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Banning Liquor Surrogate Advertising

            

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THE INDIAN LIQUOR INDUSTRY Contd..

The liquor industry was heavily regulated by the government. Companies were not allowed to expand capacity without prior approval from the concerned state government. The distribution of liquor was also controlled in many states through auction system, the open-market system and the government-controlled system. Under the auction system, the government fixed a floor price for the shops and the bidders had to quote prices. The license was given to the highest bidder.

States following the open-market system gave companies freedom to choose their distributor and to determine the price and the discounts. In the government-controlled system, liquor was distributed by state agencies such as BEVCO (in Kerala) and the Andhra Pradesh Beverage Corporation (in Andhra Pradesh). There were around 25,000-27,000 licensed retail sales outlets in the country, in addition to the bars, pubs, hotels and restaurants serving liquor. There were restrictions on the location of these outlets and their business hours.

Liquor producers spent heavily on advertising on the electronic media because of the reach of satellite and cable TV. Though the broadcasters were bound by a 30-year old advertising code which banned them from airing advertisements that related to or promoted cigarettes and tobacco products, liquor, wines and other intoxicants, the telecast of such advertisements continued blatantly over the years. This was because the code was only a code of conduct, not a legally enforcing code. Doordarshan, the state-owned TV channel, was the only one that adhered to it.

The broadcasters were also bound by the Cable TV Act, 1995. However, as most of the channels were uplinked from outside India, the Act did not apply to them. Moreover, satellite channels did not want to follow this code because they garnered about 50% of their advertisement revenues from liquor.

In the peak seasons for the sale of liquor, this revenue almost doubled. In the first half of 1998, STAR reported revenues of Rs 127.9 million from liquor advertisements while Zee reported revenues of Rs 40 million[4] . The regional channels managed to get about Rs 0.70 million in revenues. Since liquor ads generated such high revenues, Doordarshan also planned to air such ads in 2000. With a reach of 70 million homes, it expected to acquire a significant share of liquor advertisement revenues. Doordarshan estimated that its revenues would increase three times from cricket matches alone if it were permitted to air liquor advertisements.

Even as Doordarshan was considering the above option, the I&B Ministry barred TV channels from telecasting liquor and cigarette advertisements in September 2000. With pressure increasing from public interest groups to ban liquor advertisements, the government had to make amendments to the Cable TV Act 1995 (Refer Exhibit III). While the Indian government could not take action on most of the channels for violating the codes, as they did not uplink from India, the cable operators were punishable under Indian law. The I&B Ministry also took steps to monitor the advertisements broadcast by these companies.

Due to the ban, liquor companies focused more on promotions for brand building. They started sponsoring events that projected the ‘glamour'of the brands, like track racing, car rallies etc. for instance Shaw Wallace Co. (SWC), one of the leading liquor companies in India, conducted the Royal Challenge Invitation Golf tournament, which became an annual event. Some companies also promoted their products through corporate advertising, distributing free gifts like caps and T-shirts with the brand name and using glow-signs outside the retail outlets. However, as the TV was the most effective medium of advertising, surrogate advertising on TV became more popular.


ABOUT SURROGATE BRANDS

THE DEBATE

TABLE II AD SPENDS OF LEADING INDIAN LIQUOR COMPANIES

WHAT LIES AHEAD?

QUESTIONS FOR DISCUSSION:

EXHIBIT I SALES OF WINES, SPIRITS & LIQUOR COMPANIES

EXHIBIT II SALES OF BEER COMPANIES

EXHIBIT III CABLE TV ACT 1995: 2000 AMENDMENTS RELATED TO LIQUOR ADS

ADDITIONAL READINGS & REFERENCES:

[4] Zee could air liquor ads only after 9.30 pm as it was aired in the Middle East also.


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