Guidelines for increased consumer protection for children Applicable as of 15 March 2009. Issued on 28 January by the Consumer Spokesman and the Children’s Ombudsman.
Guidelines issued by the Consumer Spokesman and the Children’s Ombudsman on increased consumer protection for children as regards marketing that targets children
These guidelines are intended more as an addition to applicable legislation and guidelines, or as support for and explanation of existing rules; these guidelines, therefore, do not include a list of already applicable rules, cf. attachment.
In these guidelines, an effort is made to take account of the views of approximately 100 parties, i.e. interested parties and experts whose opinion has been sought, both at the administrative level and elsewhere, such as government ministers and members of parliament, interest groups, academic and public associations, as well as individuals. In December 2008, over a three-week period, the general public was given the opportunity to comment on the draft guidelines issued by the Consumer Spokesman and the Children’s Ombudsman on increased consumer protection for children, dated 3 December 2008. An attempt has been made to reconcile different and even opposing views.
The Children’s Ombudsman and the Consumer Spokesman anticipate that the rules in fields other than those specified below will, where applicable, also be taken into account.
I) Scope and entry into effect
1. Only operations run for profit
2. Various forms of philanthropic and other non-profit operations (e.g. promotions held by public associations about their activities) fall outside the scope of these guidelines. The same applies to various amateur activities.
3. Entry into effect
4. These guidelines are applicable as of 15 March 2009.
II) General guidelines
1. Not intended for children
2. Goods or services that are not appropriate for children below a certain age shall not be marketed to children at that age – either directly or indirectly and irrespective of the medium and the form of the marketing.
3. Transparency
4. Simplicity and transparency shall guide the presentation of terms, pricelists and everything else when goods or services are offered specifically to children, or which are primarily of interest to children.
5. Distinction
6. Advertisements and other marketing shall be distinct from other media content. Children shall not be paid for marketing goods or services by unusual and hidden means, such as by blogs or interaction with friends.
7. Health
8. Marketing that is directed at children shall seek to promote a healthy body image and respect for peers and avoid unhealthy stereotypes.
9. Lotteries
10. Lotteries for profit and gambling games are inappropriate for children. Gaming machines, vending machines for lottery tickets and the like shall not be located in places children visit on their own, such as near schools and in youth-activity locations.
11. Collecting games and games of luck
12. The use of collecting games or games of luck specifically directed at children shall be avoided in general marketing, as shall other measures targeting the collecting tendencies of children. Such marketing shall not be employed in the case of soda drinks and foodstuffs containing sugar, and other foodstuffs that are not healthy in large volumes.
13. Targeted post
14. The marketing of a product or services for children not yet in secondary school (under the age of 16) – including marketing that takes place through an existing business relationship – shall always be through the guardian of the child. Unsolicited targeted post from companies shall not be directed at children not yet in secondary school, even in the presence of an existing business relationship between the company and the child.
15. Family-friendly grocery stores
16. Grocery stores shall endeavour to ensure that no sweets, snacks, sodas or the like are displayed near the cash register, and shall ensure that there is at least one cash register that is free of such goods in shops with more than one cash register. In addition, it is recommended that it is easy for people with children to walk around a grocery store and avoid foodstuffs of special interest to children and foodstuffs containing high volumes of sugar, salt, fats or trans fats, particularly if such goods are at children’s eye-level.
17. Sexually explicit material
18. Sexually explicit material shall not be prominent in stores frequented by children.
19. Violence and pornography
20. Direct and coarse pornography or sexual reference on products or in services are inappropriate for children.
21. On-line cards (i.e. the account balance is verified in every transaction)
22. Only on-line debit cards shall be offered to children and adolescents under the age of 18.
23. Discount cards
24. Children shall not be offered discount cards (including membership cards, collection cards and preference cards) that are directed at the child’s personal use before the age of 15, unless the child’s guardian specifically requests such a card.
