Ofcom CEO Stephen Carter used to be Chief Executive of J Walter Thompson, the top flight ad agency.

JWT’s current clients include Smirnoff Ice - indeed the agency flag up the vodka supremo in a section on their website entitled - ‘work that works’. Here’s what they say about the Smirnoff Ice advertising campaign:

Challenge
Create a new, credible ready-to-drink brand in a crowded ‘faddish’ market of predominantly female drinkers.

Result
28% market share in under 2 years following product launch. 92% prompted awareness in first year of launch.

Please note the creation of a, “cheeky, masculine image for the brand” because it could be the last time JWT create such an image for an alcohol related product, and the last year that Stephen Carter gets invited to the agency’s Christmas drinks bash!

Under Ofcom’s proposals on alcohol advertising on television, creating such an image would be illegal. The regulator, prompted by Government, outlined plans earlier in the summer that would prevent advertisers from using celebrities, music, cartoons or animals that could be seen to appeal to teenagers.

In addition, the regulator has also said that advertisers must avoid sexual scenarios and screen adverts that involve only “mature established couples” - no one is sure what this really means. Although, the rule maybe designed around the notion that kids won’t drink alcohol if its advertised to them by actors who look like their parents.

So, you quickly begin to see how it’s going to become difficult for JWT to create a, “cheeky, masculine image for the brand.” And for the viewing public an innovative segment of the television advertising market is about to take a major hit. It’s a shame since some of Britain’s best creative advertising is often on show in alcohol adverts.

There are a whole ream of questions in this debate about the independence of the independent regulator - since Ofcom’s arm must have been twisted by government in order to draw up its proposals on alcohol advertising in the first place.

Furthermore, new rules on advertising - if they are implemented - will be used by the government to stem criticism of the new - more liberal - licensing laws about to emerge from Parliament. This makes you think about the timing and nature of the arm twisting.

In addition, there are also questions about media effects research, and how Ofcom have looked to assess the impact of advertising on society. Apparently, or so it would seem from Ofcom’s conclusions and proposals, appealing advertising is, at least in part, responsible for underage and binge drinking. It seems too convenient to be true.

Quite rightly the advertising industry have found this correlation something of a stretch. They have also found Ofcom’s proposals prescriptive and unworkable. Certainly drinks companies are unhappy and say that they could switch their �130 million annual spend on TV advertising to other media. They also point out that the majority of drinks advertisements currently screened on TV would be wiped out by the new regulations.

Worringly, Ofcom is likely in a hurry to get all of this sorted before regulation of the television advertising market passes over to the self-regulatory based Advertising Standards Authority in November, a move which puts Ofcom as a backstop enforcer rather than front line watchdog. But any decision about the rules on alcohol advertising will still hold in the new regime.

In my view it would be unwise to rush in an area where so much still looks uncertain. Still, with Ofcom keen to stamp their mark on as many areas as possible as fast possible, there will undoubtably be some mistakes. Alcohol advertising looks set to be one of them.