, but not instructional' .

6

It is true that this film is not a paid advertisement,

but, in accordance with the prescribed functions of the

Australian Wine Board, its whole thrust is to promote table

wine and increase its use. The Committee is concerned at

the methods chosen by a Commonwealth statutory corporation

to promote the use of wine, especially when the material

employed includes repeated disparagement of temperance and

abstinence and relies heavily on sexual themes. The

Committee’s views on the use of these methods in the

advertising of alcohol were made clear in our previous

report.

The community has every right to expect that its

Government, in the sponsorship of various activities, will

set the lead and be responsible in adhering to community

standards. The Committee RECOMMENDS:

1. That the Commonwealth Government develop

guidelines to cover the production, by all

its departments and statutory authorities,

of promotional material however described.

2. That the Australian Wine Board, as an interim

measure and of its own volition, adopt, as

the standard to which all its future promotional

efforts shall conform, one of the voluntary

codes for the advertising of alcoholic drinks

attached as appendixes to this report.

7

3. That the Australian Wine Board ensure that, in

future promotional activities, it complies with

all relevant laws and regulations.

4. That the Media Council of Australia address

itself to the need for promotional material to

be better defined, and adopt a comprehensive

code to cover all such material however described.

PETER BAUME Chairman

The Senate, Canberra. November 1978.

8

APPENDIX 1

AUSTRALIAN WINE BOARD

October 3, 1978

Dear Senator Baume,

When I spoke to your committee and showed the film Drink No

Longer Water in Canberra on September 12 I undertook to check

certain things and write to you.

1. Funding of the Wine Board. As I mentioned the Board is a

Statutory Corporation of the Commonwealth Government,

established under the provisions of the Wine Overseas

Marketing Act 1929. S 16 of this act says, in part, that the

Board is empowered to "do such things as it thinks fit for

the purpose of improving the quality and promoting the sale,

whether in Australia or elsewhere, of wine and brandy.... "

You expressed the opinion that this meant we could promote

foreign wines or brandy. I assure you that the Board's

activities are aimed entirely at promoting the quality and

sale of Australian products, internally and overseas.

The Commonwealth imposes a winegrape levy on winemakers who

crush more than 10 tonnes of winegrapes; our 1976-77 annual

report (enclosed), which was tabled in the Federal

Parliament by the Minister for Primary Industry, indicates

that the levy of $2.40 per tonne of winegrapes raised

$1,041,692; this money is paid into Consolidated Revenue and

9

the same amount is made available to the Australian Wine Board by the Treasury.

The Board pays no income tax but has no sales tax exemption.

The annual report details how the levy funds were spent.

2. Censorship. Drink No Longer Water was made by Mr Ric

Kabriel of Fontana Films, Sydney, for the Board. Mr Kabriel

informs me that because of its documentary nature, no

censorship process was required and so it was given no

rating. The Media Council of Australia advises that as it is

not an advertisement, they have no professional interest in

viewing it.

3. The Guidelines for the film. Guidelines for the film's

making were supplied to Mr Kabriel by the Board's National

Promotions Committee. Committee members were aware of the

need to conform to acceptable standards. Mr Kabriel was

informed of this and the committee believes that the film is

in good taste and conforms to the general standards of

contemporary documentary films.

4. Industry advertising code. I attach a copy of the existing

Australian Wine & Brandy Producers' Association Industry

Voluntary Code for the Advertising of Alcoholic Beverages,

registered with the Trade Practices Commission. I would

again point out that our film is not a paid advertisement

but a documentary film showing on the cinema circuit.

5. Quotes used in Drink No Longer Water. The title comes from

"Drink no longer water, but use a little wine for thy

stomach's sake and thine often infirmities." (First Epistle

of St Paul to Timothy, Chapter 5, verse 23). The first two

thirds of this (ending at "sake") are used as a voice-over

at the beginning of the film.

10

"No Poems can please for long or live that are written by water drinkers." Horace.

"A Mind of the calibre of mine cannot derive its nutriment from cows." George Bernard Shaw.

I hope this information is satisfactory. Please contact me if

you require anything further.

Sincerely,

ROBERT MAYNE,

National Promotions Manager.

Senator Peter Baume,

Chairman,

Senate Standing Committee on Social Welfare,

Parliament House,

CANBERRA, 2600 .

E n d s

APPENDIX 2

Wine Overseas Marketing Act 1929-1973

Section 16:

The Board may -(a) do such things as it thinks fit for the

purpose of improving the quality or

promoting the sale, whether in Australia

or elsewhere, of wine or brandy; and

General powers and functions of Board,

(b) make arrangements, with other persons,

authorities or associations in Australia

or elsewhere, likely to be conducive to

the achievement of such a purpose.

12

APPENDIX 3

VOLUNTARY CODE FOR ADVERTISING OF

ALCOHOLIC DRINKS*

1. Advertisements for alcoholic drinks should be directed only

to the adult audience.

