[Intl-tobacco] EU: Tobacco Bill may affect broadcasting (fwd)

[Robert Weissman]

Tobacco Bill may affect broadcasting
by Johnny Watterson
Source: Irish Times, Thursday, 3/1/01

MOTOR RACING/Formula One: The broadcasting of Formula One motor racing by
RTÉ television and plans contained in a Bill from the Department of Health
could bring the two bodies into dispute over tobacco sponsorship in the
sport.

The Department, in a new Public Health and Tobacco Bill announced
yesterday, claim they would be seeking to use new technology to blank out
the names of tobacco products on cars and hoarding during the screening of
the races in Ireland.

The technology appears to depend on cameras which are sensitive to certain
materials and insensitive to others. Theoretically, countries can select
which product branding is permissible for their particular legislation.

But such technology is not available, and even if it were RTÉ would not be
permitted to interfere with a host broadcasting signal, said Tim O'Connor,
head of television sport in RTÉ.

"Blank out? We have had no instruction from the Minister on this issue,"
said O'Connor. "We have received no letter or request from any Government
agency or body.

"Also, the technology does not exist, and if it did it would be in breech
of our contract because we cannot interfere with the signal for obvious
reasons.  There is a caveat in virtually every contract which says we
cannot interfere with the host broadcasting signal."

Yesterday a Department of Health official claimed it was their
understanding the technology did exist to selectively remove offending
material and they were seeking to enact legislation which would permit
them to do so.

"We've been advised that the technology is available to block advertising.
This will be dealt with in the new Bill announced yesterday.  We've been
advised that the technology is available and that it is used in other
countries," the spokesman added.

The issue of product placement, particularly in sport and specifically in
Formula One, which is heavily branded with tobacco products, has been
running for years.

In 1998, Dr Fenton Howell, chairman of ASH (Action on Smoking and Health)
complained about the programme Grand Prix Formula 1 shown that May 26th,
1998 to the Broadcasting Complaints Commission (BCC).

The broad sweep of his complaint was that the visibility of tobacco
branding was enormous and contrary to law, tobacco companies were
effectively advertising their products. He said: "RTÉ has shown a
disregard for both the letter and spirit of the laws in this country with
respect to tobacco advertisements."

The BCC did not uphold the complaint, stating "there was insufficient
legal basis".  It added: "If such direct or incidental advertising is to
be prohibited, then it is the responsibility of the appropriate Government
Minister to introduce legislation or regulation with this specific purpose
in mind."

The nub of the issue was that in the RTÉ code the word advertisement
"denotes any item of publicity inserted in the programme broadcast by RTÉ
in consideration of payment made by that body".  In their submission, RTÉ
claimed there had been no payment to them by any tobacco company or agent
of a tobacco company and argued the coverage of Formula One was part of
its public service remit.

"We just cover the event," says O'Connor. "The essence of pictures from a
Budweiser Derby or a Benson and Hedges Masters is the sport. People plug
into the Derby to see horses, not beer. We are not advertising. The
audience is able to make the distinction between advertising and sport.
We've an educated audience who are interested in the essence of it, not
the periphery of it."

O'Connor also pointed out if RTÉ did not broadcast the Grands Prix people
would simply watch it with one of their competitors, notably UTV. The
first race of the Formula One season takes place in Melbourne this
weekend.

ASH not only welcomed the initiative by the Department of Health but
yesterday urged even stronger measures to be taken against RTÉ.  "We
welcome the move.  But we don't think it is sufficient," said Dr Howell.
"RTÉ should take a principled argument and not broadcast Formula One. RTÉ
is a semi-state body and the national broadcaster. You have a situation
now where we have a policy of trying to move towards a tobacco-free state,
and an arm of that state is thumbing their nose at the Department of
Health and Children."

Direct advertising in electronic media has been prohibited in Ireland for
some time, while sponsorship of events by tobacco companies was banned
last year.