SECTION 7: CHILDREN

NOTE: This version of section 7 applies to advertisements transmitted 1 July 2007 onwards.  Read the rules that apply to advertisements transmitted by before that date [PDF document].

Background:

(1) The ASA and BCAP are required to have special concern for the protection of children. The ASA and BCAP regard people of 15 and under as children.

(2) The rules in this Section can and should be applied flexibly, taking into account the vulnerabilities and capabilities of both the target age groups and other age groups which might see the advertising.

(3) Emulation, Fears and Misunderstandings is an ITC-commissioned independent review of research into the potential for television advertising to distress or harm children and into children’s ability to understand the commercial objectives of advertising at different developmental stages.

7.1.1 Children’s inexperience

Advertising must not take advantage of children’s inexperience or their natural credulity and sense of loyalty

Notes:

(1) The rules in this Section should be read in conjunction with those in Section 5 (Misleading Advertising).

(2) Children often buy products whose advertising reflects their appeal to a wider audience (for example, snacks or computer games). For the purposes of this Code, the term ‘product of interest to children’ describes this wider category of products or services. ‘Children’s product’ means a product of more or less exclusive interest to children. 

7.1.2 Unrealistic expectations

Advertisements for products of interest to children must take account of the level of experience of those in the relevant age groups so as to avoid arousing unrealistic expectations. 

Notes:

(1) This rule is not relevant if the advertising is only broadcast when those children are unlikely to be watching. (For example, a commercial for a video game broadcast during a late-night film.)

(2) Children’s ability to distinguish between straightforward product demonstrations and imaginative scenes varies with age and the two elements should normally be clearly distinguishable to the relevant age groups. (‘Imaginative scenes’ include, for example, fantasy sequences and shots of the real-life counterparts of toys such as dolls or model trains.)

(3) Children under four typically have little ability to distinguish between imaginative scenes and reality. Those over about 12 generally have adult skills in this area.

(4) Verbal or visual ambiguity which could mislead children must be avoided. Slogans and comments

which adults will recognise as exaggeration or irony may be taken more literally by children. Care is therefore needed.

(5) Backgrounds, sets and special effects must not give the impression that a product includes more, or does more, than is the case.

(6) Quick cuts, unusual camera angles etc may confuse very young children.

(7) Where accessories to a children’s product cost a significant amount, there should normally be no suggestion that they are essential for the enjoyment of the basic product.

(8) The chances of winning a prize, and the value of it, must not be exaggerated, bearing in mind the age and sophistication of the relevant age groups. Licensees should examine the rules of competitions etc to ensure they are reflected fairly in advertising.

7.1.3 Product characteristics 

If advertisements for products of interest to children show or refer to characteristics which might influence a child’s choice, those characteristics must be easy for children of the appropriate age to judge

Notes:

(1) This rule is not relevant if the advertising is only broadcast when such children are unlikely to be watching.

(2) If a child might reasonably expect particular parts or accessories to be included with a product but they are supplied separately, this must be made clear. If essential parts (such as batteries) are not included, this should also be explained.

(3) Demonstrations of toys etc should normally reflect accurately what a child would experience when using them. In particular, if a toy is shown moving, it should be clear whether it can move independently or must be hand operated. Where construction or kit toys are being demonstrated, it is acceptable to show the toys apparently assembling themselves without human help. However, if there is ambiguity about what the product can really do, it may also be necessary to show how the product is really put together.

(4) Where the size of toys etc may be a relevant factor, the actual size must be made easy to judge. This is often done by comparison with a familiar object of unambiguous size. The comparison must not be distorted by, for example, perspective.

(5) The speed of toy cars etc must not be exaggerated by, for example, the use of close-ups.

(6) The rule also applies to free promotional items and premium items. Where proofs of purchase are necessary, advertising should normally explain the number and type required.

7.1.4 Expensive toys

Except in the case of television services carrying advertising directed exclusively at non-UK audiences, advertisements for expensive toys, games and comparable children’s products must include an indication of their price

Notes:

(1) For this purpose, a product will not be regarded as ‘expensive’ if it, plus any essential accessories, are reasonably widely available at a retail price below a figure specified by ASA and BCAP. (At September 2002, this

was £25 but is subject to change.)

