Citation
Forsyth, A. (2015), "The regulations of advertising to children in Hong Kong", Young Consumers, Vol. 16 No. 4. https://doi.org/10.1108/YC-09-2015-00555
Publisher
:Emerald Group Publishing Limited
The regulations of advertising to children in Hong Kong
Article Type: Legal briefing From: Young Consumers, Volume 16, Issue 4
Common law systems from the UK to Australia including Hong Kong have developed very similar practices and restrictions upon Advertising to Children.
There is in fact no Hong Kong legislation covering this topic, but the necessary discipline are found in three Regulatory Codes of Practice, which are as follows:
1. The Generic Code of Practice on Television Advertising Standards (“the Television Code”) published by the Communications Authority of Hong Kong and to which all television carriers licensed under the Communications Ordinance must adhere.
2. The Radio Code of Practice on Advertising Standards (“the Radio Code”) published by the Communications Authority of Hong Kong and to which all radio broadcast carriers licensed under the Communications Ordinance must adhere.
3. The Code of Practice published by the Association of Accredited Advertising Agencies (“the Four As”) of Hong Kong (“the Four As Code of Practice”). All major advertising agencies in Hong Kong are members and have formally acknowledged acceptance of the Four As Code.
1. The Television Code has an extensive definition of “advertisement” to which the following provisions
1.1 Betting
No advertisements for any form of betting should be shown within or in proximity to children’s television programmes.
No children or adolescents should be allowed to participate in the presentation of advertisements for any kind of betting.
No advertisement in any way related to any kind of betting should feature any personality who has particular appeal to children or adolescents.
No advertisement may be broadcast for any kind of night clubs, massage parlours and other kindred establishments in which hosts or hostesses for the primary purpose of attracting any category of customer nor for targeting young persons under the age of 18 for escort services in general and dating services.
1.2 Alcoholic beverages
No advertisements for liquor or alcoholic liquor may be shown in proximity to children’s programme or programmes which, in the opinion of the Communications Authority, target young persons under the age of 18.
Alcoholic products should not be advertised as similar to or equated with non-alcoholic products including any which have particular appeal to children or young persons who are under the age of 18.
Selection of artistes in alcoholic beverage advertisements should avoid featuring any artiste, personality or celebrity who appears regularly in any children television programme or who has a particular appeal to children or young persons under the age of 18.
1.3 Tobacco and tobacco-related products
Any advertisements for tobacco-related products should only target adult audience, and no children or adolescents should be allowed to participate in them.
Such advertisements should not be shown in proximity to children’s programmes or in programmes which in the opinion of the Communications Authority target young persons under the age of 18.
1.4 Unacceptable products or services
Prohibition on advertisements within the recognized character of, or specifically concerned with, the following are not acceptable:
Smoking cessation provided that such advertisements are not shown within or in proximity to children’s programmes.
The television licence holder must ensure that advertisements for nicotine replacement therapy products should not be shown between 4 and 8.30 p.m. each day or at times when television programmes, in the opinion of the Communications Authority, target young persons under the age of 18.
1.5 Advertising and children
1.5.1 General.
Particular care should be taken over advertising:
which is broadcast within or inclose proximity to programmes targeting children;
which is broadcast in a channel targeting children; or
in which children are to be employed.
1.5.2 The viewing child.
No product or service may be advertised and no method of advertising may be used, in association with a programme intended for children, or in the case of domestic free television programme services, which large numbers of children are likely to watch, which might result in harm to them physically, mentally or morally and no method of advertising may be used which takes advantage of the natural credulity and sense of loyalty of children.
In particular:
No advertisement may encourage children to take part in any scheme that contains an element of danger to them, e.g. to enter strange places or to converse with strangers in an effort to collect coupons, wrappers, labels, etc. Responsibility of the Licensee under this subparagraph shall be discharged if he had exercised reasonable effort to ensure that the scheme advertised contain no element of danger to children.
No content of any appeal to children which suggests in any way that unless the children themselves buy or encourage other people to buy the product or service, they will be failing in some duty or lacking in loyalty towards some person or organization whether that person or organization is the one making the appeal or not.
No advertisement is allowed which leads children to believe that if they do not own the product advertised, they will be inferior in some way to other children or that they are liable to be held in contempt or ridicule for not owning it.
No advertisement dealing with the activities of a club is allowed without the submission of satisfactory evidence that the club is carefully supervised in the matter of the behaviour of the children and the company they keep and that there is no suggestion of the club being a secret society.
Care should be taken that children are not encouraged to make themselves a nuisance to other people in the interests of any particular product or service. In an advertisement offering a free gift, a premium or a competition for children, the main emphasis of the advertisement must be on the product with which the offer is associated.
If there is to be a reference to a competition for children in an advertisement, the values of prizes and the chances of winning one must not be exaggerated.
The true size of the product advertised and any free gift for children should be made easy to judge. Where necessary, they can be shown in relation to some common objects against which their actual scales can be easily judged.
1.5.2.1 Restrictions on transmission time.
Advertisements for products or services, films and any material which are considered not suitable for children may not be shown within or in close proximity to programmes targeting children and in the case of domestic free television programme services, at times when a large number of children are expected to be watching.
Advertisements which are frightening, or provoke anxiety, or which contain depictions of violent, dangerous or anti-social behaviour are not allowed to be shown within or in close proximity to programmes targeting children and in the case of domestic free television programme services, at times when a large number of children are expected to be watching.
