The Australian Communications and Media Authority (ACMA) investigated coverage of the 70th New Zealand Grand Prix, broadcast on 31 January 2026, following a complaint about tobacco advertising.
The Formula Atlantic race featured a vintage car displaying Marlboro and Peter Jackson branding, which appeared repeatedly during approximately 20 minutes of coverage, including slow-motion replays and a close-up lasting around 40 seconds.
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The car was driven by Jaxon Evans, a former teammate of late motorsport figure Tim Miles, as part of a tribute to Miles.
Foxtel argued the branding was part of the car’s historic livery and was not intended to promote tobacco products. It also said the live broadcast served a genuine public interest purpose, with the branding incidental to the race coverage.
The ACMA accepted that the car was a genuine historic vehicle, the race was a tribute and there was no current tobacco sponsorship arrangement.
However, it found the prominent and repeated exposure was likely to promote smoking and tobacco products, regardless of the reason the branding appeared.
The regulator also rejected Foxtel’s argument that the public interest exception applied, finding the commemorative purpose did not exempt the broadcast from tobacco advertising restrictions.
ACMA member Carolyn Lidgerwood said the finding reflected the effect of the branding on viewers, rather than any evidence of deliberate promotion by Foxtel.
“We recognise that this was a historic vehicle and that the race was staged for commemorative reasons.”
“However, those circumstances did not exempt Foxtel from complying with the tobacco advertising rules.”
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Foxtel will introduce internal guidelines and quarterly email reminders on tobacco advertising obligations, provide staff training and update its processes for future motorsport acquisitions.
The case is the first tobacco advertising investigation undertaken by the ACMA since the Public Health (Tobacco and Other Products) Act 2023 came into effect.
Under the legislation, the rules can apply even where a broadcaster did not intend to promote tobacco products.
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