Legal Controls on Cross-border Advertising and the World Health Organisation
2005-2007

This joint research project of the CMCL and the VicHealth Centre for Tobacco Control investigated the options for controlling cross-border advertising in light of the World Health Organisation's Framework Convention on Tobacco Control (FCTC). The VicHealth Centre for Tobacco Control was asked by the Framework Convention Allicance, which is an international alliance of NGOs working towards a strong and effective FCTC, to lead the FCA's consideration of cross-border advertising. This research project was a central part of that work. The project examined the current and likely future forms of cross-border advertising and developed viable options for dealing with these problems through the FCTC and domestically. The project examined Australian, US and selected European controls on cross-border advertising in broadcast media and considered what history suggests about future challenges to effective control from digital communications.

The principal funder was Cancer Research UK and support was also provided by The Cancer Council Australia and the National Heart Foundation of Australia.

Chief Investigators: Andrew Kenyon and Jonathan Liberman
Research Fellows: Sophie Killen, Jason Bosland

Controlling Cross-Border Tobacco Advertising, Promotion and Sponsorship – Implementing the FCTC
Andrew T Kenyon and Jonathan Liberman
(Mebourne: CMCL and VicHealth Centre for Tobacco Control, August 2006)

This report examines steps that could be taken to control cross-border tobacco advertising, promotion and sponsorship under the WHO's Framework Convention on Tobacco Control (FCTC). It recommends a multilayered approach - which includes formal law and regulation, monitoring and enforcement practices, education, and international cooperation - be applied in relation to three categories of actors: advertising producers and their agents, content providers, and technological intermediaries, if the aims of the FCTC are to be met. The report is available in full-text from here (scroll down the linked page to see the options to download the report).