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ARCHIVED -  Public Notice CRTC 1997-12

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Public Notice

Ottawa, 31 January 1997
Public Notice CRTC 1997-12
AMENDMENTS TO THE RADIO, TELEVISION AND SPECIALTY SERVICES REGULATIONS RESPECTING THE BROADCAST OF ALCOHOLIC BEVERAGE ADVERTISING
The Commission has adopted amendments to the Radio Regulations, 1986, the Television Broadcasting Regulations, 1987 and the Specialty Services Regulations, 1990 (the regulations) concerning the broadcast of alcoholic beverage advertising. The proposed amendments were issued for public comment in Public Notice CRTC 1996-108 which, in turn, was the result of a policy review initiated by Public Notice CRTC 1995-142, in the context of which public comments were also received.
Description of the Changes
1.  Reference to the revised Code for Broadcast Advertising of Alcoholic Beverages.
The amended regulations require compliance with the revised Code for Broadcast Advertising of Alcoholic Beverages, which is dated 1 August 1996. This Code was revised to correct a number of discrepancies and shortcomings that had been noted through its use over the past decade. The newly-revised Code was published as an attachment to Public Notice CRTC 1996-108.
2.  Deletion of the Requirement to Pre-clear Advertising for Alcoholic Beverages
This amendment to the regulations deletes the requirement that all advertisements for alcoholic beverages be submitted to, and assigned an approval number by, the Commission before being broadcast.
In this regard, the Commission notes the Canadian Advertising Foundation's (CAF) commitment to take over the script pre-clearance function for the broadcasting industry.
Broadcasters and advertisers should take note that, commencing 1 February 1997, the Commission will no longer accept advertisement scripts for approval.
3.  Deletion of the Restriction on Who May Sponsor an Alcoholic Beverage Advertisement
Under the terms of the amended regulations, anyone involved in the sale of alcoholic beverages may sponsor an advertisement for these products.
The previous regulations prohibited the broadcast of an alcoholic beverage advertisement unless the sponsor was a brewer, cider-house or distiller.
The Commission reminds broadcasters that all alcoholic beverage advertisements, irrespective of who sponsors them, must adhere to the provisions specified in the Code for Broadcast Advertising of Alcoholic Beverages. Furthermore, all alcoholic beverage advertisements must continue to comply with the regulations that specify that commercial messages must not be designed to promote the general consumption of alcoholic beverages.
Public Comments Received
A total of 32 submissions were received in response to Public Notice CRTC 1996-108. These were from municipal and provincial government representatives, special interest groups involved in issues related to alcohol consumption, alcohol manufacturers, broadcasters and private citizens.
Almost all interveners favoured adopting the revised Code for Broadcast Advertising of Alcoholic Beverages.
A number of submissions, however, opposed the amendments related to the deletion of the requirement to pre-clear alcoholic beverage advertisement scripts, as well as to the deletion of the restriction on who may sponsor alcoholic beverage advertisements. These parties expressed concerns about allowing broadcasters to "self-regulate" on the issue of alcoholic beverage advertising, or to assign this responsibility to the CAF, because of the serious consequences related to the use of alcoholic beverages.
Some interveners also voiced concerns that an overall increase in alcoholic beverage commercials may result from allowing anyone involved in the sale of alcohol to advertise.
The Commission considers that these and other arguments opposing the changes to the regulations generally parallel those submitted in the comments presented in response to Public Notice CRTC 1995-142 and is satisfied that they have been given due and proper consideration by the Commission in revising its regulatory framework for the broadcast of alcoholic beverage advertising in the public interest.
The Commission has, therefore, decided to enact the proposed amendments to the regulations relating to the broadcast of alcoholic beverage advertising.
Date Change for Submission of Reports on Educational Messages Broadcast
As part of its revised framework for the broadcast of alcoholic beverage advertisements, the Commission set out requirements for broadcasters regarding the broadcast of educational messages to inform viewers of the harmful consequences of alcohol consumption.
In order to monitor compliance by broadcasters in this regard, the Commission directed the Canadian Association of Broadcasters, the Canadian Broadcasting Corporation and each licensee of a specialty service programming undertaking (or an organization representing them) to file a report outlining their educational initiatives undertaken each year. These reports were to be filed with the Commission by 31 August of each year.
Since these reports are to include information pertaining to a full broadcast year, which ends on 31 August, the Commission has decided to change the deadline for submission of these reports in order to allow broadcasters the necessary time to gather and assemble the data for the entire year.
The new deadline date for filing reports outlining broadcasters' educational initiatives on alcohol consumption is now 30 November 1997, and 30 November of each year thereafter.
Effective Date of Amended Regulations
The amendments attached to this notice were registered with the Clerk of the Privy Council on 27 January 1997 and came into effect on that same date. They will be published in the Canada Gazette Part II on 5 February 1997.
Allan J. Darling
Secretary General
JUS-96-367-01
(SOR/DORS)
Whereas, pursuant to subsection 10(3) of the Broadcasting Acta, a copy of the proposed Regulations Amending the Radio Regulations, 1986, the Television Broadcasting Regulations, 1987 and the Specialty Services Regulations, 1990, substantially in the annexed form, was published in the Canada Gazette, Part I, on August 10, 1996, and a reasonable opportunity was given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect thereto;
Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Acta, hereby makes the annexed Regulations Amending the Radio Regulations, 1986, the Television Broadcasting Regulations, 1987 and the Specialty Regulations 1990.
Hull, Quebec, January 23, 1997.
___________________
ALLAN J. DARLING
Secretary General
JUS-96-367-01
(SOR/DORS)
REGULATIONS AMENDING THE RADIO REGULATIONS, 1986, THE TELEVISION BROADCASTING REGULATIONS, 1987 AND THE SPECIALTY SERVICES REGULATIONS, 1990
Radio Regulations, 1986
1. Section 4 of the Radio Regulations, 1986 is replaced by the following:
4. (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if
(a)  the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;
(b)  subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and
(c)  the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on August 1, 1996.
(2) Paragraph (1)(b) does not apply so as to prohibit industry, public service or brand preference advertising.
Television Broadcasting Regulations, 1987
2. Section 6 of the Television Broadcasting Regulations, 1987 is replaced by the following:
6. (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if
(a)  the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;
(b)  subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and
(c)  the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on August 1, 1996.
(2) Paragraph (1)(b) does not apply so as to prohibit industry, public service or brand preference advertising.
Specialty Services Regulations, 1990
3. Section 4 of the Specialty Services Regulations, 1990, is replaced by the following:
4. (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage only if
(a)  the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast;
(b)  subject to subsection (2), the commercial message is not designed to promote the general consumption of alcoholic beverages; and
(c)  the commercial message complies with the Code for Broadcast Advertising of Alcoholic Beverages, published by the Commission on August 1, 1996.
(2) Paragraph (1)(b) does not apply so as to prohibit industry, public service or brand preference advertising.
COMING INTO FORCE
4. These Regulations come into force on .
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These amendments, with respect to the broadcast of an advertisement for an alcoholic beverage by a licensee of a radio programming undertaking, a television programming undertaking or a specialty programming undertaking,
(a)  eliminate the restriction as to who may sponsor an advertisement for an alcoholic beverage;
(b)  eliminate the requirement for pre-clearance by the Commission of the script for an advertisement for an alcoholic beverage; and
(c)  incorporate a revised Code for Broadcast Advertising of Alcoholic Beverages.