Report from the UK

1. Advertising to children as such

1.1 Legal/regulatory framework

(a) General principles

In 1989 the European Community passed the "Television Without Frontiers" Directive (the "Directive"). Its purpose was to co-ordinate certain broadcasting laws, regulations and administrative provisions in Member States of the European Community (now the European Union), and to lay down a legislative framework for the establishment of an internal market for television broadcasting, including television advertising.

The relevant provisions of the Directive were implemented in the United Kingdom by the Broadcasting Act 1990 (the "Act") (as amended by the Broadcasting Act 1996). The Act provides the statutory basis for the Independent Television Commission (the "ITC"), the body responsible for the regulation of commercial television in the United Kingdom, and empowers the ITC to create codes of practice governing, among other things, advertising and sponsorship on television.

Chapter IV of the Directive contains provisions for television advertising and sponsorship, and contains many of the general principles which underpin regulation of advertising to children in the United Kingdom.

Article 10 states that "Television advertising shall be readily recognisable as such and kept quite separate from other parts of the programme service by optical and/or acoustic means" and also prohibits subliminal and surreptitious advertising.

Article 15 is notable because it demonstrates how other restrictions on advertising concern children, such as sectorial restrictions on alcohol advertising, and are frequent cause of complaint. It states that "Television advertising for alcoholic beverages....may not be aimed specifically at minors or, in particular, depict minors consuming these beverages."

Article 16 deals specifically with advertising to children, and contains the key principles which guide regulation of broadcast advertising in this sphere. It provides that:

"Television advertising shall not cause moral or physical detriment to minors, and shall therefore comply with the following criteria for their protection:

it shall not directly exhort minors to buy a product or a service by exploiting their inexperience or credulity;

it shall not directly encourage minors to persuade their parents or others to purchase the goods or services being advertised;

it shall not exploit the special trust minors place in parents, teachers or other persons;

it shall not unreasonably show minors in dangerous situations."

Rather than rely on statutory provision, the approach in the United Kingdom has been to task the regulators with the responsibility for writing and enforcing codes of conduct. The regulators for broadcast media, the ITC and the Radio Authority are statutory bodies, whereas the principal regulator for non-broadcast media, the Advertising Standards Authority, is not.

Consequently, there are three principal applicable sets codes of conduct which are intended to satisfy the requirements of the Directive, as well as national expectations.

These can be defined by the media to which they apply:

Press and Posters (and Sales Promotion): The British Codes of Advertising and Sales Promotion ("BCAP"), administered by the Advertising Standards Authority;

Television: The ITC Code of Advertising Standards and Practice ("ITC Code"), supplemented by the Broadcast Advertising Clearance Centre Notes of Guidance.

Radio: The Radio Authority ("RA") Advertising and Sponsorship Code ("RA Code"), supplemented by the Radio Advertising Clearance Centre Radio Copy Guidelines.

Despite some linguistic differences, the Codes generally define children as those aged under 16, but some rules, such as those relating to tobacco and alcohol take a more cautious approach, and define children as those aged under 18. Each code specifically addresses the issue of children and advertising and they share in common a number of principles that expand on the basic proposition that advertising should be "legal, decent, honest and truthful".

These principles are as follows:

Advertising should not exploit the credulity, immaturity or inexperience of children;

Children should not be misled about the qualities of a product, and should not be made to feel disloyal or inferior if they do not purchase the product;

Advertisements should not exhort children to purchase or ask parents or others to purchase for them, nor should they encourage children to be a nuisance to their parents;

Poor dietary habits should not be encouraged. There should be no suggestion that confectionery or snacks can replace a balanced meal;

No advertisement should contain anything likely to result in physical, mental or moral harm. Children should not be shown in hazardous situations or places or conversing with strangers; and

Advertisements for competitions or involving competitions should not exaggerate the value of the prizes or the chances of winning.

Further restrictions are aimed at preventing creative treatments in advertisements which exploit children. The ITC prohibits commercials that present children in a sexually provocative way. The RA Code and ITC code also prohibit advertisements where children promote a product they would not be likely to buy.

