What is advertising?
Advertising is media content intended to persuade audiences of readers, viewers or listeners to take action on products, services and ideas. The idea is to drive consumer behavior in a particular way in regard to a product, service or concept.
Many describe Advertising in many perspectives. The most popular being Advertising is the paid, impersonal, one-way marketing of persuasive information from an identified sponsor disseminated through channels of mass communication to promote the adoption of goods, services or ideas.
It is an entirely different concept as compared to Public Relations. In advertising the advertiser has full control of the message, all the way to the audience, the PR professional has control only until the message is released to advertisers who make decisions about whether to pass it on to the audience; and in what form.
Should children be used for advertising?
There is a large debate on as to should kids be used in advertisements that intend to reach masses. Many countries have different point of view regarding this issue. Since the culture, demographics, topology and various micro and macro factors differ in an economy, the countries have different laws/ rules to deal with the issue of use of children in advertising.
We see now days, that the advertising industry is leveraging very much on the use of children. The broad reasons can be attributed to the fact that
- The children are effective endorsers
- Kids deliver the message more effectively than adults
- Kids affect the children of the same age group
But it is also surprising to see that many of marketers are employing children in their advertisements that are high immoral and illegal esp. when it boils down to advertisements of tobacco and liquor industry.
Kids are everywhere.
Use of kids in advertisements was limited to selling milk and other gentle products. But now the young ones are on the verge of influencing the major sectors of an economy like manufacturing, automobile, FMCG products. In all, the kids have found a way to break the clutter and make societal and emotional impact.
Kids are playing an active role of story-teller. Let it be VOLTAS, Tata capital or any other organization, children help communicate the idea in an effective way to influence the potential buyers.
The change in lifestyle, social patterns, and kids are now the decision makers both at home or at work. Featuring of children in advertisements help the company to escape from the boring methods of advertising especially when the product has an important image. Recent advertisements of LIC (Life Insurance Corporations) showcases children choosing different ice-cream flavors and that are used as metaphor for the various options with its Jeevan Saral Policy.
This can be clear from the real life case. In India, Colgate and Pepsodent are the major competitors in the toothpaste market. Both are competing to gain the greatest share of pocket.
Colgate on one side features kids in their advertisements to attract the young target children, preferably age group 5 – 12 years and offers goodies with the purchase of the Colgate toothpaste. Pepsodent is also luring in for the same market and depicts children enjoying snacks, crash meals, ice-creams, sweets . While other kids are scolded by their mom’s for eating the junk food, the kid that uses the Pepsodent toothpaste twice daily was not scolded. This portrays an image that using Pepsodent twice daily will help them get immunity from the tooth decay because of the better quality of the product. This effort of Pepsodent attempts to mislead children, using the children.
This is just one instance that clearly illustrates that how kids can be used for advertising industry. Since sometimes it becomes immoral, unethical, so certain countries have laws/rules and regulations that prevent use of kids in advertisement.
Laws/ Rules and regulations at the Global level:
Let us now discuss various rules and regulations related to use of children in advertisement.
Rules/Laws in India:
Advertising Industry in India is on the fast expansion rate for the last few years and has become a serious and big business growing at a considerable rate. However, the growth of this industry is affected by the prevalent malpractices carried out by advertisers to lure the consumers and sustaining an edge over the competitors.
In India there are specific rules and legislation concerning the advertising and children. However in Indian context they are quite vulnerable to infringement and it is a common sight.
The cable TV Act provides guidelines for programmers and advertisements on television.
- All programs must adhere to the codes before being submitted.
- The Children should not be exposed to any form of bad language during the commercial.
- Children should not be used to promote the programs that are unsuitable for the viewership by children.
- The advertisement featuring kids should not have explicit scenes of violence.
- For the infringement of any of the laws and guidelines the Indian court can punish with a fine of 10000 INR and for the subsequent offence he may be charges with sentence to jail.
Books and magazines:
Publications that are deemed ‘harmful’ to children in India are regulated by the Young Act. ‘Harmful publications’ are defined as
‘books, magazines, pamphlets, leaflets … wherein stories are told portraying criminal offences, acts of violence or cruelty, incidents of repulsive or horrible nature, in such a way that the publication as a whole tends to corrupt a child into whose hands it might fall, whether by inciting or encouraging the child to commit offences or acts of violence or cruelty or in any other manner.’
Advertisements:
There are no specific guidelines about acceptable advertisements aimed at children in India. However, if there is a complaint about an ad it may be withdrawn after consideration by the Advertising Standards Council.
For example, an advertisement for a child’s drink was withdrawn as it featured six children at the top of their class at school, implying the drink had given them exam success. There is also no law in India which lays down guidelines for the use of child models in advertisements.
Whether children should work in this way is a matter of current debate, but there has been no legislation passed as yet. However, there are some strict laws relating to advertising and children. Selling, hiring, distributing, exhibiting or circulating an obscene object to a person under the age of 20 years is punishable with imprisonment for a term of up to three years or fine of up to 2000 rupees or both. Subsequent offences are punishable with an imprisonment of up to four years and a fine of up to 5000 rupees.
Cigarette and Alcohol:
For the advertisements related to you or promotion of tobacco and alcohol, the government of India strictly forbids use of children in that advertisement. The idea behind is that the children are easily influenced by things and if the viewer is a kid; he/ she may presume that the consumption of tobacco and alcohol is not harmful for him/her.
Rules/Laws in Ireland:
On January 1, 2005 the broadcasting commission of Ireland published a new code on use of children in advertising. The codes apply to the jurisdiction in Ireland. The BCI code on advertising and sponsorship formerly covers the advertising related to children however this greatly lays stress on regulation of children advertising.
The major rules and guidelines pertaining to Irish Scenario are listed :
- The children should not be used in the advertisement which does not comply with the moral and ethical standards of the Irish society.
- Children should not be used to promote and advertise something that reflects cruelty and killing.
- Children can only be used in the advertisements related to the products that are reasonably expected to be used by children.
- Children should be used in advertisement if it promotes an idea that interests children.
- The advertisements that may in any way distress the kid shall not use the children in advertisement.
The Road Ahead:
From the above discussion we could say that India and Ireland being miles apart, differ in social and cultural aspects yet both societies find it essential to protect the children, esp. when they are used in advertisement. The result is the setup of various regulatory agencies that emphasis on the adherence to the guidelines and laws.
In India there are a few laws that deal with the issue of use of children in advertisements, although these are in no way comprehensive. In practice TV channels often play around with the Laws/ Rules. Despite of all odds, the advertising laws have come a long way in India and the measures are taken to increase the awareness about the use of kids in advertisements.
Like India, Ireland has also set up the guidelines that foster the safety and careful use of children in advertisements. The laws in Ireland are more mature as compared to India and they are better serving the issue.
As long as an advertisement producer has permission from parents, takes into consideration the special needs of children, and ensures that those children are properly taken care of and compensated, then there is no reason that a child cannot be used in a television advertisement, provided the advertisement should to comply with the rules and regulations of the state.
Kshitiz Keshav Bhardwaj
18.956133
72.834478