This bill did not become law and is no longer proceeding.
Transport & communications
Australia would ban unhealthy food ads on some television and radio services, and also ban unhealthy food marketing on online services including narrowcastingA limited broadcast service aimed at a smaller or targeted audience, which this bill would also cover. and subscription servicesPaid broadcast or online services, which would not be exempt from the advertising ban..
Children in Australia are constantly exposed to high volumes of unhealthy food marketing, which increases unhealthy eating and weight-related disease risk. The bill bans unhealthy food advertising on TV and radio during the day and online at any time, with penalties for broadcasters, platforms and advertisers.
Before the bill was introduced, national health strategies had already urged governments to protect children from unhealthy food marketing, while Australia’s high rates of childhood overweight and obesity and children’s heavy exposure to junk food ads across television, radio and online services kept the issue live. Sophie Scamps then pushed a private member’s billA bill introduced by an MP rather than by the government. in 2022 and introduced it in June 2023 to impose broad advertising bans and penalties, but it did not progress and was removed from the Notice PaperThe parliamentary list of business to be dealt with; removing a bill from it stops active consideration. in February 2024.
The main criticism was that a broad junk food advertising ban could cut major media revenue and was not clearly justified by strong enough evidence that advertising restrictions, rather than other causes, would meaningfully reduce childhood obesity. This criticism appears to have come mainly from television industry and advertiser groups in public debate, while no party represented in the supplied parliamentary speeches opposed the bill itself.
Sophie Scamps MPA bill introduced by an MP rather than by the government. introduced this bill. Speeches supporting it came from some crossbench members.
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
No final passage
The bill has not completed passage and is no longer proceeding.
Time before failure
239 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
Australia would ban unhealthy food ads on some television and radio services, and also ban unhealthy food marketing on online services including narrowcastingA limited broadcast service aimed at a smaller or targeted audience, which this bill would also cover. and subscription servicesPaid broadcast or online services, which would not be exempt from the advertising ban..
Television and radio broadcasters would commit an offence if they ran unhealthy food marketing between 6:00 am and 9:30 pm, including on subscription and datacast services.
Online platforms and advertisers would both be breaking the law if unhealthy food marketing was made available to people in Australia online or if someone paid for it.
The ban would cover not just direct ads, but also sponsorships, promotions, brand names, website addresses and similar branding closely linked to unhealthy food.
Courts could impose heavy penalties for breaches, including up to $550,000 or, for large companies, up to 5% of turnover from unhealthy food products.
This bill amends the Broadcasting Services Act 1992 (the Act) to prohibit the broadcasting of unhealthy food marketing on certain television and radio broadcasting services, and to prohibit the provision of unhealthy food marketing on online services, including narrowcasting and subscription services.Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum
This item adds new provisions to the existing Act creating an offence of broadcasting unhealthy food marketing content in the period beginning at 6:00am and ending at 9:30pm. This offence applies to TV, Radio, narrowcasting and subscription, and datacast broadcast media.Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum
This item amends the existing Act to create new offences prohibiting online service providers from providing unhealthy food marketing content that can be accessed by end‑users in Australia through an through an online service, as well as a matching offence of paying for, or offering to pay for, an act of providing such content. Hence, these offences apply to both online providers and also to the purchasers of the marketing in question.Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum
The scope of the term “marketing” will include advertising, sponsorship or promotional content that gives publicity to, or otherwise promotes or is intended to promote, unhealthy food, a trade mark that relates to unhealthy food, a domain name or URL that relates to unhealthy food, or other branding devices that are closely associated with unhealthy food.Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum
The prohibitions in the bill are backed by the capacity for courts to impose effective penalties of up to $550,000, or up to 5% of the unhealthy food products turnover of large corporations.Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum
Context
Before the bill was introduced, national health strategies had already urged governments to protect children from unhealthy food marketing, while Australia’s high rates of childhood overweight and obesity and children’s heavy exposure to junk food ads across television, radio and online services kept the issue live. Sophie Scamps then pushed a private member’s billA bill introduced by an MP rather than by the government. in 2022 and introduced it in June 2023 to impose broad advertising bans and penalties, but it did not progress and was removed from the Notice PaperThe parliamentary list of business to be dealt with; removing a bill from it stops active consideration. in February 2024.