2. Normally children should not be portrayed in an

advertisement for drink; however in a scene where it would

be natural for them to be present (e.g. a family situation

or in a crowd or other scene, where the background is not

under the control of the advertiser) they may be included

provided that it is made clear that they are not drinking

alcoholic beverages.

3. Anyone shown drinking in any advertisement shall be

obviously above the legal drinking age.

4. Advertisements should be directed to effect a change in the

share of the total market for alcoholic drinks and they

should not aim at increased consumption of alcohol.

5. Advertisements should do no more than reflect people

drinking responsibly in natural situations.

6. It is legitimate to show persons preferring or enjoying a

particular kind or brand of alcoholic drink, but advertise­

ments should not imply that success or social distinction

accompanies drinking alcohol.

7. Advertisements should neither claim nor suggest that the

drinking of alcohol can contribute towards sexual success.

8. Advertisements for alcohol will not show people drinking in

work situations.

13

9. Except in advertisements designed to educate consumers,

characters may never be portrayed as both drinkers and

drivers within an advertisement.

10. Advertisements should not 'dare1 people to try a particular

drink to imply that they will 1 prove1 themselves in some way

if they accept the 1 challenge1 offered by the drink.

11. Inducements to prefer specific brands within the market for

alcoholic drinks, because of their high alcohol content,

shall not be used.

12. No advertising of alcoholic drinks should encourage over­

indulgence. *

* Media Council of Australia, Voluntary Codes of Advertising

Practice.

14

APPENDIX 4

AUSTRALIAN WINE AND BRANDY PRODUCERS' ASSOCIATION INC.

VOLUNTARY CODE FOR ADVERTISING OF ALCOHOLIC BEVERAGES

REWORDED INDUSTRY CODE

As detailed in Correspondence dated 10/6/77 to Dr Drew

1. Advertisements for alcoholic beverages should be directed

only to the adult audience.

2. Normally children should not be portrayed in an

advertisement for alcoholic beverages; however, in a scene

where it would be natural for them to be present (e.g. a

family situation or in a crowd or other scenes, where the

background is not under the control of the advertiser), they

may be included provided that they are not, nor is it

inferred that they are, drinking alcoholic beverages.

3. No one shown consuming alcoholic beverages in any advertise­

ment shall be under 25 years of age.

4. When advertisements depict people consuming alcoholic

beverages those people should be depicted consuming those

alcoholic beverages responsibly.

5. It is legitimate to show persons preferring or enjoying a

particular kind or brand of alcoholic beverage, but

advertisements should not imply that success or social

distinction accompanies consumption of alcoholic beverages.

6. Advertisements should neither claim nor suggest that the

consumption of alcoholic beverages can contribute towards

sexual success.

7. Advertisements for alcoholic beverages will not show people

drinking in work situations.

15

8. Except in advertisements designed to educate consumers,

characters may never be portrayed as both drinkers and

drivers within an advertisement.

9. Advertisements should not 'dare' people to try a particular

alcoholic beverage to imply that they will 'prove'

themselves in some way if they accept the 'challenge'

offered by the product.

10. Inducements to prefer specific brands within the market for

alcoholic beverages, because of their high alcohol content,

shall not be used.

11. No advertising of alcoholic beverages should encourage over

indulgence.

16

APPENDIX 5

WINE INSTITUTE, CALIFORNIA - CODE OF

ADVERTISING STANDARDS

PREAMBLE

Informal principles of good advertising practice for the

winegrowing industry were first adopted in 1949. In recent

years, it has become evident that more specific and

significantly stronger standards are desired by wine advertisers

to reflect the industry's concern with maximum social

responsibility. This code is designed to encourage continued

high standards so that wine advertising may increasingly be

viewed as a positive contribution to society.

April 1978

GUIDELINES. These guidelines shall apply only to the voluntary

subscribers to this Code of Advertising Standards.

1. A distinguishing and unique feature of wine is that it is

traditionally served with meals or immediately before or

following a meal. Therefore, when subscribers to this code

use wine advertising which visually depicts a scene or

setting where wine is to be served, such advertising shall

include foods and show that they are available and are being

used or are intended to be used.

This guideline shall not apply to the depiction of a bottle

of wine, vineyard, winery, label, professional tasting,

etc., where emphasis is on the product.

2. Wine advertising should encourage the proper use of wine.

Therefore, subscribers to this code shall not depict or

describe in their advertising:

17

(a) The consumption of wine for the effects its alcohol

content may produce.

(b) Direct or indirect reference to alcohol content or

extra strength, except as otherwise required by law or

regulation.

(c) Excessive drinking or persons who appear to have lost

control or to be inappropriately uninhibited.

(d) Any suggestion that excessive drinking or loss of

control is amusing or a proper subject for amusement.

