Foxtel breaches tobacco advertising rules during Fox Sports race coverage – Foxtel has breached Australian broadcasting rules after cigarette branding appeared repeatedly in its Fox Sports coverage of the New Zealand Grand Prix, the Australian Communications and Media Authority (ACMA) has found.
The ruling is significant beyond this single race. It is ACMA’s first tobacco advertising investigation under the newer Public Health (Tobacco and Other Products) Act 2023, which does not require proof that a broadcaster intended to show a tobacco advertisement.
ACMA examined Fox Sports coverage broadcast on 31 January 2026. A vintage race car carried the branding of two well-known cigarette brands. According to the regulator, the branding appeared prominently and repeatedly across about 20 minutes of coverage, including slow-motion replays and a close-up lasting approximately 40 seconds.
Historic race car did not exempt the broadcast
ACMA member Carolyn Lidgerwood acknowledged the setting of the race, but said it did not change Foxtel’s obligations.
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.
Carolyn Lidgerwood, ACMA member
She said the tobacco branding was clearly visible in the footage, including the extended close-up and replays. Broadcasters, she said, are responsible for ensuring what they show Australian audiences complies with the restrictions.
What Foxtel will change
Following the finding, Foxtel will issue internal guidelines and quarterly email reminders to staff, provide training, and update its processes for acquiring future motorsport coverage. ACMA has also issued an industry-wide tobacco advertising compliance update.
The broadcasting licence condition is set out in the Broadcasting Services Act 1992 and refers to restrictions under the Public Health (Tobacco and Other Products) Act 2023. ACMA’s new guidance says a tobacco advertisement can include branding likely to promote tobacco products, even without a commercial arrangement. The legislation commenced on 1 April 2024.
The regulator says the newer law has no general exception for accidental or incidental broadcasts. Other statutory exceptions are fact-specific; ACMA found the historic nature of this vehicle did not excuse the Foxtel coverage. The announcement sets out corrective measures, but does not announce a fine.
For more TV Central ACMA coverage, head here. Read ACMA’s public Foxtel investigation report for the regulator’s findings.
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