Foxtel Cable Television Pty Ltd (Foxtel) has been found in breach of broadcasting laws after its coverage of a motorsport event included tobacco branding.
An Australian Communications and Media Authority (ACMA) investigation found the broadcast of events at the New Zealand Grand Prix on Fox Sports on 31 January 2026 featured a vintage race car displaying the branding of two well-known cigarette brands.
The branding appeared prominently and repeatedly during approximately 20 minutes of coverage, including in slow-motion replays and a close-up shot lasting approximately 40 seconds.
Under the Broadcasting Services Act 1992, licensees must not broadcast advertisements for tobacco or e-cigarettes in contravention of the Public Health (Tobacco and Other Products) Act 2023.
ACMA member Carolyn Lidgerwood said tobacco branding could have a promotional effect regardless of why it appeared in the broadcast.
“We recognise that this was a historic vehicle and that the race was staged for commemorative reasons. However, those circumstances did not exempt Foxtel from complying with the tobacco advertising rules,” Ms Lidgerwood said.
“The branding of these well-known tobacco products was prominent, clearly visible and shown repeatedly, including in slow-motion replays and an extended close-up.
“Broadcasters are responsible for ensuring the content they show to Australian audiences complies with tobacco advertising restrictions.”
As a result of the ACMA’s investigation and breach finding, Foxtel will issue internal guidelines and quarterly email reminders to staff about their obligations relating to tobacco advertising. Foxtel will also deliver staff training and update its processes for future motorsport acquisitions, amongst other measures.
The ACMA has also issued a tobacco advertising compliance update to the broadcasting industry.
This is the first tobacco advertising investigation undertaken by the ACMA since the introduction of the Public Health (Tobacco and Other Products) Act 2023, which introduced strict prohibitions on broadcasting tobacco or e-cigarette advertisements. For example, it is no longer necessary to establish that a broadcaster intended to publish a tobacco advertisement, and there are no exceptions for accidental or incidental broadcasts.
MR 33/2026