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EUROPE, MIDDLE EAST & AFRICA: GERMANY

Current Developments in Advertising to Children and Youths
Author: Rudolf du Mesnil, Heuking Kühn Lüer & Wojtek

In a recent decision, the German Federal Supreme Court has ruled that ads inviting minors to download ring tone melodies are misleading if the ad does not specify the average duration of the downloading process so that the total cost of the purchase can be determined. Advertising only the cost per minute is characterized as an unfair exploitation of a minor’s inexperience in dealing with the costs of extended downloading operations (I ZR 125/03).

Tobacco Products Sales

Based on a change of the German Federal Youth Protection Act in 2003 (no sale of tobacco products to minors under the age of 16), all cigarette vending machines in Germany had to be technically adjusted by January 1, 2007. As of this year, Tobacco products vending machines work only with credit cards, bank payment cards or drivers licenses if these electronically identify the user as being 16 years or older.

Other Developments:

German print, audio and TV advertising is aiming at a young generation that has more money to spend than ever before. In terms of size, though, in the next couple of decades, the number of children and youths in Germany will probably decrease by 30 percent, although the total spending budget is expected to remain stable.

This target group of teenagers has clear visions of what one should own, use, look like, enjoy and consume. Early access to money, mobile telecommunication, computers/Internet and the advertising media has generated a special desire for brands and lables. In response, the advertising industry is addressing children and youths with even greater determination.

Protection of minors against detrimental advertising content is scattered over a number of laws and regulations on the Federal and State level. Generally, it is prohibited to exploit lack of experience, to induce children in ads to ask parents or third parties to purchase advertised products or services, to exploit a special trust and belief of children in the authority of parents, teachers and other principals. Alcohol and tobacco advertising may not be aimed at minors. It is prohibited to advertise with indecent or otherwise detrimental (violent) content. No advertising is permitted in childrens programmes (or parts of regular programmes specially aiming at children) if such advertising may have a detrimental effect on the development or education of a child. Additional rules apply on the basis of European TV Directives. All of these rules indirectly also prohibit the participation of minors in the creation of such prohibited advertising.

There are government and self-regulatory bodies involved in the supervision and enforcement of these rules.