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Advertising & Marketing to Children – Global Report

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Advertising & Marketing to Children – Global Report ADVERTISING & MARKETING TO CHILDREN GLOBAL REPORT NovemBER 2016 CONTENTS INTRODUCTION 03 24. NETHERLANDS 60 13. FRANCE 191 REPORT MAP 04 25. PAKISTAN 62 14. GERMANY 198 COMPARISON TABLE 05 26. POLAND 64 15. GHANA 205 EXECUTIVE SUMMARY 11 27. QATAR 66 16. HONG KONG 210 Section 1: 28. RUSSIA 68 17. INDIA 217 Regulation Summary 13 29. SAUDI ARABIA 70 18. indonesia 225 1. ARGENTINA 13 30. SPAIN 72 19. italy 230 2. AUSTRALIA 15 31. SWEDEN 74 20. JAPAN 235 3. AUSTRIA 18 32. SWITZERLAND 76 21. JORDAN 239 4. Belgium 20 33. THAILAND 78 22. KENYA 245 5. BRAZIL 22 34. UNITED ARAB EMIRATES 80 23. MYANMAR 259 6. CANADA 23 35. UNITED KINGDOM 82 24. NETHERLANDS 263 7. CHILE 25 36. USA 84 25. PAKISTAN 268 8. CHINA 27 37. ZAMBIA 86 26. POLAND 277 9. colomBia 29 27. QATAR 287 10. DENMARK 31 Section 2: IN DeptH 28. RUSSIA 291 Regulation Analysis 87 11. ECUADOR 34 29. SAUDI ARABIA 295 1. ARGENTINA 87 12. EuroPean UNION 37 30. SPAIN 301 2. AUSTRALIA 94 13. FRANCE 39 31. SWEDEN 305 3. AUSTRIA 104 14. GERMANY 41 32. SWITZERLAND 311 4. Belgium 114 15. GHANA 43 33. THAILAND 320 5. BRAZIL 122 16. HONG KONG 45 34. UNITED ARAB EMIRATES 332 6. CANADA 126 17. INDIA 47 35. UNITED KINGDOM 336 7. CHILE 134 18. INDONESIA 49 36. USA 341 8. CHINA 142 19. ITALY 51 37. ZAMBIA 348 9. COLOMBIA 149 20. JAPAN 53 Contributor list 352 10. DENMARK 155 21. JORDAN 55 11. ECUADOR 173 22. KENYA 56 12. EUROPEAN UNION 182 23. MYANMAR 58 02 | Advertising & Marketing to Children Global Report November 2016 INTRODUCTION UNICEF is committed to helping companies and governments adopt best practice in relation to all aspects of children’s rights. This includes both the ways in which products and services are marketed and advertised to children and the use of children in advertising or marketing, and ultimately extends to any related laws, policies or practices that impact children as consumers. The objective of the ‘Advertising and Marketing to Children’ project is to capture as much information as possible about the regulatory framework within which companies and their marketing and advertising agencies operate. This is both from a legislative perspective and where voluntary codes apply. DLA Piper has been commissioned by UNICEF to conduct research across thirty seven jurisdictions and to produce this report which has been done with the support of UNICEF, lawyers from DLA Piper offices and associate firms around the world. DLA Piper’s involvement in this project forms part of the partnership between DLA Piper and UNICEF which to the end of September 2016 has seen the firm undertake over 13,000 hours of pro bono assistance to an estimated value of some £3.3 million towards UNICEF’s global child justice programme. This report is the result of an analysis of the regulatory framework with respect to advertising and marketing to children in the following jurisdictions: 1. Argentina; 11. Ecuador; 21. Jordan; 31. Sweden; 2. Australia; 12. European Union; 22. Kenya; 32. Switzerland; 3. Austria; 13. France; 23. Myanmar; 33. Thailand; 4. Belgium; 14. Germany; 24. Netherlands; 34. United Arab Emirates; 5. Brazil; 15. Ghana; 25. Pakistan; 35. United Kingdom; 6. Canada; 16. Hong Kong; 26. Poland; 36. United States of America; and 7. Chile; 17. India; 27. Qatar; 37. Zambia. 8. China; 18. Indonesia; 28. Russia; 9. Colombia; 19. Italy; 29. Saudi Arabia; 10. Denmark; 20. Japan; 30. Spain; The report demonstrates the diversity of legislative and self-regulatory frameworks that govern advertising and marketing to children internationally. There are also commonalities across the jurisdictions covered. The executive summary explores the themes and patterns that emerge from this initial analysis, both in terms of best practice and areas that require a strengthened regime and a greater focus. The full research table in relation to each jurisdiction covered in this research stage are included as appendices to this report. We would like to thank all our contributors for their assistance and commitment in helping us to complete the report. We have tried to make the report as comprehensive as possible but it should not be regarded as exhaustive. Our researchers, whose names and contact details are listed at the end of the report, have endeavoured to access the most up to date versions of legislation but this has not always been possible. In some jurisdictions, DLA Piper has conducted online research which has been reviewed by local counsel; in the case of Saudi Arabia, this local review has not yet been completed. As such this publication is intended and should be understood as a general overview and should not be relied on or used as a substitute for taking legal advice in any specific situation. DLA Piper UK LLP will accept no responsibility for any actions taken or not taken on the basis of this publication. Copyright © 2016 DLA Piper UK LLP. All rights reserved. www.dlapiper.com | 03 REPORT MAP 04 | Advertising & Marketing to Children Global Report November 2016 COMPARISON TABLE razil UK