Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.

For the purpose of the CAP Code, children are defined as those under 16 years old (Section 5, Children, Definition). However, the way in which children perceive and react to marketing communications is influenced by their age, experience and the context in which the message is delivered. Marketing communications that are acceptable for young teenagers will not necessarily be acceptable for younger children, therefore marketers should never assume that ‘children’ are a homogenous group.

The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) came into force in May 2008 to help protect consumers, including children, from unfair trading practices. The CAP Code reflects the CPRs, for example in some of the general rules and those specifically dealing with children. The rules are designed to protect children from being misled, exploited or harmed, and broadly speaking cover:

Safety and mental, moral or physical harm (Rule 5.1):

  • Children must not be encouraged to take, or be shown taking, risks in hazardous situations or behaving dangerously, for example ignoring the Highway Code, entering strange places or talking to strangers (see ‘Children: Safety’ and ‘Safety: General’).
  • Marketing communications must not condone or encourage children to copy unsafe, or possibly socially undesirable, behaviours.
  • Marketers should be careful when using content that is potentially distressing or offensive to children in untargeted, or insufficiently targeted, media. For example, marketing communications depicting violence and threat, sexual imagery, or offensive language such as swearing (see ‘Children: Targeting', ‘Fear and Distress’ and ‘Offence: Language’).

Credulity, loyalty and unfair pressure (Rules 5.2 and 5.3):

  • Marketing communications addressed to, targeted directly at, or featuring children must not exploit their credulity, loyalty, vulnerability or lack of experience (see ‘Children: Credulity and direct exhortation’).
  • Marketers should not belittle children or undermine them merely because they do not have the advertised product.
  • Children should be able to easily judge and understand what is on offer (such as size and performance of products) and distinguish between real-life situations and fantasy. The language used to communicate the main characteristics of an offer or product should be suitable for the target audience (also see Children: Money).
  • A clear statement of adult permission is necessary before children are committed to buying complex or costly products.
  • Promoters must not exploit children’s susceptibilities to charitable appeals. Care should be taken when, for example, raising money for animal charities.

Direct exhortation to purchase (Rule 5.4) :

  • Marketers should not make a direct appeal to children to buy advertised products or persuade their parent or another adult to buy for them (See ‘Children: Credulity and direct exhortation’).
  • Marketing communications should not encourage children to make a nuisance of themselves and should not undermine parental authority.

Promotional marketing (Rule 5.6) :

  • Promotions that require a purchase to participate and include a direct exhortation to make a purchase must not be addressed to or targeted at children (see ‘Children: Promotional marketing’).
  • Promotions that offer prizes that might cause conflict must make clear that adult permission is required. They must also not exaggerate the value of prizes or the chances of winning them.

Rules relating to children in other sections of the CAP Code:

Harm and offence: sexual portrayal of children

Marketing communications should not portray or represent anyone who is, or seems to be, under 18 years old in a sexual way, unless the principal function of the ad is to promote the welfare of under-18s or to prevent harm, for example, in ads to promote safe sex (Rule 4.8). See ‘Children: Sexual Imagery’ and ‘Offence: Sexualisation and objectification’

Recognition of ads

Consumers, including children, should be able to immediately identify marketing communications (Rule 2.1).

Marketers are no doubt aware that many children are spending more and more time online and on social media. Younger children under 12 are more likely to struggle with recognising significantly integrated and highly immersive marketing in online environments. When such marketing communication is directed at under-12s, through the selection of media and/or the content, enhanced disclosure and ad labelling is generally required. See ‘Recognising ads: Children’, ‘Recognising Ads: Overview’ and ‘Recognising ads: Social media and influencer marketing’.

Age-restricted products: targeting and media placement

The CAP Code protects children (under 16) and also young people (16-17 years) with media placement and targeting restrictions for certain age-restricted products (see ‘Children: Targeting’).

Children under 18:

Ads for the following products must not be directed to people aged under 18 through media selection or context, or where children and young people make up a significant proportion of the audience (25% or more). Such ads must also not hold particular or strong appeal (depending on product) to those under 18, or feature real or fictitious characters also likely to hold appeal. Additionally, any person depicted in ads using or consuming the below products, or playing a significant role, must neither be nor seem to be under 25.  

The Code also restricts the following products or services from being directed to children under 18:

Children under 16:

Ads for the following products or services must not be directed at people under 16 through the selection of media or the context in which they appear. No medium should be used to advertise these products or services if more than 25% of its audience is under 16 years of age:

See also 'Advertising Guidance - Age-restricted ads online'.

 

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