Adjudication No. 252 (August 1985) [1985] APC 44

ADJUDICATION No. 252 (August 1985)

In its issue of March 1985 the Women's Weekly published a paid advertisement placed by the Tobacco Institute of Australia. The Australian Council on Smoking and Health (Inc) made two complaints to the Advertising Standards Council, the first being that the advertisement was not clearly distinguishable as such, and the second relating to the content of the advertisement. The first complaint was upheld, and the second was not.

Subsequently ASH (Australia) made two similar complaints to the Press Council. Later still the Australian Council on Smoking and Health (inc) made a complaint to the Council similar to its first complaint to the Advertising Standards Council. The Women's Weekly has objected to being placed in "double jeopardy", saying that it understood that the Press Council does not adjudicate on complaints about advertisements, but refers them to the Advertising Standards Council.

The Press Council does not concern itself with the content of advertisements, which is the responsibility of the Advertising Standards Council. Accordingly the second complaint of ASH (Australia) is not a matter for this Council.

The issue whether advertising is clearly distinguished from editorial matter is of concern both to this Council and to the Advertising Standards Council. However, it is undesirable that there should be two hearings on the same issue unless there is some special reason. In this case the ruling that the two complainants seek from this Council has already been given by the Advertising Standards Council, and the Women's Weekly has indicated its intention of altering its practice in the light of the ruling. The ruling of the Advertising Standards Council stands as the present position, and there is no reason to suppose that this Council would differ from it. We see no purpose to be served by a further hearing on the same issue.

Accordingly the Press Council does not propose to take up the complaints.