Italy oland India USA elgium UAE Chile Spain Japan B akistan China Qatar Kenya Russia Ghana Jordan France P Austria Canada Sweden B Ecuador Zambia P Australia Germany Myanmar Thailand Denmark Indonesia Argentina Colombia Hong Kong Switzerland Netherlands Saudi ArabiaSaudi 1 Legal age of 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 20 18 18 18 18 18 18 18 18 N/ 18 18 18 18 18 18 18 18 majority - - A 19 21 2 National legislation regulating marketing and/or advertising generally 2.1 Explicitly addresses marketing and advertising to children Relevant Provisions No provisions Some Provisions Not addressed (Substantial or Complete) www.dlapiper.com | 05 COMPARISON TABLE razil UK Italy oland India USA elgium UAE Chile Spain Japan B akistan China Qatar Kenya Russia Ghana Jordan France P Austria Canada Sweden B Ecuador Zambia P Australia Germany Myanmar Thailand Denmark Indonesia Argentina Colombia Hong Kong Switzerland Netherlands Saudi ArabiaSaudi 3 State or regional legislation regulating marketing and/or advertising 3.1 Explicitly addresses marketing and/or advertising to children 4 Industry code of practice regulating marketing and/or advertising 4.1 Explicitly addresses marketing and/or advertising to children Relevant Provisions No provisions Some Provisions Not addressed (Substantial or Complete) 06 | Advertising & Marketing to Children Global Report November 2016 9.1 9 8 7 6 5 No provisions No aimed at childrenaimed at publications In advertisements: ofplacing the timing/on Restrictions products HFSS advertising onRestrictions pharmaceuticals drugs/ on advertising Restrictions tobacco on advertising Restrictions alcohol on advertising Restrictions Argentina Australia Austria Belgium Some Provisions Some Brazil Canada Chile China Colombia Denmark Ecuador France Germany (Substantial or Complete) or (Substantial Provisions Relevant Ghana Hong Kong India Indonesia Italy Japan Jordan Kenya Myanmar Netherlands Pakistan Poland Not addressed Qatar Russia Saudi Arabia Spain TABLE COMPARISON Sweden www.dlapiper.com Switzerland Thailand UAE UK | USA 07 Zambia COMPARISON TABLE razil UK Italy oland India USA elgium UAE Chile Spain Japan B akistan China Qatar Kenya Russia Ghana Jordan France P Austria Canada Sweden B Ecuador Zambia P Australia Germany Myanmar Thailand Denmark Indonesia Argentina Colombia Hong Kong Switzerland Netherlands Saudi ArabiaSaudi 9.2 Around entertainment programmes aimed at children 9.3 Online, through websites aimed at children 10 Restrictions on advertising and/ or marketing in schools/ children’s clubs/ places children regularly visit 11 Restrictions on using advertising or marketing techniques to appeal to children 12 Restrictions on the use of children in advertising Relevant Provisions No provisions Some Provisions Not addressed (Substantial or Complete) 08 | Advertising & Marketing to Children Global Report November 2016 14.1 14 13 No provisions No to children or advertising and/ marketing issues around to relation mandate in Specific or marketing advertising and/ on regulation legislation/ government compliance with monitors B children to relevant requirements labelling Specific product ody which Argentina Australia Austria Belgium Some Provisions Some Brazil Canada Chile China Colombia Denmark Ecuador France Germany (Substantial or Complete) or (Substantial Provisions Relevant Ghana Hong Kong India Indonesia Italy Japan Jordan Kenya Myanmar Netherlands Pakistan Poland Not addressed Qatar Russia Saudi Arabia Spain TABLE COMPARISON Sweden www.dlapiper.com Switzerland Thailand UAE UK USA | 09 Zambia 10 16 15.1 15 | No provisions No Advertising &Marketing to Children Global Report November 2016 broadcast publication or before advertisements P to children or advertising and/ marketing issues around to relation mandate in Specific advertising or marketing on regulations with industry compliance monitors B re-clearance of re-clearance ody which Argentina Australia Austria Belgium Some Provisions Some Brazil Canada Chile China Colombia Denmark Ecuador France Germany (Substantial or Complete) or (Substantial Provisions Relevant Ghana Hong Kong India Indonesia Italy Japan Jordan Kenya Myanmar Netherlands Pakistan Poland Not addressed Qatar Russia Saudi Arabia Spain TABLE COMPARISON Sweden Switzerland Thailand UAE UK USA Zambia EXECUTIVE SUMMARY The purpose of this report is to understand the Advertising Practice prepared by the International international statutory and regulatory landscape with Chamber of Commerce. Whilst the existence of an regards to marketing and advertising to children. industry code of practice is common amongst the We have assessed countries with developed regulatory jurisdictions surveyed, the codes themselves vary regimes, as well as those countries that are in the widely in terms of their coverage and content. process of developing their statutory and/or regulatory ■ Some form of restriction on the advertising and/or frameworks. marketing of alcohol exists in thirty three of the thirty The report analyses each jurisdiction by reference to seven countries surveyed. Significantly, restrictions a number of specific questions.
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