THE Federal Court has backed the decision by broadcast regulator the Australian Communications and Media Authority that Channel Seven in Adelaide breached its license by broadcasting a news segment about cheap cigarette imports that included shots of tobacco company brands.
A complainant to the ACMA submitted that the footage used during the report “constitutes indirect advertising on behalf of both Coles and the cigarette companies involved''.
The story, which went to air in July 2010, related to Coles supermarkets selling budget German cigarettes, including the Bayside, Harvest, Tradition and Deal brands.
The ACMA ruled that airing the footage contravened the Tobacco Advertising Prohibition Act. Seven challenged the decision in court, submitting that the segment did not intentionally promote the sale of cigarettes.
Justice David Yates rejected this and accepted the ACMA's finding that if “a person means to broadcast material that gives publicity to or otherwise promotes or is intended to promote smoking ... then the intention will be established''.
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He dismissed Seven's challenge entirely and awarded the ACMA costs.
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