CAP to consider prohibiting child brand sponsorship in advertising rules

CAP said it had "agreed formally to review" whether the change was "necessary". The body agreed to review the issue of child brand sponsorship following a recommendation made in a Government-commissioned report last year.

The Bailey Review into the commercialisation and sexualisation of childhood had recommended that CAP and other advertising bodies "urgently explore" whether the advertising codes should prohibit children under 16 years of age being employed as "brand ambassadors or in peer-to-peer marketing – where people are paid, or paid in kind, to promote products, brands or services".

CAP is responsible for writing the rules contained in the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code). The body said any changes to the CAP Code would assess the need for change and publically consult on the issue if changes were "potentially merited".

"CAP takes very seriously the concerns of parents and the need to protect children, which is an enduring principle of the UK Advertising Codes. It has therefore agreed formally to review the issue of employing children as brand ambassadors or in peer-to-peer marketing with a view to considering if a change to the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (The CAP Code) is necessary," the Committee said in a statement.

"As the Code is binding on all marketers and the sanctions for breaching the Code are material and significant, CAP must ensure that any new rule is a proportionate means of achieving a legitimate aim," it said. "This requires a thorough consideration of all the facts relevant to this issue, including an assessment of the impact that a ban or other restriction might have on the marketer, the child and wider society."

"If, after reviewing the evidence, CAP concludes a change to the Code is potentially merited, it will carry out a full public consultation. If it concludes otherwise, it will make public its reasoning as to why a change to the Code is not merited," it said.

The Committee said its review would provide definitions on the "concept" of what brand ambassadors and peer-to-peer marketing is and the report on how the "techniques" are used. The body will also "consider" the "impact" of an agreement signed by major brands last year regarding the payment of children as brand ambassadors or for peer-to-peer marketing.

In October 17 major brands, including Coca Cola, Microsoft, Virgin Media and Vodafone, signed a voluntary pledge committing them to generally avoid paying children under the age of 16 "to actively promote brands, products, goods, services, causes or ideas to their peers, associates or friends". The Advertising Association's 'best practice' principle agreement does permit the companies to employ under 16s for those purposes in some circumstances, including if local authorities permitted "child-performers" to appear in ads or if the children were "exceptionally talented" in the fields of sport or entertainment.

"The principle is not intended to apply to every instance in which a child is involved in promotional or presentational marketing activity. It applies only to marketing activity which commercialises a child’s relationships with peers, associates or friends through employment involving payment or payment-in-kind in exchange for active promotion of a brand, product, good, service, cause or idea. 'Payment or payment-in-kind' is any reward with a commercial value, including money, goods or services," the pledge (1-page / 216KB PDF) said.

CAP described the initiative as "a significant development" which it was "bound to consider" after it has been in place for 12 months as part of its review.

CAP said it will meet with "relevant stakeholders" and invite them to submit evidence on the issue of the "potential harmful effects" of child brand sponsorship and paid peer-to-peer marketing. The body is to publish its review findings in December.