(2) Where a range of products is featured in an advertisement, only the most expensive item need be priced.

(3) Where it is impossible to show a precise cost, because retail prices are likely to vary, an approximation is acceptable so long as it is presented as simply indicative. For example, ‘Around £x’ or ‘Costs between £y and £z’.

7.1.5 Prices

Where advertising for a children’s product contains a price, the cost must not be minimised by the use of words such as ‘only’ or ‘just’.

7.2 FOOD AND SOFT DRINK ADVERTISING AND CHILDREN 

On 1 July 2007, a new and important regulation governing nutrition and health claims for foods came into force.  The regulation is complex and mandatory. BCAP encourages broadcasters to take advice on the effect of the regulation and to consult the Food Standards Agency’s Guidance to Compliance with Regulation (EC) 1924/2006 on Nutrition and Health Claims on Foods, which is available at http://www.food.gov.uk  

Notes:  

1. The rules in 7.2 must be read in conjunction with the other rules in this Code, especially section 8.3, ‘Food and Dietary Supplements’. For rules on the scheduling of HFSS product advertisements, please see the BCAP Rules on the Scheduling of Television Advertisements. References to food apply also, where relevant, to beverages.  

2. The spirit, as well as the letter, of the rules in this section applies to all advertisements that promote, directly or indirectly, a food or soft drink product.  

3. These definitions apply in rule 7.2:

• Children - refers to persons below the age of 16.
• Advertisements targeted directly at pre-school or primary school children – advertisements that directly target pre-school or primary school children through their content as opposed to their scheduling. For rules on the scheduling of HFSS product advertisements, please see the BCAP Rules on the Scheduling of Television Advertisements.
• Licensed Characters - those characters that are borrowed equities and have no historical association with the product.
• Equity Brand Characters - those characters that have been created by the advertiser and have no separate identity outside their associated product or brand.
• HFSS products - those food or drink products that are assessed as high in fat, salt or sugar in accordance with the nutrient profiling scheme published by the Food Standards Agency (FSA) on 6 December 2005. Information on the FSA’s nutrient profiling scheme is available on the FSA website at: http://www.food.gov.uk/healthiereating/advertisingtochildren/nutlab/nutprofmod

7.2.1 Diet and lifestyle

Advertisements must avoid anything likely to encourage poor nutritional habits or an unhealthy lifestyle in children.

Notes:

(1) This rule does not preclude responsible advertising for any products including those that should be eaten only in moderation.
(2) In particular, advertisements should not encourage excessive consumption of any food or drink, frequent eating between meals or eating immediately before going to bed. (3) It is important to avoid encouraging or condoning attitudes associated with poor diets, for example, a dislike of green vegetables.
(4) Portion sizes or quantities of food shown should be responsible and relevant to the scene depicted, especially if children are involved. No advertisement should suggest that a portion intended for more than one person is to be consumed by a single individual or an adult’s portion, by a small child.
(5) Advertisements for food should not suggest that an inactive or sedentary lifestyle is preferable to physical activity.

7.2.2 Pressure to purchase

Note: Please see also 7.3 (Pressure to purchase)

(a) Although children may be expected to exercise some preference over the food they eat or drink, advertisements must be prepared with a due sense of responsibility and should not directly advise or ask children to buy or to ask their parents or other adults to make enquiries or purchases for them

Notes:

(1) This extends to behaviour shown: for example, a child should not be shown asking for a product or putting it into the parent’s trolley in the supermarket.
(2) Phrases such as “Ask Mummy to buy you” are not acceptable.

(b) Nothing in an advertisement may seem to encourage children to pester or make a nuisance of themselves.

(c) Advertisements must not imply that children will be inferior to others, disloyal or will have let someone down, if they or their family do not buy, consume or use a product or service.

(d) Advertisements must neither try to sell to children by appealing to emotions such as pity, fear, loyalty or self-confidence nor suggest that having the advertised product somehow confers superiority, for example making a child more confident, clever, popular, or successful.

