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Brazilian Senate approves law restricting advertising to children
Date: 09/07/2008
On 9 July, the Standing Committee on Consumer Protection of the Brazilian Chamber of Deputies approved a draft bill banning the marketing of any products or services to children under the age of twelve and restricting marketing to children aged twelve to eighteen. The draft bill states that "[any form of advertising] of any product or service must always be directed at the adult public."
Marketing to children under the age of 12: Under the draft proposal, the following marketing techniques among others would be banned which are deemed "to appeal to children under the age of twelve":
- "Use of certain language or music;
- Use of animated characters, children, presenters or celebrities;
- Special effects and excessive use of colour;
- Prize draws, premiums and give-aways."
Under the current proposal, the rules would apply to broadcast and print media, as well as the Internet and "packaging, promotions and merchandising at the point of sale". TV advertising would be "banned fifteen minutes before and after children's TV shows and shows which have a majority of children viewers."
In addition, children under twelve would be banned from participating or being depicted in any type of commercial marketing communications "except government campaigns on healthy nutrition, security, education, health, among others."
Marketing to children aged 12-18: With regard to marketing to children aged between twelve and eighteen, the draft bill states that "any advertising or marketing communication directed the adolescent, must, among others:
- "Take special care of the psychological characteristics of the adolescent;
- Respect the naivety, inexperience and the feeling of loyalty to other adolescents;
- Not induce the feeling of inferiority in the adolescent, in case he or she does not buy certain products;
- Not capitalise on belief, fear and superstition;
- Not induce any form of violence;
- Not entice to any form of degradation of the environment;
- Constitute a true depiction of the product or service offered, clarifying on its characteristics and functioning."
In addition, the draft proposal "forbids any 'merchandising' during programmes of entertainment directed at adolescents and the use of the words 'somente' and 'apenas' (meaning 'only' / 'just') next to the prices of products and services."
Source: Advertising Education Forum
WFA Comment: The draft bill now requires discussion within the Chamber of Deputies, specifically within the Commission of Constitution and Justice. If approved, it will be submitted to the Senate, where it can be amended further and voted upon again. The Brazilian Advertisers Association (ABA) will be coordinating with media and agency interests in the next two weeks in order to formulate a common industry strategy. WFA will assist ABA in the formulation of relevant arguments.
