Children as Consumers
43.
We welcome this pan—European initiative, which can only improve parents' and children's understanding and awareness of Online BehaviouralAdvertising. However we have some concerns that the provisions relating to children apply only to children under 13, rather than all children under 16, when there have been calls, for instance from Consumer Focus (Pitt, 2010), to define a child as under 16 in all codes and provisions relating to children. There are also concerns that teens might be disproportionately targeted through this technique (Children's Charities' Coalition on Internet Safety, 2010).
44.
Alongside the steps the advertising industry is taking towards ensuring ethical practice in the use of new techniques, the ASA remit is continually reviewed.As noted above, for example, following the receipt of thousands of complaints about online advertising and marketing, from 1 March 2011 the ASA’s remit was extended to cover non—paid—for space online, such as branded content of social networking sites and brands' own websites.
45.
We very much welcome this significant development in the ASA's role, but it is at a very early stage. There will inevitably be grey areas and occasions when it is difficult to distinguish editorial content from a marketing message, and the ASA will need sufficient resources to police this area.This makes it even more necessary for businesses to step up and ensure their marketing complies with the spirit of the regulation as much as the letter, for example by using the Advertising Association's CHECK website. Parents, too, need to identify areas of concern proactively to companies and the ASA.
46.
However, in the longer term, marketing techniques such as word of mouth need to be brought within the ASA’s remit, and the various voluntary codes and sets of guidance currently in development or use should be aligned with the Advertising Codes to give greater clarity and consistency across all aspects of marketing and advertising to children.
RECOMMENDATIONS
8.
Prohibiting the employment of children as brand ambassadors and in peer-to-peer marketing. The Committee ofAdvertising Practice and other advertising and marketing bodies should urgently explore whether, as many parents believe, the advertising self—regulatory codes should prohibit the employment of children under the age of 16 as brand ambassadors or in peer-to-peer marketing – where people are paid, or paid in kind, to promote products, brands or services. ACTION: Committee of Advertising Practice, the Advertising Association and relevant regulators
9.
Defining a child as under the age of 16 in all types of advertising regulation. The ASA should conduct research with parents, children and young people to determine whether the ASA should always define a child as a person under the age of 16, in line with the Committee of Advertising Practice and Broadcast Committee of Advertising Practice codes. ACTION: ASA
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