(b) Specific products

(i) Tobacco

Television: There is a complete ban on advertising of tobacco products on television, as set out in the ITC Code.

In relation to non-broadcast media the ASA has a code specifically for cigarette advertising. Uniquely for non-broadcast advertising, tobacco advertising must be cleared in advance of publication. It should also be noted that these rules are directed at the under 18's, rather than the under 16's.

The principal rules of the ASA Code are as follows:

No advertisement should incite people to start smoking;

No heroic figure, personality cult, pastime or fashion trend should be featured in advertisements in a way that would appeal to those who are adventurous or rebellious, particularly the young.

No advertisement should play on the susceptibilities of those who are physically or emotionally vulnerable, particularly the young or immature. Advertisements should therefore avoid employing any approach which is more likely to attract the attention or sympathy of those under the age of 18.

Anyone shown smoking should always be, and clearly be seen to be, over 25.

(ii) Alcohol

Like the rules for tobacco advertising, the rules for both television and non-broadcast advertising are addressed to the under 18's, rather than the under 16's. The ASA and ITC have a number of common features.

Alcohol advertisements must not be directed at the under 18's or use creative treatments which are likely to appeal to them.

In general, people shown drinking in advertisements must not look less than 25 years of age.

These advertisements should not use celebrities, fictional characters or personalities who will be of particular appeal to the under 18's.

(iii) Toys

There is no prohibition on the advertising of toys themselves, but a number of the general rules designed to protect children are relevant. Two principles stand out. Firstly, children should not be mislead about what they can expect from a toy, and secondly, they should not be made to feel inadequate if they do not have a toy.

The ASA Code states, for example, that "Advertisements and promotions addressed to or featuring children should not exploit their credulity, loyalty, vulnerability or lack of experience"; and continues "they should not be made to feel inferior or unpopular for not buying the advertised product." It also sates that "it should be made easy for them to judge the size, characteristics and performance of any product advertised and to distinguish between real-life situations and fantasy" and that advertisers "should not exaggerate what is attainable by an ordinary child using the product being advertised".

These are very similar to the rules of the ITC Code. This starts with the general proposition that "Advertisements for toys, games and other products of interest to children must not mislead, taking into account the child's immaturity of judgement and experience." The Code then goes on to make three specific demands which will be particularly relevant when advertising toys: "(a) The true size of the product must be made easy to judge, preferably by showing it in relation to some common object by which it can be judged. In any demonstration it must be made clear whether the toy can move independently or only through manual operation. (b) Treatments which reflect the toy or game seen in action through the child's eyes or in which real life counterparts of the toy are seen working must be used with due restraint. There must be no confusion as to the noise produced by the toy Ð e.g. a toy racing car and its real life counterpart. (c) Where advertisements show results from a drawing, construction, craft or modelling toy or kit, the results shown must be reasonably attainable by the average child and ease of assembly must not be exaggerated."

The BACC, the body which must approve all television advertising prior to transmission on behalf of the ITC and its licensees, also has rules requiring the price of more expensive toys and games to be clearly displayed in television advertisements.

(iv) Medicines

Both the ITC and ASA Codes state advertisements for medicinal products cannot be directed to the under 16's.

(v) Food

The ASA rules concerning children and food advertising state that such advertising should not actively encourage children:

to eat or drink at or near bedtime;

to eat frequently throughout the day; or

to replace main meals with confectionery or snack foods

The ITC rules make similar points, but appear to be particularly concerned with dental health. There is a general requirement in relation to food advertising that "Advertisements, particularly those addressed to children, must pay regard to considerations of oral health". This is then expanded by requirements that advertisements "must not encourage frequent consumption throughout the day (particularly of potentially cariogenic products such as those containing sugar) or depict situations where it could reasonably be assumed that teeth are unlikely to be cleaned overnight after consumption, e.g. eating in bed after retiring for the night or children's 'midnight feasts'".

