Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
For the purpose of the CAP Code, children are defined as those under 16 years old (Section 5, Children, Definition). It acknowledges that the way in which children perceive and react to marketing communications is influenced by their age, experience and the context in which the message is delivered. Marketing communications that are acceptable for young teenagers will not necessarily be acceptable for younger children, therefore marketers should not assume that children are a homogenous group. Marketers should take care to target marcoms carefully: the ASA receives many complaints that untargeted ads, such as posters, are distressing or socially irresponsible because they might be seen by children.
The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) came into force in May 2008 to help protect consumers, including children, from unfair trading practices. The CAP Code reflects the CPRs, for example in some of the general rules and those specifically dealing with children. The rules are designed to protect children from being misled, exploited or harmed and broadly speaking cover:
1. Direct exhortation to purchase;
- marketers should not make a direct appeal to children to buy advertised products or persuade their parent or other adult to buy for them (Rule 5.4.2).
2. Safety and mental, moral or physical harm;
- children must not be encouraged to take, or be shown taking, risks, for example, behaving dangerously, ignoring the Highway Code or talking to strangers;
- children must not be encouraged to copy unsafe or possibly socially undesirable practices. For example, the ASA receives many complaints that children could copy irreverent or bad behaviour and language. Many are rejected (such as the depiction of rude gestures or mild swearing) but the ASA has upheld complaints if it believes the end result of emulation would harm children. In 2003, a complaint that a mobile phone service that enabled children to send anonymous messages of abuse to their friends could encourage bullying was considered unsuitable for inclusion in a teenage magazine (Onetoo Ltd, 11 June 2003);
- marketers should be careful when using potentially distressing or offensive images, for example, depicting violence in untargeted, or badly targeted, media.
3. Credulity and loyalty:
- marketers should not belittle children or undermine them merely because they do not have the advertised product;
- marketers should not encourage children to make a nuisance of themselves and should not undermine parental authority;
- marketers must not exaggerate what is attainable by an ordinary child using the marketed product.
4. Understanding what is on offer:
- the language and syntax used to communicate the main characteristics of an offer or product (for example, size or performance) should be suitable for the target audience. Complex terms and conditions in sales promotions or hard-to-understand charges are likely to be unacceptable;
- marketers should be clear about commitments;
- a clear statement if adult permission is necessary.
5. Sales promotions (See ‘Sales Promotions’):
- promoters must not exploit children’s susceptibilities to charitable appeals. Care should be taken when, for example, raising money for a donkey sanctuary or other animal charities;
- promotions that offer prizes that might cause conflict must make clear that adult permission is required;
- promotions must not exaggerate the value of prizes or the chances of winning them.
For children and food, see ‘Children: Food’.
Marketers are no doubt aware that most children aged 7 to 15 use the Internet to play games and enter competitions. Research suggests that over 50% of children of that age use the Internet most days and more than three quarters of those surveyed spent more than 20 minutes online every day. Although the marketing potential is huge, so is the possibility to get it wrong. Children are unlikely to complain to the ASA about advertisements and sales promotions that they see on the Internet but marketers nevertheless have a responsibility to comply with the CAP Code in media covered by it. Children should, for example, be able to identify marketing messages (Rule 2.1).
The sections on ‘Children’ are best read together and should be cross-referenced with the main sections of the Code such as Social Responsibility, Honesty, Decency, Safety and Fear and Distress.
Relevant Code rules are listed to the right but these rules from Section 18 (Alcohol) of the Code are also relevant:
18.1 Marketing communications must be socially responsible and must contain nothing that is likely to lead people to adopt styles of drinking that are unwise. For example, they should not encourage excessive drinking. Care should be taken not to exploit the young, the immature or those who are mentally or socially vulnerable.
18.6 Marketing communications must not imply that alcohol might be indispensable, take priority in life or that drinking alcohol can overcome boredom, loneliness or other problems.
18.14 Marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not feature or portray real or fictitious characters who are likely to appeal particularly to people under 18 in a way that might encourage them to drink. People shown drinking or playing a significant role (see 18.16) should not be shown behaving in an adolescent or juvenile manner.
18.15 Marketing communications must not be directed at people under 18 through the selection of media or the context in which they appear. No medium should be used to advertise alcoholic drinks if more than 25% of its audience is under 18 years of age.
18.16 People shown drinking or playing a significant role must neither be nor seem to be under 25. People under 25 may be shown in marketing communications, for example, in the context of family celebrations, but must be obviously not drinking.
Last modified : 01 September 2010