August 2, 2016

Rule 5.9 of the BCAP Code prevents “direct exhortations” to children and is currently worded as follows: “Advertisements must neither directly exhort children to buy a product or service nor encourage them to ask their parents, guardians or other persons to buy or enquire about a product or service for them.”

Rule 5.9 seeks to reflect the requirements of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs), but in BCAP’s view currently goes further than the requirements of prohibited practice 28 of the CPRs, in automatically prohibiting even encouraging children to ask their parents to enquire about a product or service for them, as opposed to directly exhorting children to persuade their parents to buy a product or service for them, which the CPRs prohibit. By imposing a stricter standard than that imposed by the CPRs, which implements Unfair Commercial Practices Directive (2005/29/EC), a maximum harmonisation measure, Rule 5.9 is therefore unlawful.

BCAP rule 5.9 will therefore be amended to read: “Advertisements must not include a direct exhortation to children to buy or hire a product or service or to persuade their parents, guardians or other persons to buy or hire a product or service for them.”  To read BCAP’s regulatory statement, which sets out the full rationale for these changes, click here.