Australian broadcasting regulator ACMA has officially found Foxtel Cable Television Pty Ltd in breach of broadcasting standards following the broadcast of a historic race featuring prominent tobacco branding. The controversy surrounds an ex-Jos Verstappen Swift DB4 raced by Jaxon Evans during a tribute event for the late Tim Miles at Highlands Motorsport Park in late January.
During the 20-minute race broadcast, the vehicle driven in honor of Tim Miles prominently displayed period-correct Marlboro and Peter Jackson logos, including a notable 40-second close-up and slow-motion replays. Under the Broadcasting Services Act and Public Health regulations, advertisements for tobacco or e-cigarettes are strictly prohibited from being broadcast to Australian audiences.
Defending their coverage, the broadcaster argued that the logos were not functioning as commercial promotional tools. Instead, they maintained that the sole purpose was to celebrate motorsport heritage and showcase the authentic historical livery of the vintage racing machine, operating without any contemporary commercial arrangement with tobacco brands.
However, ACMA member Carolyn Lidgerwood dismissed the historical defense, stating that commemorative intentions do not exempt platforms from complying with strict tobacco advertising laws. The regulator emphasized that the brand exposure was substantial, highly visible, and capable of promoting regulated tobacco items to reasonable viewers regardless of the absence of paid campaigns.
This landmark ruling deals a heavy blow to the Australian historic racing community, which has actively fought for exemptions allowing authentic tobacco liveries on vintage machinery. Read our in-depth analysis to understand how this regulatory decision impacts future motorsport broadcasts.
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