Legal Aspects Of Children In Advertisements
Children are very present in commercials. It is very common to see them, both in advertisements aimed at children and in those designed for adults.
We are used to seeing minors in advertisements for clothes, toys, food products and even medicines. They have become a fundamental image for the most successful commercials. But what does the law say about this? How is child protection regulated in this regard?
The use of children in advertising is an activity that can be risky and needs to be regulated. Next, we will look at some elements about the legal aspects of children in advertisements.
Why are children present in advertising?
Children are the protagonists of many commercials. And the reason is not only that his beautiful smile is more captivating than that of an adult. Children have become very influential elements in family consumption. And this happens because currently parents are much more attentive to the needs and even the whims of their children.
Some times of the year are especially favorable for advertising campaigns aimed at children or adolescents, and also starring minors. The best seasons for this type of campaign are, mainly, the beginning of ‘school’, the end of the year and Christmas.
The periods with the greatest advertising impact
At the beginning of the course, parents must buy notebooks, pencils, pencil cases, backpacks and all kinds of school supplies. And most want to please their children by buying them the things they like best. It is the ideal time for brands to try to convince children through advertisements that other children choose this or that product.
At the end of the course, parents also tend to please their children by giving them gifts to reward their good grades and to celebrate the start of the holidays. And Christmas is undoubtedly the time of year most conducive to advertising and consumption. Children are precisely the ones who cause this consumption and, in addition, they become figures in advertisements.
But children are not only present in the advertising of products that they consume. They also appear in ads for adults, often with the aim of conveying the image of a happy and united family. This is the case, for example, of car advertisements. In any case, children are currently an indispensable figure for advertising.
Legal aspects of the use of children’s images in advertisements
In Spain, the presence of children in advertising is regulated by common legislation and, especially, by Organic Law 1/1996 on the legal protection of minors. This law establishes that:
In this article, the norm places special emphasis on the effectiveness of the right to honor, privacy and the image with which minors are protected. This protection is above the consent of the minor or their parents.
In practice, the Public Prosecutor’s Office can initiate the relevant legal actions in the event of an action contrary to the interests of the child in the context of advertisements and publicity.
Legal aspects of child labor in advertisements
In Spain, the work of minors under 16 is prohibited. The Law allows minors to participate or intervene exceptionally in public shows, provided that this does not impair their proper development. Advertising is not explicitly mentioned in this Law, but it is understood that it is included within the concept of ‘public shows’.
However, despite the fact that the work of minors in advertising has legal support, there is no clear regulation in this regard. In this sense, there is no general or sectoral norm of labor content that allows regulating the working conditions of minors in the world of advertising. There are also no corresponding controls.
