The controversy surrounding tobacco branding in the Touring Car Masters (TCM) has finally received an official response. The Australian historic racing series was embroiled in controversy after one of its races at Sydney Motorsport Park was not broadcast live by Fox Sports. The broadcaster cited "legal reasons" because some cars carried tribute liveries inspired by the Marlboro-backed Holden Dealer Team.
The incident prompted a reaction from Motorsport Australia, which immediately tightened regulations. They updated Schedule K of the operations manual governing markings on cars. In the update, Motorsport Australia prohibits the "display, publication, or promotion of any regulated tobacco product, including on any 5th category Automobile livery." This step was taken to align with the Public Health (Tobacco and Other Products) Act, updated in 2023.
However, TCM Director Bryant emphasized that the series does not blame Motorsport Australia, Supercars, or Foxtel. In his statement, he explained that Foxtel was simply protecting itself from lawsuits if it aired footage of cars breaching Australian anti-tobacco legislation. "Foxtel is not the enemy here," he said. He added that Supercars has commercial obligations to Foxtel and cannot be involved if the government or trademark owners take action. "Supercars is not the enemy! Motorsport Australia is not the enemy!" Bryant stressed.
Bryant emphasized that the last link in this massive legal chain is the car owner. "Motorsport Australia and Supercars have done nothing more than protect everyone involved from the real threat of action from trademark holders or government authorities," he explained. He also appreciated the swift action of car owners who agreed to modify their liveries for uninterrupted TV coverage.
The two affected cars were Dave Casey's Holden Commodore and David Hender's Holden Torana, both HDT-inspired. They altered their bonnets by removing Marlboro's distinctive white chevron motif. Bryant explained that these cars might infringe an internationally held trademark involving the white chevron on the front. "To protect themselves and ensure uninterrupted TV coverage for their fans and sponsors, those owners removed the contentious areas of signage involved and we all enjoyed a fantastic round of racing!" he added.
This case highlights the complexity between historic racing heritage and modern regulations. While tribute liveries are meant as homage, the law must still be upheld. TCM and car owners demonstrated good cooperation by removing problematic elements. Bryant thanked all involved, including Supercars and Motorsport Australia, for their expert and timely assistance.
Moving forward, this rule will set a precedent for other historic racing events in Australia. It is crucial for teams and car owners to understand the legal boundaries regarding tobacco branding, even in tribute form. Thus, racing can continue without unnecessary legal hurdles.
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