A complaint is not forwarded to the Panel if it:

  • is about an advertisement or marketing communication that has previously been considered – however all complaints are referred to the advertiser or marketer for its consideration.
  • does not raise issues about ‘advertising or marketing communications’. 
  • raises an issue that is within section 1 of the Code of Ethics. 
  • would involve determining questions of law or questions of truth and accuracy (other than as provided for under clause 2.2 of the AANA Code for Advertising & Marketing Communications to Children and under clauses 2.1, 2.4 and 3.1 of the AANA Food & Beverages Advertising & Marketing Communications Code, AANA Environmental Claims in Advertising and Marketing Code).
  • is about election advertising or truth/accuracy in political advertising.
  • involves issues covered by specific industry codes, such as slimming/weight management products and services, therapeutic goods, alcoholic beverages.
  • is about television programming or program content issues.
  • is about radio programming or program content.
  • is about program classification.
  • is about classifications of films, publications or computer games.
  • does not raise issues that are within section 2 of the Code of Ethics.

Matters outside section 2 include where:

  • the commercial communication complained about is the subject of litigation or an order by a court or government agency
  • the complaint is about unlawful business practices
  • the commercial communication complained about has been withdrawn or discontinued before challenge
  • the complaint is about highly technical issues
  • the complaint is about label directions or basic performance of products and services not related to advertising or marketing claims
  • the complaint is about the loudness of television advertisements
  • the complaint is about the number or frequency of advertisements
  • the complaint is about media coverage of an advertisement
  • the complaint is about the provision of gambling odds in sports program commentary.