(vi) Dangerous products

Most the rules concerning children and dangerous products are concerned with the depiction of children in advertising, rather than with the advertising for products per se.

The rules on advertising of products which are inherently dangerous, such as the ITC's blanket ban on television advertising for guns and gun clubs, are not specifically addressed to children.

(vii) Health/beauty products

Although there are specific rules about health and beauty products, these do not deal with children, but see comments below concerning slimming products.

(viii) Other - Slimming products

In non-broadcast advertisements, the ASA prohibits advertisements for any slimming regime or establishment which are directed at the under 18's, or contain anything that will appeal particularly to them.

The ITC has similar rules in relation to television advertisements. In addition, it has scheduling requirements which prohibit the transmission of such advertisements in the breaks in or immediately adjacent to children's programmes or those commissioned for, principally directed at or likely to be of particular appeal to audiences below the age of 18.

(c) Leading precedents

Both the ITC and the ASA publish their complaint reports on their respective websites at www.itc.org.uk and www.asa.org.uk. These provide comprehensive reports of complaints about all issues of regulation, and why the regulator came to its conclusion.

Among the more interesting precedents, are those relating to advertising for 'Alcopops', which tend to be carbonated fruit drinks containing as much as 5% alcohol. These demonstrate the inconsistent approaches between the advertisers. The ASA has banned several advertisements for Hooper's Hooch, one of the leading brands of alcopops. Complaints about one advertisement were upheld because it featured a character who the ASA considered was likely to be of particular appeal to the under 18's, and yet the same character was allowed to appear in television advertising for the same campaign.

(d) Ways of advertising

(i) Direct marketing

There is no blanket prohibition on direct marketing to children, although the provisions of the Data Protection Act 1998 must be respected. The ITC also bans television advertisements which invite children to purchase products or services by mail, telephone or e-mail.

(ii) TV-Radio

In addition to the principles set out above concerning advertising to children, the Radio Authority and the ITC have rules suited to their individual remit of responsibility and which derive from their ability to place restrictions on the times of transmission of programmes and advertisements.

The Radio Authority has a broad guideline that licensees must be responsible in scheduling commercials that may be inappropriate for children. The ITC is more specific. It restricts advertisements for certain products such as alcoholic drinks, liqueur chocolates, matches, medicines, vitamins and other dietary supplements from being transmitted during children's programmes or in the commercial breaks immediately before or after them. Merchandise relating to characters on children's programmes is not shown 2 hours either side of the relevant programme.

Another example of scheduling restrictions is the use of the watershed. Advertisements in which personalities or other characters who appear regularly in children's programmes present or positively endorse products or services of particular interest to children are not allowed to be transmitted before 9pm. Problems can also occur where advertisements not targeted at children, such as alcohol advertisements, feature fictitious characters or presenters who may be of particular appeal to the under 18's.

(iii) Internet

Advertising on the internet to children is governed by the British Codes of Advertising and Sales Promotion, administered by the ASA. The Data Protection Act 1998 is also likely to be relevant.

(iv) Lotteries/games

There is no general prohibition on lotteries or games directed at children. Advertisers often impose a contractual requirement that entrants must be aged at least 18 years. This may be of particular importance in relation to certain products, such as alcohol or cars.

The ITC has a general requirement that if there is to be a reference to a competition for children in an advertisement, the published rules must be submitted in advance to the broadcaster holding the relevant licence from the ITC. In addition, the value of the prizes and the chances of winning one must not be exaggerated.

The ASA has detailed rules concerning lotteries, competitions and promotions which state that advertisements for such events which are addressed to children which that such advertisements:

should not actively encourage them to make a nuisance of themselves to parents or others;

should not make a direct appeal to purchase unless the product is one that would be likely to interest children and that they could reasonably afford;

should not exaggerate what is attainable by an ordinary child using the product being advertised or promoted;

should not encourage excessive purchases in order to participate;

should make clear that adult permission is required if prizes and incentives might cause conflict, such as animals or bicycles;

should clearly explain the number and type of any additional proofs of purchase needed to participate, tickets for outings, concerts and holidays;

should contain a prominent closing date should not exaggerate the value of prizes or the chances of winning them.