(e) Advertisements addressed to children should avoid ‘high pressure’ and ‘hard sell’ techniques, i.e. urging children to buy or persuade others to buy. Neither the words used nor the tone of the advertisement should suggest that young viewers are being bullied, cajoled or otherwise put under pressure to acquire the advertised item.

(f) If an advertisement for a children’s product contains a price, the price must not be minimised by the use of words such as ”only” or ”just”.

Note:

Products and prices should not be presented in a way that suggests children or their families can easily afford them.

7.2.3 Promotional offers

Promotional offers should be used with a due sense of responsibility. They may not be used in HFSS product advertisements targeted directly at pre-school or primary school children.

(a) Advertisements featuring promotional offers linked to food products of interest to children must avoid creating a sense of urgency or encouraging the purchase of excessive quantities for irresponsible consumption.

(b) Advertisements should not seem to encourage children to eat or drink a product only to take advantage of a promotional offer: the product should be offered on its merits, with the offer as an added incentive. Advertisements featuring a promotional offer should ensure a significant presence for the product.

(c) Advertisements for collection-based promotions must not seem to urge children or their parents to buy excessive quantities of food. They should not directly encourage children only to collect promotional items or emphasise the number of items to be collected. If promotional offers can also be bought, that should be made clear. Closing dates for collection-based promotions should enable the whole set to be collected without having to buy excessive or irresponsible quantities of the product in a short time. There should be no suggestion of “Hurry and buy”.

(d) If they feature large pack sizes or promotional offers, e.g. “3 for the price of 2”, advertisements should not encourage children to eat more than they otherwise would.

(e) The notion of excessive or irresponsible consumption relates to the frequency of consumption as well as the amount consumed.

7.2.4 Use of characters and celebrities

Licensed characters and celebrities popular with children must be used with a due sense of responsibility. They may not be used in HFSS product advertisements targeted directly at pre-school or primary school children.

Notes:

(1) Advertisements must not, for example, suggest that consuming the advertised product will enable children to resemble an admired figure or role-model or that by not doing so children will fail in loyalty or let someone down.
(2) This prohibition does not apply to advertiser-created equity brand characters (puppets, persons or characters), which may be used by advertisers to sell the products they were designed to sell.
(3) Persons such as professional actors or announcers who are not identified with characters in programmes appealing to children may be used as presenters.
(4) Celebrities and characters well-known to children may present factual and relevant generic statements about nutrition, safety, education, etc.

7.3.1 Direct exhortation  

Advertisements must not directly advise or ask children to buy or to ask their parents or others to make enquiries or purchases for them.

This rule reflects the Consumer Protection from Unfair Trading Regulations 2008. This rule applies to advertisements that appear after 21 November 2008.

7.3.2 Unfair pressure

Advertisements must not imply that children will be inferior to others, disloyal or will have let someone down, if they or their family do not use a particular product or service

7.3.3 Children as presenters

Children in advertisements must not comment on product or service characteristics in which children their age would not usually be interested

7.3.4 Direct response

Advertisements which offer to sell products or services by mail, telephone, email, internet or other interactive electronic media must not be aimed at children

7.4 HARM AND DISTRESS

7.4.1 Mental harm

Advertisements must not contain material which could lead to social, moral or psychological harm to children

Note:

Negative or anti-social attitudes reflected in commercials may endorse similar attitudes amongst children. For example, advertisements should not:

(a) present criminal activities in a way which is likely to condone comparable behaviour in real life. (Scenarios which are clearly comedy or drama do not generally cause problems.)

(b) disparage education, high personal standards or caring qualities

(c) appear to condone boorish, greedy or anti-social behaviour

(d) present aggression as admirable or suggest it is an acceptable means of resolving problems or getting one’s own way in real life.

7.4.2 Physical harm

Advertisements must not contain material which could lead to physical harm to children

Notes:

This guidance indicates particular areas of risk but is not exhaustive.

(1) Harmful emulation: Children sometimes copy dangerous or anti-social behaviour shown in advertisements. Experience and research have indicated that the following can be contributory factors:

            a) the behaviour is easy to copy (ie without special preparations)

            b) the scenario seems realistic rather than fantasy; live action rather than cartoon

            c) the behaviour and the hero are ‘cool’

            d) the product or advertising appeals to the relevant age groups.

