ACMA Finds Foxtel Breached Tobacco Advertising Rules

The media regulator ruled that the broadcaster violated legislation by showing prohibited tobacco branding during a race.

Updated on Oct. 19, 2026 in Motorsports

ACMA Finds Foxtel Breached Tobacco Advertising Rules

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Should broadcasters face penalties for incidental tobacco branding shown in historical race footage?

The Australian Communications and Media Authority has found that Foxtel breached broadcasting laws by airing tobacco branding during its coverage of a motorsports event. The footage featured prohibited logos displayed on a vintage race car.

Why it matters

Broadcasters in Australia must adhere to strict legislative prohibitions on tobacco and e-cigarette advertising. The regulator's decision underscores the responsibility of media companies to ensure all content, including historical footage, complies with national health standards.

The tobacco branding appeared for approximately 20 minutes of race coverage, including a 40-second close-up shot of the vintage vehicle.

The players

Australian Communications and Media Authority

This is the primary government agency responsible for the regulation of broadcasting, radiocommunications, and telecommunications in Australia.

Foxtel

This is a prominent Australian pay television company that provides television and streaming services to households across the country.

The details

The breach occurred because the broadcaster failed to obscure tobacco branding on a historic race car shown during slow-motion replays. The ACMA ruled that the transmission contravened both the Broadcasting Services Act 1992 and the Public Health (Tobacco and Other Products) Act 2023.

31 January 2026: The New Zealand Grand Prix event was broadcast by Foxtel.
19 October 2026: The ACMA officially published its breach finding against the network.

The Big Picture

The ruling marks a regulatory enforcement action under the Public Health (Tobacco and Other Products) Act 2023.

Viewers are unlikely to see immediate changes to their programming lineup following this finding. However, the broadcaster is now mandated to implement internal guidelines and staff training to prevent the reoccurrence of such advertising breaches.

The takeaway

Media regulators maintain strict oversight to ensure historical footage does not bypass contemporary health laws regarding tobacco. Broadcasters are expected to proactively screen content to ensure all visual elements meet current advertising obligations.