(v) Sponsorship

There is no ban on sponsorship of particular events. In relation to broadcast sponsorship, the ITC does not prohibit it, but reminds its licence holders to consider the appropriateness of any sponsorship of children's programmes. It states that younger children may not understand the sponsorship relationship and that some parents may have reservations about the use of children's enthusiasm for a particular programme or character to promote a commercial product or service.

(vi) Premises

Generally speaking there is no advertising on school premises, as these are private property. Advertisers sometimes take voluntary steps to avoid placing particular advertisements near schools if they are inappropriate for children.

(vii) Magazines

There are no prohibitions on advertising to children in magazines.

(viii) Other - Charities & charity linked promotions

The ITC does not allow advertising for charities or charity linked advertisements to be addressed to children. The ASA requires advertisers not to exploit children's susceptibility to charitable appeals and to explain the extent to which their participation will help in any charity-linked promotions.

(e) Leading precedents regarding above

Please refer to the websites set out above for more information.

In 1998 there were complaints from 115 viewers of a commercial for a cheese sauce snack product which parodied the films "One Million Years BC" and "King Kong". An animated giant dinosaur dunked a cave-woman in the cheese sauce in the pack before putting her head in his mouth. The voice-over advocated dunking the bread sticks provided instead.

Complainants objecting to the scheduling of the advertisement at times when young children might see it. The ITC decided there were two causes for the unusually high number of complains. Firstly, the 'cave-woman' was real, not animated, and children are more likely to be upset by things happening to real people rather than cartoon characters. Secondly, the screams and melodramatic music added to the terror. The advertiser took voluntary steps to change the scheduling, but the initial complaints were upheld - although this did not involve the advertiser in any fines or other sanctions.

In April 1999, the ASA published an adjudication about an advertisement in Match magazine, for the Sony PlayStation game 'Actua Soccer 3'. This featured two clenched fists, one bloodied and bruised, with the headline "NOT actua quick enough" and the strapline "are you actua quick enough?". It was alleged that the advertisement was offensive and likely to encourage violent or anti-social behaviour, especially because the image could be seen by children. The advertiser and publisher tried to justify the execution on the basis that it was a reference to the traditional playground game of 'knuckles'; that it was not targeted at children; and that the average age of a PlayStation owner was 21. The ASA accepted the rationale for using speed to advertise computer games requiring quick reactions but considered that a bruised and bloodied fist did not reflect typical playground activity and noted that Match was targeted at 7-15 year olds. It concluded that "the image condoned and was likely to provoke violence or anti-social behaviour but was unlikely to cause serious or widespread offence". The complaint was therefore upheld and the advertiser asked not to repeat the approach.

2. Advertising of Specific Products destined for Children by use of characters.

2.1 Cartoons and similar characters

Advertising of toys, magazines, clothes and similar merchandise to children by use of cartoons and similar programme/product tie-ins.

(a) Are there any legal restrictions at all to use famous cartoons or other fantasy characters, such as Disney characters, Pokemon and Star Wars characters in advertisements to children? If yes, develop legislation and/or precedents. If no, is there any legislation/self regulation in progress?

Such legal restrictions as exist are contained in the Independent Television Commission Code of Advertising Standards and Practice (the ITC Code).

The UK Broadcasting Act 1990 makes it the statutory duty of the ITC to draw up and enforce a code governing standards and practice in television advertising and the sponsorship of programmes. The Code is drawn up with regard to the EU Directive on Television Broadcasting (89/552/EEC of 1989 as amended by Directive 97/36/EC of 1997) and the 1989 Council of Europe Convention on Transfrontier Television.

Under the ITC Code fictional characters who regularly appear in any children's television programme broadcast on any UK television channel may not be shown before 9pm in any advertisement presenting or positively endorsing products or services of particular interest to children.

