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BROADCASTERS COULD FACE MANDATORY REGULATION OF LIQUOR ADS

Legislation to impose “mandatory federal regulations” prohibiting TV broadcast of hard liquor ads could be introduced early next year, bipartisan trio of House members said Thurs. House Commerce, Justice & State Appropriations Subcommittee Chmn. Wolf (R-Va.), flanked by subcommittee member Roybal-Allard (D-Cal.) and House Telecom Subcommittee ranking minority member Markey (D-Mass.), denounced NBC for being first national TV network to drop voluntary ban on such ads. Wolf expressed “extreme disappointment” in news conference at Capitol that NBC had abandoned its position as “responsible corporate citizen” for sake of its bottom line.

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Wolf said industry could expect congressional review and possible legislative action in 2002 if NBC didn’t reverse its decision: “We would hope that Congress will not have to become involved in this matter, but Congress has a responsibility to protect the public interest and the public airwaves. Therefore, we must be candid and let you know that we are prepared to hold extensive hearings on alcohol advertising on television and to introduce legislation to replace the system of self-regulation of hard liquor advertising.” Wolf and Roybal-Allard raised issues in letter Dec. 20 to NBC executives.

Wolf said he spoke with Senate Commerce Committee Chmn. Hollings (D-S.C.) Wed. about issue. He said Hollings was concerned and would take closer look at situation, although that couldn’t be confirmed by Hollings spokesman. Wolf also said he was consulting with legal experts before drafting legislative language: “By the time we come back in session, we'll have a better idea” of legal ramifications and appropriate language for bill.

NBC Pres. Randy Falco defended company’s decision to accept hard liquor ads (CD Dec 19 p3), saying that standards for such ads were more stringent than for any other product category. Broadcast industry sources also questioned whether congressional intervention was wise in light of free speech protections. Distilled Spirits Council said distillers “are committed to responsible advertising” and have spent millions of ad dollars each year “to fight drunk driving and underage drinking.” Council also said there was no link between liquor ads and consumption or abuse and that such ads had appeared on individual TV stations for last 5 years “with broad public acceptance.”

Markey said industry was “preaching temperance from a bar stool” and airing liquor ads during sporting events such as Olympics would be contrary to public interest: “The decades-long self-imposed restraint is ending and I believe that it represents poor public policy. NBC is one of America’s premier platforms for advertisers to mainline messages into our homes. When NBC says ‘yes’ to liquor ads, it becomes much harder to just say ‘no’ to alcohol abuse. I implore NBC to reconsider its actions.” Roybal-Allard said NBC decision would have domino effect across industry, thereby increasing consumers’ appetite for hard liquor.

Center for Science in the Public Interest (CSPI) released recent study that showed broad public opinion against alcohol ads, with 68% of respondents strongly opposed to network’s decision. George Hacker, CSPI Dir.-Alcohol Policies Project, said new policy of allowing such ads 9-11 p.m. and late-night slots showed that NBC was out of touch with American public: “How many 16-18 year-olds magically disappear from their TV sets at 9 p.m.?” He said that despite NBC’s claim of abiding by responsible advertising standards, millions of kids would be exposed to hard liquor advertising, “as they have been exposed for decades to appealing, funny and seductive ad spots for beer. Research shows that liquor ads teach young people that drinking is romantic… That’s not the kind of education they need.” American Academy of Pediatrics (AAP) expressed similar concerns about NBC’s decision: “While NBC may be facing a decrease in advertising dollars, they should not be allowed to pad their revenues at the expense of children,” AAP Pres. Louis Cooper said.

FCC Comr. Copps, who has most conservative record of commissioners, was critical of NBC’s acceptance of liquor ads. Whether or not such ads should be regulated, he said, “this is certainly an area where we could use some sense of social responsibility, some understanding of what is being foisted on our children and some vision to reach for the stars instead of plumbing the depths.”