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.
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