Importantly, the characters covered by this provision are those which have come to be known through a television programme as opposed to through advertising. This means that while Tom & Jerry or Bugs Bunny cannot be used in advertisements prior to 9pm., fictional characters like Quaker Sugar Puffs' Honey Monster, or the Stay Puff Marshmallow Man that have become well known as a result of their appearance in advertising campaigns, are not so restricted. Public service advertisements are exempt from this provision and there are no restrictions on using any characters or personalities that might appeal to children for this type of advertisement.

Referring to the examples in the question ie Disney, Pokemon and Star Wars characters, the first question to ask is whether these are characters that regularly appear in children's television programmes broadcast on any UK television channel.

What constitutes regular appearance for these purposes? What is a UK television channel? The ITC Code states that these provisions do not apply "to programmes which are not currently on air and have not been carried on any channel for a period of at least two years". The definition of a "UK television channel" is not so clearly set out. However, the ITC Code "applies to all television programme services licensed by the ITC under the Broadcasting Act 1990 and the subsequent Broadcasting Act 1996. At present these are Channel 3 (ITV and GMTV), Channel 4, Channel 5, satellite television services provided by broadcasters established in the UK, licensable programme services ( which include those cable channels established in the UK which are not also in any of the licence categories just referred to), digital programme services and services provided under Restricted Service Licences" and the Welsh fourth channel."

So, in order to say whether or not the characters in our example can or cannot be used in broadcast advertising before 9pm we would have to analyse the broadcasting history of all the channels in this category. As the number of television channels falling within the definition of "UK television channel" continues to grow, checking this could be a monumental task. We would guess, however, that most Disney and all Pokemon characters are likely to be caught and could not therefore be used in pre 9pm advertising.

Separately, if an advertisement is for merchandise based on children's programmes, it must not be broadcast in any of the two hours preceding or succeeding transmission of the relevant programme or of episodes or editions of the relevant programme.

So far as non broadcast advertising is concerned, there are no specific legal restrictions in this area, nor do the principal self regulatory codes governing non broadcast advertising in the UK, the British Codes of Advertising and Sales Promotion, make specific reference to use of fictional characters.

(b) Are there any restrictions on programme/product tie/ins on broadcast of children's programmes which feature characters already commercially available as toys? If yes, develop legislation and/or precedents. If no, is there any legislation/self regulation in progress?

There is no outright ban on such tie-ins, though up until recently it was the ITC approach that the programme must precede the product. In other words, if products are already commercially available as toys in UK shops, no subsequently launched children's programming featuring them prominently will be allowed.

In recent years, however, this line has been dropped. The ITC Code of Programme Sponsorship now states that if a programme features characters which are the subject of commercially merchandised or licensed products, the programme must not be funded in any way whatsoever by the product manufacturer or licensee (or their agent). This is because if such an arrangement were behind the making of the programme, this would be considered to be sponsorship and the programme would be regarded as having an unacceptable promotional purpose.

A connected rule, also in the Programme Sponsorship Code, is that close similarity between a programme's content and an advertiser's advertising might constitute grounds for regarding the programme as having an unacceptable promotional purpose. This is likely to be the case, the Code goes on, if a character created for advertising or marketing purposes is developed for use in a programme. Moreover, this will apply regardless of whether the adertiser is involved in making the programme or not.

Famous persons

Advertising of services or products to children by use of famous persons.

(c) Are there any legal restrictions at all on the use of famous persons such as athletes, pop stars, people known from TV, actors in advertisements to children? If yes, develop legislation and/or precedents. If no, is there any legislation/self regulation in progress?

There are no legal restrictions as such in this area, but again the ITC Code comes into play by stipulating that advertisements in which personalities who appear regularly in any children's television programme on any UK television channel, present or positively endorse products or services of particular interest to children must not be transmitted before 9pm.

A more general ITC Code restriction prevents the use, either visually or orally, in any advertising on UK commercial TV of any person who regularly presents news or current affairs programmes on any UK television service. This would clearly extend to ads directed at children.

A related general rule, again in the ITC Code, is that TV advertisements which include a person who also appears, other than in a minor or incidental capacity, in a programme, may not be scheduled in commercial breaks in or adjacent to that programme. Again this would apply to children's programmes as much as to other categories of programme.

