SENACON Promotes Public Consultation On Child Advertising Regulations

Author:Ms Tania Liberman and Vanessa Pirró
Profession:Koury Lopes Advogados

The National Consumer Secretariat (SENACON) started a Public Consultation relating to the regulation of children's advertising. The regulation defines advertisements as “any message, conveyed in written form, through sounds or through sounds and images, which, directly or indirectly, in analog or digital media, seeks to promote the use of products or services placed on the market by the supplier”.

The Consultation aims to conciliate the constitutional principles that protect children and adolescents (considered as hyper vulnerable consumers) and the rights related to the free advertising initiative of companies and suppliers.

The draft establishes several restrictions to protect children and adolescents, many of which already exist in the current legislation. As highlights, we cite the prohibition of the advertisement (a) causing any type of discrimination; (b) associating children and adolescents to situations incompatible with their hyper vulnerable condition; (c) imposing a notion that the consumption of the product provides superiority, and, the lack of it, inferiority; (d) causing embarrassment to parents or harassing others in order to impose consumption; (e) employing children or adolescents as role models to voice direct appeals or suggestions for consumption; (f) using a journalistic format; (g) mentioning that the product contains peculiar characteristics when this fact is not real; and (h) using situations of psychological pressure to instill fear; such advertisements should also seek to (a) contribute to the positive development of family and social relationships; (b) respect the dignity, ingenuity, credulity, inexperience and feeling of loyalty of the target audience; (c)...

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