Advertising Standards Bureau Review of Operations 2014 - Page 89

4. AANA Code for Advertising and Marketing Communications to Children This Code has been adopted by the Australian Association of National Advertisers (AANA) as part of advertising and marketing self-regulation. The object of this Code is to ensure that advertisers and marketers develop and maintain a high sense of social responsibility in advertising and marketing to children in Australia. This Code comes into effect on 1 April 2014. It replaces the previous AANA Code for Advertising & Marketing Communications to Children and applies to all advertising and marketing communications directed to children on and from 1 April 2014. This Code is accompanied by a Practice Note which has been developed by AANA. The Practice Notes provide guidance to advertisers, complainants and the Advertising Standards Board (Board) in relation to this Code. 1. Definitions In this Code, unless the context otherwise requires: Advertising or Marketing Communication means any material which is published or broadcast using any Medium or any activity which is undertaken by, or on behalf of an advertiser or marketer, and • o ver which the advertiser or marketer has a reasonable degree of control1, and • t hat draws the attention of the public in a manner calculated to promote or oppose directly or indirectly the product, service, person, organisation or line of conduct, but does not include Excluded Advertising or Marketing Communications. Advertising or Marketing Communications to Children means Advertising or Marketing Communications which, having regard to the theme, visuals and language used, are directed primarily to Children and are for Product. The Board shall have regard to the Practice Note to this Code in determining whether Advertising or Marketing Communications are to children under this definition. The Board means the board appointed by the Advertising Standards Bureau from time to time, the members of which are representative of the community, to administer a public complaints system in relation to Advertising or Marketing Communications. Alcohol Products means products which have some association with alcohol including alcoholic beverages, food products that contain alcohol or other products that are associated in some way with alcohol including in the sense of being branded in that way. Children means persons 14 years old or younger and Child means a person 14 years old or younger. Excluded Advertising or Marketing Communications means labels or packaging for Products, public relations communications (corporate or consumer) and related activities and, in the case of broadcast media, any material which promotes a program or programs to be broadcast on that same channel or station. Medium means any medium whatsoever including without limitation cinema, internet, outdoor media, print, radio, television, telecommunications, or other direct-to-consumer media including new and emerging technologies. Premium means anything offered either free, at a reduced price, or with an additional cost and which is conditional upon the purchase of an advertised product. Prevailing Community Standards means the community standards determined by the Board as those prevailing at the relevant time in relation to Advertising or Marketing Communications to Children. Prevailing Community Standards apply to Section 2 below. The determination by the Board shall have regard to Practice Notes published by AANA and any research conducted by the Advertising Standards Bureau. Product means goods, services and/or facilities which are targeted toward and have principal appeal to Children. 1 Reasonable Control is defined in the AANA 2012 Code of Ethics Practice Note, as amended from time to time. Review of Operations 2014 87