Toy Industries of Europe

Self- Regulation of Children's advertising
Prepared for Toy Industries of Europe, Brussels
Jeffrey Goldstein, Ph.D.
November 2001

If objective claims are made in an advertisement directed to children, the advertiser should be able to supply adequate substantiation of the claims. Children should not be urged to ask parents or others to buy products. Advertisements should not suggest that a parent or adult who purchases a product or service for a child is better, more intelligent or more generous than one who does not. Information about products purchased separately, such as accessories or individual items in a collection, should be disclosed clearly to the child audience. Advertisements should not portray adults or children in unsafe situations, or in acts harmful to themselves or others. For example, when athletic activities, such as bicycle riding or skateboarding are shown, proper precautions and safety equipment should be depicted.

Government red tape? On the contrary - these are regulations that advertisers impose on themselves to ensure that advertising to children is decent, honest and truthful. Known as SELF-REGULATION, it is advertisers way of ensuring that advertising is credible and deserves the trust and confidence of consumers.

Why self-regulation?

Freedom to advertise carries with it certain responsibilities. If consumers are misled by advertising, they will not buy again; if offended, they are unlikely to buy in the first place. Because children are in the process of developing their knowledge of the physical and social world, certain presentations and techniques that may be appropriate for adult advertising may mislead children if used in child-directed advertising. The function of self-regulation is to designate those areas that need particular attention to avoid deceptive advertising messages to children.

Self-regulation is the most effective method available for protecting consumers and fostering high levels of public trust and confidence. Its objective is to promote the highest standards of advertising and to provide advertisers with a system of voluntary principles and guidelines that will assure responsible, appropriate, truthful, and accurate advertising. Advertising codes advise sensitivity to areas such as truth and accuracy, violence, sex, offensive verbal or physical actions, and safety.

Legitimate complaints from all sources that relate to advertising are investigated. Self-regulatory organizations are responsible for resolving concerns or complaints raised by consumers. There is no cost to the consumer.

Self-regulation may vary from country to country, but its underlying principle is always the same: that advertising should be legal, decent, honest and truthful, prepared with a sense of social responsibility to the consumer and society. This is achieved by means of rules or principles of best practice, by which the advertising industry, media, and service providers voluntarily agrees to be bound. The rules are applied by self-regulatory organisations (SROs) set up for the purpose and funded by the advertising industry and media. The aim is to ensure high standards in advertising and thus to maintain consumer trust and confidence, to the benefit of all concerned.

Why this booklet?

Advertising to children carries with it special responsibilities because of children’s lack of experience and knowledge. The Toy Industries of Europe recognizes its responsibilities to children. It supports effective self-regulation of children’s advertising, and returns advertising revenues to support children’s television programming and children’s media literacy programmes. The Toy Industries of Europe has prepared this booklet to inform you of the rules and regulations concerning advertising to children. A system of self-regulation and enforcement can only work with widespread awareness of the codes and complaints procedures. This booklet describes the self-regulation process and what you as a consumer can do when you feel that these rules are violated in practice.

Two basic elements of self-regulation

  1. A code of practice or set of guiding principles governing the content of advertisements and based on the premise that all advertising should be legal, decent, honest and truthful.
  2. A process for the establishment, review and application of the code. In order to ensure that the system is impartial, the body responsible for the practical application of the code is independent of the industry body responsible for the initial establishment of the code. Complaints from consumers or others are handled quickly and without cost

  1. Codes for ethical advertising


    All advertising is subject to restrictions. In many EC countries there is a combination of statutory and self-regulatory control of advertising. Laws set the limits within which self-regulation operates.

    The basis for nearly all self-regulation is the International Chamber of Commerce Code of Advertising Practice, first published in 1937 and updated regularly as conditions warrant. Self-regulatory codes handle the details of advertising content, particularly those areas that matter very much to consumers - decency, honesty, accuracy. Self-regulation has the advantages of speed, flexibility and low costs, which detailed legislation cannot equal. Self-regulatory organizations are funded almost exclusively by advertisers, advertising agencies and the media.

    Guidelines concern such areas as product presentations and claims, sales pressure, disclosures and disclaimers, endorsements and promotion by programme characters, premiums and safety.

    Here are some of the regulations that advertisers agree to:

    Advertisements should not exploit the inexperience or credulity of children.

    Advertisements should not understate the degree of skill or age level generally required to use or enjoy products.

    Advertisements should not contain any statement or visual presentation that could have the effect of harming children mentally, morally, or physically.

    Advertisements should not undermine the authority or responsibility of parents.

    Advertisements should not include any direct appeal to children to persuade their parents or other adults to buy advertised products for them.

    An advertisement should accurately reflect the nature and content of the product it represents. An advertisement should not mislead the consumer as to the product’s true character.

    Portrayals of violence and presentations that could frighten or provoke anxiety in children should be avoided.

    Programme personalities, live or animated, should not be used to sell products in or adjacent to programmes primarily directed to children in which the same personality or character appears.

    Although many influences affect a child’s personal and social development, it remains the prime responsibility of the parents to provide guidance for children. Advertisers should contribute to this parent-child relationship in a constructive manner.

    One advantage of self regulation over government regulation is its ability to adapt rapidly to changing circumstances. Some European countries already have self-regulation guidelines for interactive electronic media, such as the internet.

