Advertising Standards Bureau - Review of Operations 2013 | Page 49

amount to a message that encourages physical activity. The Board: “considered that the act of painting, particularly the painting of large spaces would be considered an active task, but agreed that the portrayal of cartoon characters painting was not of itself a message that was promoting or encouraging physical activity to the target audience of  children.’’ The Australian Food and Grocery Council Initiative The AFGC Initiative obliges signatories to limit marketing communications to children under 12 only when it will further the goal of promoting healthy dietary choices and healthy lifestyles. The Initiative applies to advertising to children under 12. Under this Initiative the Board must determine whether an advertisement complained about is advertised to children under 12 in media. Media is defined as: Media means television, radio, print, cinema and third-party internet sites where the audience is predominantly children and/or having regard to the theme, visuals, and language used are directed primarily to children.1 The AFGC Initiative therefore applies to advertisements if: 1. he audience of the communication activity is t predominantly children (under 12); 2. he media in which the communication t activity appears is clearly directed primarily to children (under 12); 3. he communication activities are, regardless t of the audience, clearly directed primarily to children under 12. The most referenced provision in the Initiative is the requirement that where a company is advertising to children then: 1. he product must represent healthy dietary t choices, consistent with established scientific 1 The RCMI was amended effective 1 January 2014 and the definition of media now includes internet. Review of Operations 2013 or Australian government standards; AND 2. he advertising or marketing communications t must reference or be in the context of a healthy lifestyle, designed to appeal to the intended audience through messaging that encourages (a) good dietary habits, consistent with established scientific or government criteria and (b) physical activity. For food and grocery products the Board considered complaints against nine advertisements. Four breaches of the Initiative were found in 2012. Placement of advertisements Prior to 2013 cases under the RCMI all involved issues of placement of advertisements for products that did not meet the healthier choice category. Several of the advertisements considered during 2013 raised that issue again. Both 0179/13 - Kellogg’s and 0180/13 - Kellogg’s were inadvertently broadcast in children’s programming. The advertised product in both cases (LCM Bars) do not meet the nutrition criteria permitting advertising directly to children. Advertisement directed primarily to children (visuals, theme and language) The Board reiterated in several cases that for advertisements that are not shown in children’s programming or in programs with a high child audience, to come within the AFGC RCMI the Board must find that the advertisement is aimed in the first instance at children. Although an advertisement may be attractive to children, the Board can determine that an advertisement is not directed primarily to children and therefore the RCMI does not apply ( 0190/13 - Smith’s Snackfoods, 0258/13 - Kellogg’s, 0289/13 ‑ Kellogg’s). The Board’s discussion is lengthy and is available from the ASB website but concludes: “The majority of the Board considered however that the advertisement is more than just attractive to children and is clearly directed primarily to children. The Board considered, for the reasons outlined above regarding the characters, music and themes that the advertisement is likely to be enjoyed by a general audience but considered that it is most attractive to and clearly directed primarily to children. The majority of the Board considered that the advertisement is particularly directed to older children and not pre-schoolers. In the view of the majority of the Board this particular advertisement is clearly directed primarily to children, noting that the RCMI applies to advertising to children under 12 years and that there are various different stages of child development.’ As the advertised product did not meet the criteria for a healthier choice product it was not permitted to be advertised to children under 12 and the Board upheld the complaint. Elements of an advertisement • Th e use of cartoon characters does not of itself mean that the advertisement is directed primarily to children under 12: 0190/13 Smith’s Snackfood Co Ltd, • H owever use of cartoon characters, in a setting which is from a child’s perspective and has a child’s voice over can amount to an overall impression that the advertisement is directed primarily to children (0179/13 and 0180/13 - both Kellogg’s) • Use of children or school yard settings does not mean of itself that the advertisement is directed primarily to children under 12 (0258/13 - Kellogg’s) In 0247/13 (Mondelez) the Board considered initially that the advertisement was not directed primarily to children and that the advertisement could continue to be broadcast. In this matter the complainant applied for Independent Review (see discussion later). Upon reconsideration by the Board, the majority determined that the advertisement was directed primarily to children. 47