Alcohol advertising and sale : a legal perspective.

Abstract

Now that the dust has settled regarding the issue of tobacco usage and advertising in Malta, it was only to be expected that the next sector to be put under scrutiny would be that relating to alcohol. The following thesis attempts a comparative assessment of the local situation with regard to the regulations on the advertising and sale of alcoholic beverages within the context of current EU thinking and legislation, whilst offering concrete recommendations for a future course of action. The thesis starts out by chartering the evolution of the consumption of alcohol from ancient times till today. It progresses with the definition of advertising in general and its impact on the consumer market in particular as well as reviewing local legislation regulating general advertising practices This study next, focuses on the specific area of alcohol advertising in Malta and how laws regulating such advertising compare to those obtaining in the rest of the EU. It shows how the local legal framework has been transposed quasi verbatim from its previous European counterpart (TVWFD), whilst not yet having taken on the recent amendments embodied in the revised legislation on commercial communications (A VMSD). The case for and against self-regulation by the industry, as opposed to statutory legislation governing the advertising of alcoholic beverages is tackled next in this study, and provides the basis for the recommendations made in its conclusion. Legislation governing the sale of alcohol is next evaluated both in the local context per se, as well as through a comparative analysis of that in other EU states. 2 The thesis concludes with a number of proposals instigated by the findings made through the research carried out in its compilation, including but not restricted to the need for striking a balance between self-regulation and statutory legislation. Other recommendations include: The widening of the scope of the media covered by such legislation to take into account new technologies such as digital advertising. Legislation to be based on scientific evidence rather than emotional perceptions. Better enforcement of legislation aimed at protection of youth and other vulnerable sectors.