The evolution of aerial ambush marketing continues its slide into disrepute with the recent passing of Victorian legislation in the same vein as Queensland legislation passed in December last year.
The Major Events (Aerial Advertising) Act 2007 seeks to prevent aerial advertising taking place at (at this stage) eight specified major events in Victoria. This would seem to put paid to stunts like the Holden blimp at the AFL Grand Final (sponsored by Toyota), but does nothing to prevent less grandiose intrusions into major events, like having planted paid punters hold up banners with your name on them for the TV cameras – otherwise known as the "Messages on Hold" marketing strategy.
So-called association, (as opposed to intrusion) ambush marketing like the Nike campaign at the Atlanta Olympics and more recently the Qantas ads around the time of the Sydney Games, are likewise not affected and still fall to be considered under the Trade Practices Act prohibitions on misleading and deceptive conduct and any specific legislation created for the purpose of a special event like the Olympic (or Commonwealth) Games.
The public policy approach seems to be that as a first priority the promoters of major national and international events need to be protected from the threat of aerial ambush marketing so as to preserve their relationships with sponsors and of course in so doing, to ensure the continued staging of these events. It will be interesting to see what creative campaigns are born out of the latest crackdown.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
