- The law
- ABAC Responsible Alcohol Marketing Code parts 3 and 4; state and territory liquor laws, for example Liquor Act 2007 (NSW) sections 102 and 102A
- Who enforces it
- The ABAC Scheme Limited (complaints via Ad Standards); state and territory liquor regulators, for example Liquor & Gaming NSW
- Penalties
- ABAC asks the marketer to withdraw or change a breaching email; in NSW, breaching a notice that bans or restricts a promotion carries fines of up to $5,500.
What it means for your email
- The ABAC code covers alcohol marketing by producers, distributors and retailers in any medium, including direct-to-consumer and digital media.
- Alcohol marketing must not be sent to a minor (under 18) by electronic direct mail, unless the minor gave a wrong date of birth or age.
- It must not be sent to anyone who has asked to be removed from the marketing list.
- Don't show anyone under 25 in a visually prominent way, whether they are paid models, influencers or anyone else, or anyone who is or looks under 18 unless in an incidental role and not drinking.
- Don't show or encourage drinking above the national guidelines, rapid drinking, or drinking while pregnant or breastfeeding.
- Don't sell a drink on its strength or intoxicating effect, though you may point out that it is lower in alcohol than similar drinks.
Do
- Age-check your alcohol list so it holds only adults, for example by collecting a date of birth at sign-up.
- Act on opt-outs across every alcohol list.
- Use visually prominent people who are 25 or over and look adult.
- Check the promotion guidelines of the state or territory where the licence is held before running a price deal.
Don't
- Don't use imagery, language, games or characters likely to appeal strongly to minors, or designs that look like sweets or soft drinks.
- Don't suggest alcohol improves mood, brings social, sexual or business success, or makes an occasion a success.
- Don't claim health or therapeutic benefits, or that alcohol helps people relax or cope.
- Don't show drinking before or during driving, swimming or other activities that need alertness.
Good to know
- ABAC is self-regulation. Signatories commit to the code, and its Adjudication Panel decides complaints lodged through Ad Standards.
- The code also covers alcohol alternatives (0.5% ABV or less) that look like alcoholic drinks.
- NSW's liquor promotion guidelines apply to all licensees' promotions, including email and SMS marketing. They warn against free drinks and extreme discounts that encourage rapid drinking. Other states have their own rules.
Sources
- ABAC Responsible Alcohol Marketing Code (The ABAC Scheme Limited)
- The Alcohol Beverages Advertising Code Scheme (The ABAC Scheme Limited)
- Liquor promotions (NSW Government)
- Liquor Act 2007 No 90 (NSW Legislation)
Researched by Mailfois · 2026/27 edition · checked 20 October 2026
Not legal advice. This is a plain-English summary. Check the sources for anything specific, or take professional advice. Spotted something out of date? Email [email protected] and we'll credit you if you'd like.