Legal and regulatory controls on advertising and marketing to children in the United Kingdom

Abstract

Examines the stringent existing regulations on advertising and marketing to children under 16 (or 18 in the case of alcohol); these safeguards are nevertheless under scrutiny because of growing concern in the UK and Europe. Outlines the three sets of codes of conduct applying to broadcast and print media, covering television, radio, and non‐broadcast advertisements, promotions and direct marketing. Discusses the issues of safety, physical, mental and moral harm; recognising children’s credulity, loyalty, vulnerability and inexperience; the areas of alcohol, food, and toys; and the problem of pester power, especially in the case of “tweenagers” between 13 and 16. Moves on to the prohibitions and restrictions concerning the advertising of medicines, weight control or slimming products, distance selling, and lotteries, pools and bingo; the power of the Radio Authority and ITC to control broadcast time scheduling of inappropriate advertisements; and special problems of data protection in the case of children. Concludes with a look at future developments such as Ofcom.