(e) Any persons engaged in activities not normally

associated with the moderate use of wine and a

responsible life-style. Association of wine use in

conjunction with feats of daring or activities

requiring unusual skill is specifically prohibited.

(f) Wine in quantities inappropriate to the situation or

inappropriate for moderate and responsible use.

3. Advertising of wine has traditionally depicted wholesome

persons enjoying their lives and illustrating the role of

wine in a mature life-style. Any attempt to suggest that

wine directly contributes to success or achievement is

unacceptable. Therefore, the following restrictions shall

apply to subscribers to this code:

(a) Wine shall not be presented as being essential to

personal performance, social attainment, achievement,

success or wealth.

(b) The use of wine shall not be directly associated with

social, physical or personal problem solving.

18

(c) Wine shall not be presented as vital to social

acceptability and popularity or as the key factor in such popularity.

(d) It shall not be suggested that wine is crucial for

successful entertaining.

4. Any advertisement which has particular appeal to persons

below the legal drinking age is unacceptable. Therefore,

wine advertising by code subscribers shall not:

(a) Show models and personalities in advertisements who

appear to be under 25 years of age.

(b) Use music, language, gestures or cartoon characters

specifically associated with or directed toward those

below the legal drinking age.

(c) Appear in children's or juveniles' magazines,

newspapers, television programs, radio programs or

other media specifically oriented to persons below the

legal drinking age.

(d) Be presented as being related to the attainment of

adulthood or associated with "rites of passage" to

adulthood.

(e) Suggest that a wine product resembles or is similar to

another type of beverage or product (milk, soda, candy)

having particular appeal to persons below the legal

drinking age.

(f) Use traditional heroes of the young such as those

engaged in pastimes and occupations having a particular

appeal to persons below the legal drinking age. (For

example, cowboys, race car drivers, rock stars, etc.)

19

5.

(g) Use amateur or professional sports celebrities, past or

present.

Code subscribers shall not show motor vehicles in such a way

as to suggest that they are to be operated in conjunction

with wine use. Advertising should in no way suggest that

wine be used in connection with driving.

6. Wine advertising by code subscribers shall not appear in or

directly adjacent to television or radio programs or print

media which dramatize or glamorize over-consumption or

inappropriate use of alcoholic beverages.

7. Wine advertising by code subscribers shall make no reference

to wine’s medicinal values.

8. Wine advertising by code subscribers shall not degrade the

image or status of any ethnic, minority or other group.

9. Wine advertising by code subscribers shall not exploit the

human form, feature provocative or enticing poses nor be

demeaning to any individual.

All advertising - including, but not limited to direct mail,

point-of-sale, outdoor, displays, radio, television and print

media - should adhere to both the letter and the spirit of the

above code.

Wine Institute

The Trade Association of California

Winegrowers

165 Post Street

San Francisco, California 94108

(415) 986-0878

2 0

APPENDIX 6

VOLUNTARY CODE OF ADVERTISING PRACTICE

FOR PRODUCERS OF AUSTRALIAN WINE AND/OR BRANDY

1. Advertisements for wine or brandy shall be directed only

to adult audiences.

2. Children should not be depicted in advertisements for

wine or brandy except where it would be natural for them

to appear, e.g. in family scenes, background crowds, etc.

and then only when they are not drinking wine or brandy,

nor is it inferred that they are.

3. Anyone shown drinking wine or brandy in any advertisement

shall be above the legal drinking age.

4. Advertisements may be directed to effect an increase in

the brand share of the total wine or brandy market and/or

the wine or brandy share of the total liquor market.

5. Advertisements may reinforce the pleasures of companionship

and social communication associated with wine or brandy

consumption. Such advertisements should reflect people

drinking responsibly.

6. It is legitimate to show people drinking, enjoying or

preferring a particular kind or brand of wine or brandy,

but advertisements should not imply that success or social

distinction is due to drinking.

21

7. Advertisements should not claim or suggest that the

drinking of wine or brandy can contribute towards sexual

success.

8. Advertisements should not suggest that consumption of wine

or brandy offers any therapeutic benefit or is an essential

prerequisite for the release of tension or the relief of

depression.

9. Advertisements should not depict people consuming wine or

brandy immediately before or whilst driving motor vehicles,

boating, swimming or engaging in other activities in which

such drinking is potentially dangerous, or in work

situations.

10. Advertisements should not "dare" people to try a particular

drink, or imply that they will "prove" themselves in some

way if they accept the "challenge" offered by the drink.

11. Inducements to drink specific brands of wine or brandy

because of their higher alcoholic content, shall not be

used.

12. No wine or brandy advertisement should encourage over­

indulgence .

* * *

AUSTRALIAN WINE AND BRANDY PRODUCERS' ASSOCIATION INCORPORATED 47 Greenhill Road, Wayville South Australia 5034 18th October, 1978

22 24054/79— L