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EUROPE, MIDDLE EAST & AFRICA: DENMARK

Marketing Directed to Children and Youngsters
Authors: Johan Løje & Hans Flensted-Jensen, Sandel Løje Wallberg

The Danish Marketing Practices Act (MPA) has a specific provision on marketing towards children, which reads as follows:

Article 8

1. Marketing directed at children and young people shall be framed with specific reference to their natural credulity and lack of experience and critical sense, as a result of which they are readily influenced and easy to impress.
2. Marketing directed at children and young people must not directly or indirectly incite them to violence, use of intoxicants (including alcohol) or other dangerous or inconsiderate behaviour, nor make unwarrantable use of violence, fear or superstition in order to influence them.

The provision has been part of the MPA since July 2006, when the entire MPA was revised.

The New Rules

Previously the practice of the Consumer Ombudsman has been referring to the principles of the ICC Codex article 14. The new specific provision represents a toughening of the set of rules existing hitherto. Article 8 of the MPA is in general a tightening of the rules of advertising set out by the rest of the MPA. Businesses are expected to acknowledge the responsibility set out, and are encouraged to issue internal ethical rules and guidelines.

Violation of article 8 is not independently punishable, but it can be met with an injunction or order. However, since the provision represents a tightening of the general rules of marketing, any violation of the provision will usually also be a violation of other provisions, e.g. article 3 (misleading conduct), article 4 (identification of advertising) etc. These provisions are punishable by fine or in severe circumstances by prison sentence.

Hitherto there have been no rules granting the possibility of an increase of the punishment for advertising towards children. Any assessment of a violation had to be done with reference the MPA’s generals provisions.

Thus, it is likely that the new rule on advertising towards children will be enforced quite strict, due to its tightening of other provisions in the act.

Definition of Children

Children are generally to be understood as people of 18 years or younger. However, the actual target group is relevant when assessing the advertising. An advertisement towards small children must be assessed differently from one towards 15-16 year old children. The requirements are tougher the younger the target group is. But still the business must take into consideration who the advertisement else might be exposed to. If the advertisement is e.g. posted in public places, such as buses, outdoor posters etc., it is very likely that small children will see it, even though the target group is older children. The same rule applies to any other advertising. If it is likely that it will be exposed to children, it must comply with rules regarding advertising towards such. This is of particular interest regarding TV and cinema commercials. Any advertisement in connection with children’s programmes or movies must comply with the above mentioned rules.

Content of the Rules

According to the MPA advertisements must be clearly identifiable as such. This requirement is tougher when it comes to advertising towards children. It must be very clear to the target group that it as actually an advertisement and the business aim to sell a product.

Advertising towards children may not contain violence, sexual content, alcoholic consumption or any other social irresponsible behaviour. Further, the advertising may not undermine social values, such as give the impression of social success can be obtained by using the product. In addition the advertising my not undermine the parents/guardians authority and may not encourage children to persuade parents/guardians to by the product. The description of the product must be more accurate and realistic than in advertisements towards adults.

Regarding advertising and sponsoring in schools, such as books, IT technology etc., it is up the individual school whether to accept this. It is not prohibited but any such sponsoring must be in compliance the rules of advertising towards children.

Direct mails to children is only permitted of the parents/guardians have consented to this. The same goes for the collection of name, address and e-mail in order to be able to send marketing material to the children.

Conclusion