Vancouver lawyer Dan Coles blogs about liquor law at Alcohol & Advocacy: here’s his take on how liquor brands can responsibly manage their social media presence. Read the full post here.
When a liquor licensee, or someone representing a liquor licensee, uses an online platform to promote liquor products they must follow the same rules that apply to traditional forms of advertisement like magazines and radio ads. The ubiquitous and casual nature of social media leads some licensees to believe that “anything goes” on their Facebook or Instagram pages. This is not true.
The CRTC’s Code for Broadcast Advertising of Alcoholic Beverages ... is designed to ensure that alcoholic beverage advertising does not contribute to the negative health and societal effects related to excessive or inappropriate consumption. The Code can be read in full here, but can also be thought of in terms of five themes, described by the LCRB as follows:
Advertising must not encourage the over-consumption of alcohol;
Advertising must not promote the irresponsible or illegal use of alcohol;
Advertising must not associate alcohol with social or personal achievement;
Advertising must not be directed to persons under the legal drinking age; and
Advertising must not associate alcohol with the use of motor vehicles or with activates requiring a significant degree of skill or care
Examples or what not to do
Use an image of a patron handing an open beer to another patron with a caption stating “strangers can become new friends with a beer”
Use an image of a group of young people all holding beer bottles, enjoying themselves, with a caption stating “Frosh Week!”
Use of an image of Santa Clause (or similar character, real or fictional, considered to be a role model for underage persons) drinking alcohol
Images or content that suggests alcohol is a good way to “get over” a break up or other disappointment in life
Sharing social media images of individuals drinking alcohol irresponsibly (e.g. boating without life jackets)
Images of individuals drinking alcohol in a public place (e.g. at a beach or in a park)
Alcohol & Advocacy recommends that licensees pay the same degree of due care and attention to the content of their online presence as they would with any other advertising initiative: be careful what you say, and be careful what you share.
*Alcohol & Advocacy publishes articles for information purposes only. They are not a substitute for legal advice, and persons requiring such advice should consult legal counsel. Questions? Contact Dan Coles at Owen Bird in Vancouver.