National preventive health and diabetes strategies back limits on unhealthy food marketing
The explanatory memorandum says the National Preventive Health Strategy 2021-2030 and National Diabetes Strategy 2021-2030 recommended government-led action to protect children from unhealthy food marketing.
Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum ↗National Obesity Strategy adds pressure for government action
The explanatory memorandum says the National Obesity Strategy 2022-2032 also recommended government-led action, adding a national policy basis for tighter controls on junk food promotion to children.
Broadcasting Services Amendment (Healthy Kids Advertising) explanatory memorandum ↗Sophie Scamps announces plan to ban junk food ads aimed at children
The AFR reported that Scamps would move a private member’s billA bill introduced by an MP rather than by the government. to ban junk food advertising on Australian TV before 9 pm as part of a push to slow the country’s growing obesity epidemic.
Australian Financial Review ↗Scamps introduces the Healthy Kids Advertising Bill
Introducing the bill, Scamps told parliament that Australian children see at least 15 unhealthy food ads a day across television, radio and online media, framing the bill as a response to constant exposure.
Hansard ↗Bill proposes a broad ban across broadcasting and online services
The explanatory memorandum says the bill would prohibit unhealthy food marketing on certain television and radio services and on online services including narrowcastingA limited broadcast service aimed at a smaller or targeted audience, which this bill would also cover. and subscription servicesPaid broadcast or online services, which would not be exempt from the advertising ban..
Australian Parliament House ↗Bill is removed from the Notice PaperThe parliamentary list of business to be dealt with; removing a bill from it stops active consideration.
The parliamentary record shows the bill was removed from the Notice PaperThe parliamentary list of business to be dealt with; removing a bill from it stops active consideration. in accordance with standing order 42, ending its active progress in the House.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Key criticism
The main criticism was that a broad junk food advertising ban could cut major media revenue and was not clearly justified by strong enough evidence that advertising restrictions, rather than other causes, would meaningfully reduce childhood obesity. This criticism appears to have come mainly from television industry and advertiser groups in public debate, while no party represented in the supplied parliamentary speeches opposed the bill itself.
Recorded criticism was narrow and mostly centred on evidence and commercial impact.
Weak evidence and over-targeting advertising
Industry and advertiser groups argued proposals to ban or sharply limit unhealthy food advertising lacked a strong enough evidence base and unfairly focused on marketing instead of the wider drivers of obesity.
Revenue and business impact
A ban of this kind was criticised as a major commercial hit to broadcasters and the advertising market, with warnings that removing a large category of advertising could materially reduce media revenue.
Further sources
Votes
No recorded votes were found before this bill stopped proceeding.
Parliamentary debate
Start here — lead voices
Scamps strongly supports the bill, arguing it is needed to protect children from junk food advertising that contributes to obesity and chronic disease.
Read in Hansard ↗Ryan supports the bill and urges the House to pass it because she says junk food advertising contributes to childhood obesity and exploits children who cannot understand marketing.
Read in Hansard ↗All speeches by bloc
2 speakers · 2 support
“And so I urge all members of this House to support Australian parents and children by backing in this Healthy Kids Advertising Bill”Read the full speech in Hansard ↗
“We don't allow tobacco advertising and we won't allow vaping to be advertised on our TVs, on our radios or online, but we are letting junk food harm our kids just as much as nicotine does. As a doctor, I've promised to first do no harm. As a politician, I have to act on behalf of my constituents. So I commend this bill to the House.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Removed from the Notice Paper in accordance with (SO 42)
Removed from the Notice PaperThe parliamentary list of business to be dealt with; removing a bill from it stops active consideration. in accordance with (SO 42)
The bill reached this recorded parliamentary step.
