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A Message from the IPA Legal & Public Affairs Team

06 December 2016

CAP issues new rules on Food and Soft Drink Advertising to Children

The Committee of Advertising Practice has announced the introduction of new restrictions for food ads to children in non-broadcast media. Read the full legal alert here.

CTSI publishes new Guide on Pricing Practices

A new pricing practices guide has been issued by the Chartered Trading Standards Institute to help businesses comply with consumer law on providing pricing information to consumers. Read the full legal alert here.

Government Call for Evidence: Review of Gaming Machines and Social Responsibility Measures

This review asks one question relevant to gambling advertising: Is there any evidence on whether existing rules on gambling advertising are appropriate to protect children and vulnerable people from the possible harmful impact of gambling advertising? The Advertising Association has published its response to the review. The response explains that gambling advertising was extensively reviewed in 2014 as part of a Government initiative which showed that current restrictions are effective and offer high levels of protection to young and vulnerable people. It therefore seems precipitate to review gambling advertising again, particularly given the declining levels of both gambling participation and problem gambling, and that compliance with the existing rules is high. The self-regulatory system works. Government intervention by way of, for example, a pre 9pm TV advertising ban, would restrict competition, choice and innovation and have a detrimental impact on advertisers, agencies and media revenues. The current advertising rules are fit for purpose in protecting children and young people whilst striking a balance with the freedom to advertise. The CAP rules, combined with the gambling industry’s IGRG Code, provide a comprehensive regulatory framework meaning that Government intervention is unnecessary.

Sexualisation of U18s in Ads

CAP has now published this consultation. It is open for responses until 19 January 2017.

The consultation proposes the introduction of a new rule into the CAP Code as follows:
4.6 Marketing communications must not portray or represent anyone who is, or seems to be, under 18 in a sexual way. However, this rule does not apply to marketing communications whose principal function is to promote the welfare of, or to prevent harm to, under-18s, provided any sexual portrayal or representation is not excessive.

And it proposes amending the current rule in the BCAP Code as follows:
4.4 Advertisements must not portray or represent anyone who is, or seems to be, under 18 in a sexual way. However, this rule does not apply to advertisements whose principal function is to promote the welfare of, or to prevent harm to, under-18s, provided any sexual portrayal or representation is not excessive.

The consultation questions are:
1. Do you agree or disagree with the introduction of CAP rule 4.6 and BCAP rule 4.4? Please provide any relevant evidence or reasoning in support of your answer.
2. If you do not agree with the introduction of these rules, do you agree with the introduction of a rule in the CAP Code to prevent the sexual portrayal or representation of under-16s? Please provide any relevant evidence or reasoning in support of your answer.

Richard Lindsay – IPA Director of Legal & Public Affairs


Previous IPA Legal & Public Affairs notes

10 November 2016

Last updated 09/12/2016

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