    The solicitation of personally identifiable information from children (for example, full names, addresses, e-mail addresses, phone numbers) triggers special privacy and security concerns. Before asking children for information about themselves or others, advertisers should remind children to ask a parent for permission to answer the information-gathering questions (for example, ’You must ask your mom or dad if you can answer these questions’).

  2. Enforcement of self-regulatory codes


    Self-regulatory organizations usually include representatives of the different parts of the advertising industry and the media, often as well other members who are independent or represent interests outside the industry, such as academics, consumers and the medical profession. Its decisions are usually available to the interested public.

    Any person or entity may submit a complaint concerning an advertisement or an advertising campaign. Codes are always applied in the spirit as well as the letter and the burden of proof is reversed, so that the advertisers are required to substantiate their claims, rather than the complainants having to prove their case.

    When advertising is found to be misleading, inaccurate or inconsistent with the guidelines, the self-regulatory organization seeks changes through the voluntary cooperation of advertisers.

    Cross-border complaints (where the advertisement originates in a country different from that of the consumer) are usually handled in the country where the broadcast originates.

    Different European countries have different histories and traditions regarding media and commerce. One of the principal strengths of self-regulatory systems is their ability to reflect the cultural and commercial traditions in which they exist. For example, in the United Kingdom, it is the responsibility of the independent television stations to ensure that advertisements comply with the ITC code of practice, which gives detailed guidance on the portrayal of children and toys in television advertisements. In Denmark, Finland, and Sweden complaints are handled by a Consumer Ombudsman. Country by country information is provided below.

How to file a complaint


If you think a commercial, advertisement or advertising campaign is unfair, dishonest, misleading, unethical, or harmful, you can complain to one of the organizations below. Mention the advertisement, product, where/when it was seen, and the reason for your objection.

Austria

Osterreichischer Werberat
Wiedner Haupstrasse, 63
A1045 Vienna
Tel.: +43 1 501 05 3760
Email: werbung@wk.or.at

Belgium

Jury d’Ethique Publicitaire / Jury voor Eerlijke Praktijken Inzake Reclame
Avenue Louise, 120
B 1050 Brussels
Tel.: +32 2 502 7070

Czech Republic

Rada Pro Reklamu
Skretova 6/44
12059 Praha 2
tel.: +420 2 242 25692
email: rpr@mbox.vol.ca

Denmark

Complaints are dealt with by the Consumer Ombudsman

Finland

Liitetapalautakunta Board of Busoiness Practice of the Central Chamber of Commerce
P.O. Box1000
00101 Helsinki
Tel.: +358 9 696 966 12

France

Bureau de Verification de la Publicite
5 rue Jean Mermoz
F-75008 Paris
Tel.: +33 1 43598945

Germany

Deutscher Werberat
Villichgasse 17
Postfach 201414
53177 Bonn 2
tel.: + 49 228 820920

Great Britain

Advertising Standards Authority (for non-broadcast media)
2 Torrington Place
London WC1E 7HW
Tel.: +44 171 5805555
www.asa.org.uk

Broadcast Advertising Clearance Cente (for television)

200 Gray’s Inn Road
London WC1X 8HF
Tel.: +44 171 8438265
Email: contact@bacc.org.uk

Independent Television Commission

33 Foley Street
London W1P 7LB
Tel.: +44 171 3067705

Greece

Enossi Diafimistikon Etairon Ellados
Yperidou, 7
EL 10558 Athens (Plaka)
Tel.: +30 1 32 46215
Email: admin@edee.gr

Hungary

Onszabalyozo Reklam Testulet
Borbely u. 5-7
H 1132 Budapest
Tel.: +36 1 3492717

Ireland

Advertising Standards Authority for Ireland
ICP House
35/39 Shelbourne Road
Ballsbridge
Dublin 4
Tel.: +353 1 6608766
Email: info@asai.ie

Italy

Istituto dell’Autodisciplina Pubblicitaria
Via Larga 15
I-20122 Milano
Tel.: +39 02 5830975
Email: iapublit@iap.it

Luxembourg

Commission Luxembourgeoise pour l’Ethique en Publicite

Netherlands

Stichting Reclame
P.O. Box 12 352
1100 AJ Amsterdam
Tel.: +31 20 6960019
Email: srcode@xs4all.nl

Poland

Polska Rada Reklamy

Portugal

Instituto Civil da Autodosciplina da Publicidade
Av. Da Republica, 62
1050-197 Lisbon
Tel.: +351 1 7969696
Email: icap@apan.pt

Slovak Republic

Rada Pre Reklamu
Grosslingova, 45
81109 Bratislava
Tel.: +421 7 59276291
Email: rpr@grid.sk

Spain

Asociacion de Autocontrol de la Publicidad
P. de Recoletos, 18
28001 Madrid
Tel.: +34 91 5766601
Email: autocontrol@aap.es

Sweden

Complaints are handled by the Consumer Ombudsman

Switzerland

Commission Suisse pour la Loyaute en Publicite
Case postale 4675
Kappelergasse 14
CH 8022 Zurich
Tel.: +41 1 2117922
Email: info@lauterkeit.ch www.lauterkeit.ch

Turkey

Reklam Ozdenetim Kurulu
Yildiz Cicegi Sok, 19
80630 Istanbul
Tel. +90 212 2578873
Email: rekder@superonline.com

Toy Industries of Europe

www.tietoy.org