Consultation on Restricting Alcohol Advertising and Promotion: Analysis of responses

10 Cinema advertising (Q30 and Q31)

10.1 Section 13 of the consultation paper addressed cinema advertising. It noted that cinema advertising is regulated by the Advertising Standards Authority (ASA) Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code). This restricts alcohol advertising for films assessed as having an assumed audience of at least 25% of people under the age of 18, but means that many children and young people – as well as people in recovery – are still exposed to alcohol advertising in cinemas. The consultation sought views on the introduction of further restrictions to alcohol advertising in cinemas and any exceptions to such restrictions. However, the consultation also noted that the Scottish Government may not have the necessary powers to implement restrictions on this type of advertising; thus, it may need to work with the UK Government in taking forward any new restrictions in this area.

10.2 The consultation asked two questions on this issue on whether alcohol advertising in cinemas should be restricted and, if so, if there should be any exceptions to the restrictions.

Question 30: Do you think alcohol advertising should be restricted in cinemas? [Yes / No / Don't know]

Question 31: If alcohol advertising was restricted in cinemas, what, if any exceptions (e.g. products in scope, times of day or specific movie ratings) do you think should be considered?

Restricting alcohol advertising in cinemas (Q30)

10.3 Question 30 asked respondents if they thought that alcohol advertising in cinemasshould be restricted, as has beendone in countries such as Finland and Ireland. Table 10.1 shows the following:

• Overall, 37% of respondents thought that alcohol advertising should be restricted in cinemas, while 58% thought it should not. The remaining 5% selected 'don't know'.
• Levels of agreement with the proposition were similar for both organisations (35%) and individuals (38%). Levels of disagreement with the proposition were also similar for both organisations (61%) and individuals (58%).
• All public health and third sector organisations (100%) thought alcohol advertising should be restricted in cinemas. By contrast, a large majority of retail and hospitality organisations (90%) and alcohol producers (81%) disagreed with this approach. Around two-thirds of advertising and media organisations (71%) and events and sporting organisations (64%) also disagreed. Among other organisation types, 43% agreed with the suggested approach and 52% disagreed.

Percentages may not total 100% due to rounding.

10.4 In addition, 428 CAMRA 1 campaign respondents indicated that they did not support further restrictions on alcohol advertising in cinemas.

10.5 The pattern of responses to this closed question was different to the patterns seen at other questions in the consultation. In particular, the percentage of respondents in favour of restricting alcohol advertising in cinemas (37%) was substantially higher than the percentage in favour of restrictions in the other settings described in the consultation.

10.6 The analysis of the comments submitted by all respondents (i.e. those who selected 'yes', 'no' and 'don't know') indicated that all respondents were in favour of either (i) a complete ban or (ii) some form of more limited restrictions – although in many cases these more limited restrictions were simply restrictions that people thought were already in place. Thus, the sections below present the views of those in favour of a complete ban on alcohol advertising in cinemas, followed by a discussion of those who thought some restrictions – but not a complete ban – would be appropriate.

Support for a ban on alcohol advertising in cinemas

10.7 All public health and third sector organisations, most academic organisations, a minority of respondents from the 'other organisational types' category, and a substantial minority of individuals said they thought there should be a complete ban on alcohol advertising in cinemas.

10.8 These respondents argued that:

• Cinema visits were a very important and significant part of people's social and cultural life. Those who visited the cinema had no control over what adverts they were exposed to. It was therefore important to ensure that the whole population (including children and young people, and those in recovery, but also the general population) should be protected from exposure to alcohol advertising in cinemas.
• The current regulations which applied to cinema advertising were weak and insufficient. Alcohol advertising was currently permitted in all cases where it was expected that 75% of the audience would be composed of people aged over 18. This did not provide sufficient protection to those aged under 18.

10.9 Some respondents in this group also noted that alcohol product placement within films was an issue that needed to be addressed. They wanted regulations to cover this.

Opposition to a ban on alcohol advertising in cinemas

10.10 Most non-public health organisational respondents and most individuals were opposed to a complete ban on advertising in cinemas.

10.11 The main argument put forward by these respondents was that alcohol advertising in cinemas was already subject to strict regulation and controls, and that any breach of these regulations could result in a serious sanction. Respondents particularly mentioned the codes set by the ASA, the Cinema Advertising Association (CAA), and the British Board of Film Classification (BBFC). In general, this group supported the restrictions which were already in place, made comments in favour of maintaining the status quo, and emphasised the importance of ensuring that the codes already in place are adhered to.

10.12 A small number of these respondents noted that there could be a case for reviewing current arrangements, but they did not want further 'sweeping changes' to be introduced.

10.13 These respondents also set out a range of other arguments (all in line with arguments discussed in relation to earlier questions) as follows:

• Cinemas had been particularly badly affected by COVID, and it was important not to do anything which could compromise their recovery – any loss of revenue in this regard would be damaging. Moreover, any further restrictions could result in economic harm for cinemas run as small businesses.
• The evidence presented in the consultation document was not an accurate reflection of the situation and needed to be challenged. In particular, respondents did not accept that cinema advertising was an important influence on alcohol awareness and alcohol consumption among cinema goers. They also questioned whether alcohol adverts were promoted within the cinema setting to the degree suggested and did not find the evidence in the consultation paper on the effectiveness of further restrictions / bans on cinema advertising from other countries convincing.
• The changes being suggested were reserved to the UK Government and could not be implemented by the Scottish Government acting alone. Respondents thought the UK Government would be unlikely to support further restrictions on alcohol advertising in cinemas.

Exceptions to alcohol restrictions in cinemas (Q31)

10.14 Question 31 then asked respondents for their views on any exceptions if alcohol advertising in cinemas were to be restricted. It highlighted the possibility of restrictions related to product type, times of day, or film ratings.

10.15 Those respondents who were in favour of a complete ban on alcohol advertising in cinemas said that:

• It is easier to enforce a total ban, than to permit exceptions.
• Complete bans have already been introduced in some countries – e.g. in Lithuania, Norway and France. Scotland should follow the lead offered by these countries.

10.16 Occasionally respondents in this group said that if a complete ban did not prove to be possible, then they could accept the banning of all alcohol advertising for all films except those with an adult (over 18) rating as a compromise. This was seen as an absolute minimum requirement from their perspective.

10.17 By contrast, those who opposed a complete ban on alcohol advertising in cinemas generally said they did not support any further restrictions. However, they also said repeatedly that alcohol advertising should only be allowed for films which were aimed at audiences aged 18 or over or which had been given an 'X-rated' or 'adult-rated' or 'over-18' rating. A wide range of these respondents believed this was already the case given the codes currently in place; but those who were unsure, or who thought the question implied this was not currently the case, were in favour of this kind of restriction being introduced.