Even if no children appear in an advertisement, it may be possible for examples set by adults to encourage or condone dangerous or anti-social behaviour by children. Experience has also shown that even advertisements with no obvious youth appeal can trigger emulation if the action itself is particularly intriguing. Care should be taken that dangerous behaviour will not be seen as a challenge or dare.

Licensees should balance the risk of the behaviour (or similar actions) actually being copied by children against how serious the consequences could be if there was emulation. Clearly, the less serious the potential consequences, the more leeway is available. For further information see Copycat Kids? an ITC-commissioned report on research into emulation risks.

(2) Safety: Advertisements must not encourage or condone potentially dangerous behaviour and should not discourage children from following established safety guidelines. The advice of relevant safety organisations should be sought where there is doubt.

Particular care should be taken with:

            a) road safety for children as pedestrians, cyclists or passengers

            b) domestic situations (where most accidents happen)

            c) medicines and chemicals, or items which could be mistaken for them

            d) dangerous machinery, fire, matches etc. (Because children may be particularly attracted to what other children are seen doing in commercials, they should not normally be shown using products which are not intended for them and which can be dangerous.)

            e) playing in or near water, or digging ‘caves’ in sand dunes etc. (Children have died when caves have collapsed.)

(3)  Clubs: Licensees should normally obtain satisfactory evidence that children’s clubs promoted in advertising are responsibly supervised.

7.4.3 Bullying

Advertisements must not encourage or condone bullying

Notes:

(1) Except in appropriate charity or public service advertising, advertisements should not normally show scenes of bullying, taunting or teasing, or of children being ostracised or criticised behind their backs.

(2) Care is needed with stereotypes of children to avoid the risk of bullying. Children who are ‘different’ physically or in behaviour, ability or background must not be presented as unpopular or unsuccessful. Nor should they normally be presented as non-users of a product or service or unworthy of it. However, even if an advertisement portrays only adults being stereotyped, an ill-judged stereotype could still be harmful to children (for example, by encouraging bullying).

7.4.4 Vulnerability

Advertisements must neither encourage children to go off alone or with strangers nor show them doing so.

7.4.5 Sexuality

Advertisements must not portray children in a sexually provocative manner

Note:

Scenes in which children are not fully clothed require careful consideration.

7.4.6 Distress

Advertisements likely to cause distress to children must not be shown in children’s programmes, or in programmes likely to be seen by significant numbers of younger children

Notes:

(1) Distress may be caused, particularly to younger children, by frightening material, extreme appeals to the emotions etc. However, there can be cases where a very few children, because of their individual circumstances or experiences, may be upset by material which would not affect the vast majority of children. In those cases, the ASA and BCAP would not be justified in taking action.  Experience has shown that children up to four years can be upset if their feelings of security are undermined by, for example, the use of ‘morphing’ (computer effects) to distort real human faces grotesquely. Young children often sit close to the screen and this can magnify the impact of disturbing material.

Some children up to about ten years old may also be distressed by, for example, aggression or inter-personal violence which seems ‘real’.

(2) Advertisements likely to distress children will require timing restrictions whether or not the campaign is intended for a young audience. (See 7.3.7)

7.4.7 Use of scheduling restrictions

Appropriate timing restrictions must be applied to advertisements which might harm or distress children of particular ages or which are otherwise unsuitable for them

Notes:

(1) Please also see the BCAP Rules on the Scheduling of Advertising.

(2) The following advice reflects decisions and guidance derived from past cases including those published in Ofcom Advertising Complaints Reports.

The ASA and BCAP distinguishes between two kinds of advertising problem in this area:

Inappropriate advertising

The ASA and BCAP believe that parents should feel confident that they can allow even the youngest children to watch, unaccompanied, programmes made specifically for children. Excluding advertising from breaks in or around these programmes, or from children’s channels, is often called an ‘Ex Kids’ restriction. It is a suitable restriction for advertising which is inappropriate for children up to about eight years old (as long as it is not likely to be harmful or distressing to them). Even mildly sexual or aggressive content must be excluded.

If advertising is inappropriate for children over eight, Ex Kids may not be sufficient.

The following may be useful in considering which timing restrictions are appropriate: