No-Nos in Europe

Many European countries have or are considering regulations to govern promotions and advertising to minors. In most cases, limitations are set by state law or self-discipline statutes. Sometimes, judicial precedents may be of relevance – in Finland, Germany, and Sweden, for example.

Regulations generally refer to one of three things:

– Specific products whose use or consumption may be dangerous or at least requires special care, such as pharmaceuticals, some toys, and certain foods like soft drinks and burgers. For example, the British Codes of Advertising and Sales Promotion specify that marketing to children should not actively encourage them to eat or drink at or near bedtime, to eat frequently throughout the day, or to replace main meals with candy or snack foods. Most European countries also have bans or strict limitations on alcohol and tobacco marketing.

– Media used, especially those deemed particularly adept at persuading minors and those that play off child psychology. Swedenlimits all TV and radio marketing to children 12 and under and direct marketing to children under 16.

– Use of famous characters including actors, athletes, and cartoon or comic characters.

Rules governing media focus on radio and TV programs themselves as well as advertising during programs. In Italy, adult-oriented programs must display a symbol before airing warning that the show is not suitable for children.

Laws also generally apply to print ads and news stories. In Central Europe and Scandinavia, the government also regulates direct marketing.

INTERNET LAWLESSNESS

Strangely, only a few countries have as yet worried about marketing efforts disseminated through the Internet. This may be due to the fact that European consumers have been slow to adopt the Internet, although offers of free connections in recent months have speeded up the adoption rate. Until now, the whole issue has been of moderate interest to legislators in many countries.

Recent scandals have focused attention on the misuse of the Internet by minors accessing pornographic sites and pedophiles targeting minors. That has brought Internet issues to the attention of politicians in many countries – even to the institutions of the European Union – and prompted debate on the rules concerning such means of communication.

European legislators have addressed the use of minors in ads and promotional campaigns, but only in Austria and the U.K. have legislators adopted restrictions on the use of animated characters and celebrities. Belgium is considering a limit on the time frame during which marketers can run ads during two close holidays, St. Nicholas Day and Christmas. It is believed that advertising starts much too early and creates confusion between the two events.

Promotion marketing lawyers agree that something is boiling on a pan-European level and expect the European Union to set restrictions of its own in the next two to three years. It’s not clear whether there will be specific rules for marketing to children, but there is certain to be a hot debate on the issue, with a number of countries pressing hard for marketing limitations and the in. industry opposing them.

Consumer groups are lobbying national governments for additional restrictions on television advertising to children. Although proposals differ, they all have the same ethical origin: Advocates say that children should be able to distinguish advertising from programming. Groups are pushing for heavy restrictions or outright bans, stating that children are easy prey for marketers.

Some years ago, the Swedish government tried to ban TV advertising to children under 12. The proposal failed, but received positive support from some European countries. Since then, Sweden fought – and lost – an important battle before the European Court of Justice regarding the applicability of the “Television Without Frontiers” directive. The Court ruled that ads broadcast from the U.K. to Swedish viewers were to be judged by the laws of the U.K. Swedish legislation was considered not applicable.

Braced by these defeats, the Swedish government is now expected to join forces with friendly member countries to put an advertising ban back on the E.U.’s agenda when Sweden takes over the presidency in 2001.

Marketers, meanwhile, continue to oppose further restrictions on this goldmine of opportunity to reach young TV viewers. Because the stakes are so high, a hard battle of interests is expected in the years to come.

Unfortunately, such a battle will be so fierce and so nationally biased that it will probably steal attention from other issues that are more important to the development of the Union. There’s also a risk that the opponents will be so focused on TV that neither side will address regulation of the Internet.