The owners of some of Australia’s most iconic touring cars are campaigning for an exemption from laws governing tobacco advertising after cigarette signage on vehicles resulted in Foxtel’s Kayo streaming service dropping a race from its coverage recently.

A Touring Car Masters Trophy Race was axed by Kayo on August 29, with the broadcaster telling viewers the move was made for legal reasons. Driver David Hender took to Facebook to explain that the presence of two “cigarette advertising cars” – one of which was his – was behind Kayo’s move.

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All tobacco and e-cigarette advertising is currently banned in Australia under the Public Health (Tobacco and Other Products) Act of 2023. Cigarette sponsorship was subject to sweeping restrictions in legislation passed in 1992, but that act contained loopholes that let cars race with cigarette logos provided they met certain criteria.

Motorsport Australia responded to the race being dropped from TV by updating its rules on tobacco advertising on September 8, with a new section stating that all cars must comply with the 2023 Act. It also says “any Automobile livery that promotes or is likely to promote a regulated tobacco product must be removed or covered”.

The governing body had to make the change because the previous regulations were based on the 1992 Act, according to SpeedCafe. The site also reported that several competitors in the recent Heritage Touring Cars event at Sydney Motorsport Park were forced to cover up their tobacco sponsorship.

One of the drivers affected, David Towe, hit out after he had to cover the John Player Special signage on his BMW. “Motorsport Australia are now enforcing the ruling again and they’re taking it a step further,” he said. 

“We’re not to be seen in public, not only on the track, but not in public with any cigarette sponsorship on our cars. That brings up an interesting point… Does that then extend to my jumper? It’s got the JPS logo on it … this looks kind of ridiculous.”

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Towe has also started a petition at change.org as he campaigns for historic racing cars to be made exempt from the ban. It has received almost 7000 signatures.

Heritage Touring Cars (HTC) organisers are also after a dispensation from Motorsport Australia. Former HTC boss and current advisor Terry Lawlor told SpeedCafe, “Motorsport Australia are not the villains here, it’s really the broadcasters … You can’t just erase history. Everywhere around the world, they don’t have these crazy rules that you’ve gotta cover up any of the original livery.

“I understand if it’s a new build or a replica, but when they’re the original cars I just don’t see how you can erase history like that.”