There are no specific rules in this area in the non broadcast advertising, self regulatory British Codes of Advertising and Sales Promotion.

In a radio advertising context, station presenters/newsreaders are permitted by the Radio Authority Advertising and Sponsorship Code to voice commercials, including commercials directed at children, (the Radio Authority and the Radio Authority Code being the commercial radio equivalent of the ITC and the ITC Code) provided they do not

(i) endorse, recommend, identify themselves with or personally testify about an advertiser's products or services

(ii) make reference to any specific advertisement when in their presenter role.

We are not aware of any impending relevant legislation or self regulation which might change this position other than proposals recently published (May 2000) by the ITC for a more relaxed regime in certain areas including two relevant to this paper.

Firstly, it is proposed to relax the rule forbidding advertisements for merchandise based on children's programmes during two hours before or after the programmes in question.

The ITC comments that the rule was introduced partly to address concerns about advertising likely to encourage children to "pester." It questions, however, whether , provided the advertising does not "overtly encourage" pestering and is in all other respects compliant, any greater level of protection is required. It also remarks on the fact that in any event children are increasingly exposed to programme-related merchandising as a result of homes with multi channel TV and internet access.

In the circumstances the recommendation is that instead of the two hour restriction, the standard scheduling restriction be adopted. This would, in this case, keep advertising for products which are versions of programme characters and the like away from the breaks within or immediately before or after that programme. This is on the basis that the ITC would remain vigilant to prevent the direct juxtaposition of an advertisement for a product with a glamorous presentation of that product in a programme.

Secondly it is proposed to relax the ban on visual or oral featuring in TV advertising of regular news or current affairs programme presenters. It is still proposed that there should some restrictions but a graduated approach taking onto account the level of exposure presenters have in news programmes and regional considerations is suggested.

2.2 Children

(a) Advertising of products or services by the use of children

The British Code of Advertising and Sales Promotion contains a raft of general rules relating to the use of children in advertising featuring or addressed to children.

The two questions below distinguish between advertisements directed at adults and those directed at children. However these general rules apply to both, so we will summarise them here.

Nothing in an advertisement featuring a child should contain anything that is likely to result in their physical, mental or moral harm. They should not be shown in a sexually provocative manner and if they are to be partly or completely undressed then this should not be exploitative. Children's manners and behaviour must be reasonably good and they must not be encouraged to make a nuisance of themselves, to parents or to others. Children should not be shown in dangerous situations, such as entering strange places, talking to unknown people, alone in the street (unless they are "old enough", but we are not told how old is "old enough"), near fires (if the fire is in the home there must be a fireguard), or handling matches or other dangerous substances (e.g. petrol, medicines), near machinery or electrical appliances, or leaning out of windows and so on. The lists go on but the general principle is clear that children must not be shown in dangerous situations or be encouraged (whether by other children or adults) to copy actions that could be dangerous for them and the age of the children involved can be taken into account when determining whether or not a situation is dangerous. In the same vein, the ITC Code contains broadly similar restrictions to the depiction of children in advertising, regardless of the target market. Particular aspects of the ITC Code are referred to below.

2.3 To adults

(a) Are there any legal restrictions at all to use children in advertisements to adults, e.g. regarding decency, nudity or specific products such as nappies, children's wear etc? If yes, develop legislation and/or precedents. If no, is there any legislation/self regulation in progress?

The ITC Code states that advertisements must not portray children in a sexually provocative manner and that treatments in which children appear naked or in a state of partial undress require particular care and discretion.

Separately, advertising in which children are shown being given medicine, vitamins or any other dietary supplement cannot be shown before 9pm unless the Commission approves of the circumstances in which they are shown. The same time restriction applies to advertisements for this type of product which use cartoons, toys, characters or any other mode of presentation or advertising technique that may be of special interest to children. Further, children must not be shown administering any of these products to themselves unless the Commission gives prior permission.