III) The healthiness of foodstuffs
1. Unhealthy foodstuffs
2. Marketing foodstuffs with a high content of sugar, salt, fat and trans fat shall be avoided in the case of children.
3. Health label
4. In the event that an official health label is adopted, an effort shall be made to ensure that only foodstuffs that meet the criteria of such a health label are
5. - near cash registers;
6. - advertised in movie theatres and on DVDs for young children;
7. - marketed with the assistance of bonuses of particular interest to children;
8. - marketed with well-known cartoon figures or famous persons of particular interest to children;
9. - advertised or offered for sale in prominent locations at swimming pools or in sports facilities;
10. - in future, named in a way that indicates healthiness and that they are specifically intended for children.
IV) Marketing of and during television material, films and other digital material for children
1. Children’s material
2. There should be no advertising on television during children’s viewing times.
3. Sold children’s material
4. Advertisements in children’s material on DVDs that are for sale shall be kept to a reasonable level.
5. Foodstuffs advertisements
6. If foodstuffs are advertised 10 minutes before or 2 minutes after children’s television viewing times or other material of interest to children under the age of 12, such foodstuffs must be healthy. The trademarks and identification signs of sponsors of such goods shall not be shown or mentioned in connection with children’s material.
7. Product placement
8. Product placement is always prohibited in children’s material.
9. Not intended for children
10. Computer games, DVDs and the like may not be marketed at children of a certain age if the material in question is not intended for children at that age. It is completely forbidden to show, before a film, a presentation that may not be shown at that hour, unless it is clear the presentation meets the requirements for material that may be shown at that hour. Nor may presentations be held in connection with children’s films in cinema theatres, i.e. films, products or services not intended for children at the relevant age.
V) Schools and youth activities
1. Secondary schools
Advertisements, sponsoring or other marketing or promotion shall only be allowed with the written permission of the head teacher or his or her representative. A separate permit shall be issued each time or in advance for a specific period.
Contracts that student associations make for the benefit of their members shall be:
transparent and accessible to students and
presented to the head teacher in advance.
Board members or other representatives of student associations may not profit or enjoy any personal gain in excess of others from a company for business or marketing in which the student association is an intermediary.
Student associations may not provide companies with personal information such as student mobile phone numbers, addresses or e-mail addresses for use in marketing. Companies may not use student name lists for marketing purposes. If an association chooses to act as an intermediary in a marketing campaign by phoning its members, sending them e-mails or delivering sticker lists, all members shall be given prior opportunity to refuse, on their own behalf, inclusion in such a list.
2. Primary schools and nursery schools
No advertisements are allowed in primary schools or nursery schools. The same applies to other marketing methods. Information on sports, hobbies and youth activities operated by the local authorities, however, is permitted. Moreover, sponsorship of activities within the school is permitted with the authorisation of the head teacher, taking into account the policies of the local authorities and the parents association, if these are responsible for events within the school. School children in normal school activities, however, shall not ware any label in a prominent place with the name of a sponsor. The logo of a sponsor may not be shown specifically or advertised in the location of the school. Sponsorship of educational material is only permitted to the extent allowed by municipal regulations.
3. Religious activities
The same criteria apply to religious activities as to primary and nursery schools, although instead of the approval of the head teacher, the approval of the head of the religious association is required.
4. Swimming pools and other sports facilities
Marketing and sales in sports facilities that children may be expected to frequent must focus on healthiness.
5. Sports and youth activities
Board members or other representatives of sports and youth organisations may not profit or enjoy any personal gain in excess of others from a company for business or marketing in which the organisation is an intermediary. Sponsorship in the field of youth activities operated by local authorities, including parents associations, is subject to the general rules that local authorities establish for themselves. These shall take a position on whether it is appropriate that children wear a label showing the logo of a sponsor.
First issued in Reykjavík,
28 January 2009,
Gísli Tryggvason, Consumer Spokesman,
Margrét María Sigurdardóttir, Children’s Ombudsman.