Credit: Alicia Christin Gerald via Unsplash.
Broadcasters, alcohol industry bodies and advertising regulators, revealing data showing falling advertising spend, see no reason to change the rules on television commercials.
They have told the Australian Communications and Media Authority (ACMA) the current alcohol advertising rules on free-to-air TV shouldn’t be changed and a binding program standard is not needed, AdNews can reveal.
Free TV Australia argues tighter regulation is unnecessary, pointing to SMI figures showing a 40% fall in alcohol advertising on commercial television since 2019, low complaint numbers and research showing most alcohol exposure during live sport sits outside broadcaster control.
Submissions to ACMA's review of alcohol advertising restrictions in the Free TV Code closed on April 30 and the regulator is expected to publish findings by mid-2026, including whether it will move forward and draft a program standard.
The review was triggered after the ACMA rejected Free TV Australia's proposed code revision in June last year, which would have extended alcohol advertising hours by around 800 hours a year.
“After careful consideration the ACMA has decided not to register the revised code,” the ACMA said in a statement.
“Based on evidence obtained during the code review process the ACMA is not satisfied that the revised code would provide appropriate community safeguards.”
Health groups used that consultation to press longstanding concerns about the sports exemption. The ACMA opened the review in response.
Free TV's 39-page submission is one of the most data-heavy that was lodged.
It commissioned sports research firm Gemba to audit more than 18 hours of live AFL, NRL and A-League Men broadcasts across channels Seven, Nine and Ten.
Broadcaster-sold alcohol advertising accounted for just 9.4% of total alcohol brand exposure during those matches.
The remaining 90.6% came from other avenues such as perimeter LED signage, team apparel, interview backdrops and club sponsorship arrangements outside broadcaster control. Exposure that stays on screen regardless of any restriction on broadcast advertising.
The Australian Association of National Advertisers (AANA) backed that position.
A program standard under section 125 of the Broadcasting Services Act could only ever capture a fraction of alcohol marketing.
The existing ABAC and AANA codes already apply across all platforms.
Adding a federal standard risks regulatory gaps, local or out-of-home advertising could fall outside scope, while adding complexity to a system already spanning multiple codes and regulators.
The AANA said ABAC pre-vetters reviewed 2,766 alcohol ads in 2025 and blocked 282 from going to market.
The AANA did identify one area where it supports change.
The Free TV Code's definition of a commercial for alcoholic drinks is narrower than the ABAC and AANA standards, meaning some branded alcohol integrations, products appearing in-program, can fall outside its scope.
The AANA called for the definitions to be aligned.
Industry group Alcohol Beverages Australia opened with an surprising concession, it opposed the proposed expansion of alcohol advertising hours that triggered the review.
The ABA then argued the existing framework is working and a program standard would deliver no additional benefit, pointing to a 2024 review published in Addiction finding insufficient evidence alcohol marketing restrictions reduce overall consumption.
From a broadcaster point of view, SBS raised a concern specific to its own position.
SBS incorporates the Free TV Code by reference in its own code, meaning any change the ACMA makes will flow through to a broadcaster already limited to five minutes of advertising per hour.
Its inventory is not fully booked, so lost alcohol revenue can't simply be replaced from other categories. SBS called for additional government funding if restrictions are tightened.
SBS also pointed to its own opt-out data.
Of SBS On Demand users who activated the ad opt-out feature, 80% blocked gambling advertising, 11% chose fast food and 9% selected alcohol.
Ad Standards, which runs the complaints system, said alcohol advertising complaints represented less than 4% of total complaints in 2025.
Less than 1% concerned alcohol on free-to-air or broadcaster video-on-demand. Its community panel assessed zero alcohol ads from free-to-air television across the year.
Meanwhile, the health sector has an opposing view.
The Australian Medical Association (AMA) argues the current code is failing to protect the community, with weak time restrictions, broad sports exemptions and loopholes exposing children and families to alcohol advertising.
It wants the ACMA to replace industry self-regulation with a binding program standard covering free-to-air television and broadcaster-owned streaming services, and to strip the sports exemption.
The dispute is as methodological as it is regulatory. Health advocates cite polling showing strong public support for tighter rules.
The industry counters those surveys that test alcohol advertising in isolation. Free TV commissioned Resolve Strategic to survey 5,000 Australians in March and found alcohol consumption ranked last of 19 social issues tested.
Shown a description of the current rules including the sports exemption, 78% said they should stay the same.
The legal question for the ACMA is whether it has convincing evidence the threshold in section 125 of the Broadcasting Services Act, that the current code is failing.
Free TV argues it doesn't, and that the code review process is the right response if the ACMA disagrees, not a program standard it describes as a measure of last resort.
If the ACMA proceeds to a draft standard, a further round of public consultation follows before any rules take effect.
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