Regulation of Outdoor

Planning development approvals

Most roadside outdoor media structures are regulated via a range of state and local government planning laws and policies.  These differ between Australian States and Territories and are often updated to accommodate changes in outdoor media design and technologies (eg. electronic signage). Some outdoor media structures need also to comply with specific requirements of other regulatory bodies, such as road authorities, although these are generally managed through the one planning approval process.

Legislation often prescribes when and what approvals are required to either construct a new outdoor media structure, continue operation of an existing structure once a permit has expired, or make changes to an existing structure.  Applicants may be required to deal with a number of different government agencies throughout the processing of their applications. 

Some outdoor media operators are contracted by local councils or government agencies to sell or lease outdoor media space.  These include in the provision of bus/tram shelters, kiosks, pedestrian bridges and other public infrastructure where the installation, maintenance and cleaning of the structures are funded entirely through the operations of outdoor media.

Members of the OMA must abide by all statutory regulations as stated in the Association's Code of Ethics.

Advertising content

The advertising content that is placed on outdoor media structures is not owned by outdoor media operators although they have a responsibility to ensure it does not infringe any laws or causes offense.

Nor is advertising content regulated by government, although some agencies do provide content guidelines for outdoor media structures that exist on public property. 

Content of all advertising is managed through the self-regulatory body of The Advertising Standards Board which meets regularly to consider advertising complaints across all media. 

In 2011, two Parliamentary committees reported on the effectiveness of the self-regulatory system. The Senate Legal and Constitutional Affairs References Committee conducted an inquiry into the National Classification Scheme, and whether outdoor advertising should come within that Scheme.

- The Senate Committee report is available here.

- The House of Representatives conducted an inquiry into the regulation of billboard and outdoor advertising, and the report is available here.

CONCEPT ADVISORY SERVICE

The OMA offers a Concept Advisory Service to advertisers and creative agencies who are designing material for display on outdoor advertising. 

The Service provides advice about whether concepts are likely to be suitable for viewing by the audience that views outdoor advertisements.  This is a broad audience comprising all sections of the community, including children.

The advice is based around whether the proposed advertisement is likely to breach the Australian Association of National Advertisers (AANA) codes of practice, and takes into account issues such as:

  • whether the proposed advertisement treats sex, sexuality and nudity with sensitivity to the broad audience that will view it;
  • whether the proposed advertisement contains violence that cannot be justified in its context; and
  • whether the proposed advertisement uses language that is suitable for viewing by a broad audience.

The Service is provided because under the OMA Code of Ethics, the OMA’s members cannot endorse the display of an advertisement that is likely to breach the AANA codes of practice.  If an advertiser or agency seeks the advice of the Concept Advisory Service in the early stages of development, this will reduce the likelihood that the OMA member will not be able to endorse the display of the final design.

The Concept Advisory Service is free of charge and the OMA endeavours to provide advice within 24 hours of receipt of an enquiry. To make use of the Service, send an email to info@oma.org.au or call (02) 9357 9900.

Complaints

Members of the community wishing to complain about the content of any outdoor media advertisement need to lodge their complaint in writing with The Advertising Standards Board (ASB).  

OMA Members abide fully by the decisions of the ASB and will remove content if a complaint is upheld by the Board.

Written complaints should be directed to:

Advertising Standards Board, Level 2, 97 Northbourne Avenue, Turner, ACT 2612

www.adstandards.com.au

Tel:  (02) 6262 9822

Fax: (02) 6262 9833