CHANNEL Seven Adelaide has asked that a finding that it breached tobacco advertising rules in a 2010 news story about cheap cigarettes entering Australia be quashed.
Advertisement of Marlboro cigarette brand
The Australian Communications and Media Authority found the broadcast breached the Broadcasting Services Act and the Tobacco Advertising Prohibition Act. It found the story constituted an advertisement as it showed the names, trademarks and brands of a cigarette manufacturer.
Channel Seven lodged an application with the Federal Court in New South Wales earlier this week asking the court to quash the decision.
”The [ACMA] should have found that … broadcast material ‘gives publicity’ to a relevant matter only if it promotes or gives positive publicity to such a matter,” Channel Seven’s application stated. It argued it did not contravene the Tobacco Act because the advertisement was not intentional and screening images of tobacco products during a news story was an ”incidental accompaniment”.
”The ACMA will be contesting the proceedings and defending its decision,” spokesman Blake Murdoch said.
Channel Seven declined to comment.
