Scotland - Restricting alcohol advertising and promotion: consultation

On Thursday (17^th November), the Scottish Government published a new consultation seeking views on potential further restrictions to alcohol advertising and promotion in Scotland.

The Scottish Government are inviting responses to this consultation by 9 March 2023.

The new proposed restrictions span across several areas including:

• Sport and events sponsorship:
• Prohibit alcohol-branded sports merchandise, including sponsorship on replica kits.
• Offer accreditation to sports venues which are more family-friendly. This entails reducing the alcohol advertising on display, placing limits on the number of alcoholic drinks a person can buy, and hosting at least six alcohol-free sporting events per year.
• During televised sporting events, footage of crowds should avoid close shots of people drinking alcohol.
• Outdoor and public spaces marketing:
• Prohibit alcohol marketing on billboards and posters near to schools, nurseries and playgrounds, and on public transport vehicles, stops and stations
• In-store alcohol marketing:
• restricting window displays of alcohol,
• restricting the use of mixed alcohol and non-alcohol aisles,
• prohibiting aisle-end displays of alcohol,
• redefining the alcohol display area, and/or
• covering alcohol behind till areas similar to tobacco.
• structural separation of alcohol in Scotland to reduce the visibility of alcohol in off-trade settings (e.g. supermarkets)
• Brand-sharing and merchandise:
• prohibit the free distribution of alcohol-branded merchandise in Scotland
• potential alcohol marketing restrictions applied to no-or low drinks products between 0% ABV and 1.2% ABV, where these carry the same brand name, or identifiable brand markings, as alcohol drinks over 1.2% ABV.
• Print Advertising:
• prohibit advertising of alcohol in newspapers and magazines
• Online Marketing:
• restrict alcohol-branded social media channels and websites in Scotland
• restrict paid alcohol advertising online in Scotland
• Examples include adverts appearing on websites, via pop-ups on social media platforms, on search engines, or influencer advertising.
• restrict alcohol companies from sharing promotional content on social media (e.g. filters, videos or posts) – whether this is produced by them or by consumers.
• Television and Radio (NB. Scottish Government may not have sufficient power to restrict advertising on television or radio in Scotland and may need to work with the UK Government to take action.):
• prohibiting alcohol advertising on television and radio completely
• introduce a watershed for alcohol advertising on TV and radio
• restrict advertising in cinemas.

In respect of the content of any permitted advertisement, the Scottish Government have considered the Estonia example where content restrictions were introduced.

The Scottish Government are consulting on the possibility of adopting a similar factual limit on alcohol advertisement.  In Estonia,  adverts can only contain the following permitted characteristics:

• Product name
• Product type
• Manufacturer’s name
• Trademark
• Country of origin
• Geographical area produced in
• Alcohol volume
• Image of sales packaging
• Properties (colour, aroma, taste)
• Serving suggestion

According to the Consultation document, Information contained in advertising of alcohol (in Estonia) must be focused on the product and be presented neutrally. The design of information presented in advertising shall not:

• contain a living being, a picture or image in any manner, except for human voice;

• contain an animated image of inanimate objects;

• incite to buy or consume alcohol;

• depict the serving or consumption of alcohol;

• link alcohol to any important dates, events, activities or seasons;

• otherwise leave an impression that alcohol is a natural part of life and that consumption of alcohol has a positive effect;

• link alcohol to driving;

• place emphasis on high ethanol content as being a positive quality of beverages;

• imitate the voice of well-known persons or characters or the voice of persons or characters known from films, television, music or entertainment programmes or events directed principally at children.