1.5.3 The child in advertisements.
The appearance of children in advertisements is subject to the following conditions:
1. Contributions to safety: Any situations in which children are to be seen in television advertisements should be carefully considered from the point of view of safety. In particular:
Children should not appear to be unattended in street scenes unless they are obviously old enough to be responsible for their own safety; should not be seen playing in the road unless it is clearly shown to be a play street or other safe area; should not be shown stepping carelessly off the pavement or crossing the road without due care; in busy street scenes they should be seen to use zebra crossings in crossing the road and should be otherwise seen in general as pedestrians, cyclists or passengers, to behave in accordance with the Road Users Code as published by Transport Department from time to time.
Children should not be seen leaning dangerously out of windows or over bridges, climbing cliffs or playing in or near water unaccompanied by adults or playing irresponsibly on escalators.
Small children should not be shown climbing up to high shelves or reaching up to take things from a table above their heads.
Medicines, disinfectants, antiseptics and caustic substances must not be shown within reach of children without close parental supervision nor should children be shown using these products in any way.
Children must not be shown using fire, matches or any gas, paraffin, petrol, mechanical or mains-powered appliance which could lead to their suffering burns, electrical shock or other injury.
Advertising and products advertised must be consistent with generally recognized safety standards. Demonstrations may not depict harmful or dangerous use of product. When children are shown engaging in activities potentially dangerous to them, such activities should be seen being carried out under parental supervision.
Except that in advertisements designed specifically and only to promote safety, it may be acceptable to show children, for that purpose, in dangerous situations.
2. Good manners and behaviour: Children seen in advertisements should be presented in such a manner as to set a good example of behaviour and manners.
3. Alcoholic liquor and tobacco-related products: Children and adolescents should not be permitted to participate in the presentation of advertisements for alcoholic liquor or tobacco-related products.
2. The radio code
2.1 Betting
No advertisements for any form of betting should be aired within or in proximity to children’s radio programmes.
No children or adolescents should be allowed to participate in the presentation of advertisements for (inter alia) any kind of betting.
No advertisement in any way related to any kind of betting should feature any personality who has particular appeal to children or adolescents.
No advertisement may be broadcast for any kind of night clubs, massage parlour and other kindred establishments not for targeting young persons under the age of 18 for escort services in general and dating services.
2.2 Alcoholic beverages
No advertisements for liquor or alcoholic liquor may be aired in proximity to children’s programmes or programmes which, in the opinion of the Communications Authority, target young persons under the age of 18.
Alcoholic products should not be advertised as similar to or equated with non-alcoholic products including any which have particular appeal to children or young persons who are under the age of 18.
Selection of artistes in alcoholic beverage advertisements should avoid featuring any artiste, personality or celebrity who appears regularly in any children television programme or who has a particular appeal to children or young persons under the age of 18.
2.3 Tobacco and tobacco-related products
Any advertisements for tobacco-related products should only target an adult audience, and no children or adolescents should be allowed to participate in them.
Such advertisements should not be broadcast in proximity to children’s programmes or in programmes which, in the opinion of the Communications Authority, target young persons under the age of 18.
2.4 Claims relating to nutrition or dietary effects
No advertisements for products, services and establishments which offer or provide treatment aimed for the achievement of weight loss may be addressed to persons under the age of 18 and contain elements which are likely to be of particular appeal to them such as featuring children or any persons posing as adolescents in the advertisements.
2.5 Advertising and children
Particular care should be taken over any method of advertising that is likely to be heard by large numbers of children and advertisements in which children (or child-like voices) are to be used.
2.6 The child audience
The same provisions as are stated above in 1.5.2 under the Television Code are equally applicable here in the context of the Radio Code and Radio broadcasting carrier’s obligations but obviously related to listening only and not to viewing.
2.6.1 Restrictions on transmission time.
Advertisements for products or services, films and any material which are considered not suitable for children may not be broadcast within or in close proximity to programmes targeting children or at times when a large number of children are expected to be watching.
Advertisements which are frightening, or provoke anxiety, or which contain depictions of violent, dangerous or anti-social behaviour are not allowed to be shown within or in close proximity to programmes targeting children or at times when a large number of children are expected to be watching.
2.7 The child in advertisements
The participation of children in advertisements is subject to the following conditions:
children in advertisements should be reasonably well-mannered and well-behaved; and
children will not be permitted to participate in the presentation of advertisements for alcoholic liquor or tobacco-related products.
3. The Four As code of practice
The Four As Code of Practice provides the following:
1. No children or juvenile shall participate in presentation of advertisements relating to tobacco and in particular, parents featured as smoking in the presence of children
2. Alcohol advertising: No children or juvenile shall participate in presentation of advertisements relating to alcohol unless they form part of the natural background.
3. Advertisements to children:
Advertisements directed to the primary attention of children shall contain nothing, in illustration or otherwise, which might result in harm, physically, mentally or morally, or which exploits their natural credulity. In particular, such advertisement shall avoid the portrayal of any of the following:
the commission of any crime, acts of violence or cruelty or sexual acts;
circumstances of agony or anguish; and
children acting dangerously or showing a disregard for safety, e.g. playing on the road, leaning out or climbing heights unattended, lighting fires or explosives, dealing with power supplies or complicated machinery or handling unsafe material and chemicals.
Advertisements should not encourage children to make themselves a nuisance to persuade others to buy the advertised products nor should it suggest to children that if they did not buy the advertised product or encourage others to do so, they will be failing in their duty or lacking in their loyalty or liable to be held in contempt.
Approximate prices of the goods portrayed in advertisements directed to children should be indicated.
The sizes of the goods intended for children should be realistically portrayed in the advertisement.
Members shall comply with the comprehensive standards in the Television Code on advertising to children for advertising in all media.
This article is published in conjunction with the Global Advertising Lawyers Alliance (http://www.gala-marketlaw.com). GALA is an alliance of lawyers located throughout the world specializing in advertising law.
Angus Forsyth
Angus Forsyth is Senior Consultant at Stevenson, Wong and CO., Hong Kong.