Canberra man makes Federal Court bid to ban alcohol advertising during televised sport, after death of his brother at the age of 23
By Niki BurnsideWilliam Spaul was just a young man when his beloved brother Greg died at the age of 23.
Key points:
- William Spaul has lodged an application to the Federal Court in a bid to ban alcohol advertising during televised sport
- His brother Greg died aged 23 in a car crash while drunk
- The Foundation of Alcohol Research and Education says alcohol advertising is harming young people
A farmer in central New South Wales who had developed an addiction to alcohol, Greg Spaul's life had spiralled out of control as he dealt with financial hardship.
Then 25, Mr Spaul said he still remembered the shock he felt at the news his brother had lost control on a road he knew so well and been killed.
"I couldn't imagine him dying like that, and being my only sibling," he said.
"It was just a really distressing event for me."
Now living in Canberra, Mr Spaul said alcohol had continued to remind him of Greg's death.
"I remember it as though it was yesterday, and I get reminded of that every time I see an alcohol ad," he said.
"He was drinking a lot, which I think put him under more financial pressure, and I think drinking so much, it started affecting him in mental and physical ways as well.
"There [were] not many options for socialising in the local small country town [other than the pub]."
Mr Spaul said he believed alcohol advertising had only compounded his brother's addiction, and that he was living within an "alcohol culture".
Alcohol advertising 'spoils the experience'
Mr Spaul has now taken his concerns to the Federal Court, lodging an application in a bid to compel the Australian Communications and Media Authority (ACMA) to prohibit alcohol advertising during televised sport.
Currently, the advertising of alcoholic products is banned on Australian television before 8:30pm, but that ban is lifted during sports programming.
Mr Spaul said he was troubled by seeing the ads during games he watched with his 11-year-old son Robin.
"It kind of spoils the experience and it's not good for Robin to see them," he said.
"I think it reminds him that he doesn't have an uncle, because his uncle died.
"There shouldn't be an association between alcohol and sport because there is no need, there's no real connection, you don't need alcohol to play sport, in fact, it reduces your sporting performance."
In the application, Mr Spaul claims that ACMA is engaging in unlawful indirect age discrimination by not protecting Robin from the advertising content.
The application states that ACMA "is required to play an important and prominent role in ensuring that regulations affecting broadcasting provide appropriate community safeguards in respect of the subject matter of the regulations".
Foundation for Alcohol Research and Education chief executive Caterina Giorgi said research showed young people were being harmed by the advertising.
"What we know is that the younger that kids are exposed to alcohol ads, the more likely they are to drink alcohol at riskier levels," Ms Giorgi said.
"What we're also seeing is people with alcohol liver disease are getting younger and younger."
Ms Giorgi said more action was required.
"And that action needs to involve removing alcohol from our sport so we can enjoy our sport alcohol-free," she said.
"It involves not having these companies associate their brands with things that we love and trust and want to be part of."
Ms Giorgi said FARE welcomed Mr Spaul's bid in the Federal Court.
"I think that this step shows that regulation is failing our families and communities," she said.
"And what it shows is that governments need to take action to make sure that our sports are alcohol-free and to make sure that our kids are protected."
'He lost everything'
Mr Spaul said he was not trying to ban alcohol advertising altogether but wanted to do more on behalf of vulnerable young people.
He said his brother, who was only a young man, lost everything by abusing it.
"He had a lot of ambitions and hopes and dreams," he said.
"He was a friend to me and had lots of friends ... lots of people turned up to his funeral and miss him.
"He lost everything."
Approached by the ABC, ACMA said it could not comment on a matter currently before the court.