These rules are consistent with a general provision of the ITC Code which states that "children must not be used formally to present products or services which they could not be expected to buy themselves." It is of no consequence whether or not the product or service being advertised is or could be of interest to them, Further, they cannot make comments on the product or service of which they cannot be expected to have direct knowledge of, or to give formalised personal testimony in relation to products or services, although it is permitted for children to give "spontaneous comments on matters in which they would have an obvious and natural interest."

(b) If so, are there any relevant precedents confirming the situation?

One example of the application of the ITC rule against children being used in a sexually provocative manner was in relation to TV advertising in 1996 for the Safeway supermarket chain. The ITC received 19 complaints about an advertisement featuring 2 tots in which the boy said to the girl "No chance of a snog then?". The ITC ruled against the complaints, saying the references, employed in a light hearted manner, did not constitute adequate grounds for intervention."

In another case, a Peugeot advertisement, again in 1996, showed a child being borne down on by a lorry until, at the last minute, being swept to safety by an adult. Complainants were concerned about the child being shown in a situation which was detrimental to road safety. Again, however, the ITC threw the claim out.

2.4 To children

(a) Are there any legal restrictions at all to use children in advertisements to children, e.g. regarding decency, nudity or specific products such as toys etc? If yes, develop legislation and/or precedents. If no, is there any legislation/self regulation in progress?

The advertising of toys and games is constrained by a number of measures. The underlying principle which actually applies to all products and not just to toys is that the vulnerability and immaturity of children should not be exploited in order to sell them products and services. They should not be made to feel inferior or as if they are failing if they do not buy the product advertised. In particular the actual size of a toy or game should be easy to judge. This might be done by showing the product against an everyday object so that the child can understand the actual size. The functionality of a toy must not be overstated but rather must be demonstrated in a way which the average child could use the toy. For example, it would be unfair to suggest to all children that a five year old can build a giant fully functioning water mill from technical Lego bricks, whereas the average 12 year old may well be able to create such a masterpiece, but it would not be fair to suggest that it could be built with one box of Lego.

This brings us on to the question of how the child may acquire the products or services and pricing. There must be no direct extortion of children and children must not be pressed to ask parents to make purchases for them, although there are circumstances when children should be encouraged to communicate with parents about the subject matter of the advertisement, for example parental permission should be sought before using the telephone. The latest guideline on this point is from the International Federation of Direct Marketing Associations which states that all companies must get parental consent before accepting any contractual orders from children or collecting any personal data from them.

Under the ITC Code advertisements may not ask children to use mail telephone or e-mail to purchase products. Advertisements to children must show the price of the product if it is "expensive." What is expensive? This is determined by the Commission from time to time and was last set on 30 March 2000 at £25.00.

A related rule is that it is sufficient, where there is a range of products being advertised, to show only the price of the most expensive product. If the decision is made, however, to show other prices then each product must be clearly associated with its price. The ITC Code goes even further and provides that where the product requires extras, the normal example being batteries, then the advertisement must say so, and the price cannot be shown with words which may have the effect of minimising the cost, such as "only and "just"

2.5 Controls of use of children in advertising

(a) Are there any controls over employment of children as actors in advertisements, e.g. number of hours they can be required to work, authorisations/permissions needed etc?

There are specific controls relating to the employment of children as performers, and these will naturally apply to short appearances in ads as much as they will to their appearing in feature films.

In essence these require that any advertiser wishing to use child performers (for these purposes under 16's) must obtain a licence from the child's local authority, even if the child only works in this connection for one day in a year. This applies to the use of children for voiceovers as well as live action, but a licence is not required if the child is not going to be paid and only, for example, receives expenses.

Some local authorities are understood not to require licences for children under school age, but others do, and the only safe course is to apply for licences in all cases.

Other restrictions are that the child may not be required to perform for more than 5 days including rehearsal days in any period of seven days. There also other detailed rules including regulations covering the number of hours children can be required to work depending on the child's age, the number of days a child can be required to perform in a year and taking a child out of the UK for shooting purposes.