The preparation of a children's advertising code is the first important initiative of the Broadcasting Commission, writes Conor Maguire
The Broadcasting Act 2001 recognised the importance of advertising directed towards children and introduced, for the first time, the concept of a separate children's advertising code. The Broadcasting Commission of Ireland is required to prioritise the development of such a code, which will result in a set of regulations to guide advertisers and broadcasters. The commencement of this process represents the first major initiative for the BCI in the area of programming and advertising standards.
Interest in the code is expected to go far beyond those in the advertising or broadcasting sectors. The pressure placed on parents to purchase designer brands, toy advertising and the link between advertising and alcohol consumption by young people, have been popular themes within the media in the last number of years. There have been strong arguments presented, in relation to each of these issues, from both sides of the debate.
When we try spontaneously to answer questions about the issue of children's advertising, we are inclined to take ourselves as the starting point. Our responses are influenced by who we are, whether we have children and our responses may change over time as our own circumstances change.
Answers tend to vary between categorical denial of there being any negative influence to those who propose an outright ban on all children's advertising. The arguments are certainly emotive. Perhaps one of the most difficult aspects of this debate, however, is the tendency to present the arguments in such stark terms and by doing so, to over-simplify them.
Advertising is influential. Advertisers themselves rely on that very argument to attract clients. Critics of advertising likewise argue that advertising has an influence, especially on young people. The issue for debate, then, is not whether advertising has an influence but whether that influence is negative or positive and what measures should be taken for its regulation.
Opponents of advertising point to "pester power" as a key rationale for the removal of children's advertising. That is that children place pressure on parents to purchase toys, clothes, food, based on advertising messages. There is also the argument that advertising leads to a particular consumption ideology or increasing materialism; that materialistic values, the view that the ownership of things will bring happiness and success in life, is communicated to children, at a time in their lives and in a way that preys on their credulity and inexperience.
Proponents of advertising point to the revenue generated by children's advertising and its subsequent use to finance children's programming, including educational programming.
They proffer the argument that children have a right to information regarding goods and services that are of interest to them. That consumer socialisation, is, they say, positive, insofar as it equips and familiarises children with the workings of the marketplace and the real world.
They also ask where the balance lies between the responsibilities of the parent/guardian and the advertiser. Who is ultimately responsible for monitoring what children watch and how they interpret advertisements?
These arguments are occurring within a new and changing media environment, involving access to an increasing number of television channels and exposure to more sophisticated advertising techniques made possible by the development of digital television. In essence it will mean that children have more choice.
The children's advertising code will apply only to indigenous broadcast media, such as RTÉ, TV3 and TG4 and Irish radio services. It will not apply to services such as UTV and Sky.
This in itself raises questions.
Will a children's advertising code have serious revenue implications for RTÉ and TV3? Will this in turn impact on the amount of children's programming produced? Will the code put Irish broadcasters at a distinct disadvantage relative to other stations which broadcast into this country? Some may ask if the code is not pointless, given that a child can switch to another station and watch children's advertising there.
Or it may be that the development of the children's code is seen as an opportunity to develop a code of practice for Irish indigenous channels that could ultimately contribute to the debate at European level.
In recognition of the complexity of this issue and the strength of feeling held by many, the commission is going to develop the children's advertising code in three phases, using a consultative approach. This will give the opportunity to the general public and other key constituent groups, including children, to input into the development of the code.
Before any of the preceding issues can be considered, the most pertinent place to start is the terms that define this debate: what is a child? what is children's advertising? The meaning of these key terms may appear intuitive, but their definition will set the parameters of the code. The commission has chosen to begin the development of the code by seeking agreement in phase one on the meaning of these terms.
The BCI yesterday launched details of the consultative process to develop a children's advertising code and the commission will welcome the involvement of all key groups in the process.
• Conor Maguire SC is chairperson of the Broadcasting Commission of Ireland