the full report

ADVERTISING & MARKETING TO CHILDREN
GLOBAL REPORT
NOVEMBER 2016

02 | Advertising & Marketing to Children Global Report November 2016
CONTENTS
INTRODUCTION 03
REPORT MAP 04
COMPARISON TABLE 05
EXECUTIVE SUMMARY 11
SECTION 1:
REGULATION SUMMARY 13
1. ARGENTINA 13
2. AUSTRALIA 15
3. AUSTRIA 18
4. BELGIUM 20
5. BRAZIL 22
6. CANADA 23
7. CHILE 25
8. CHINA 27
9. COLOMBIA 29
10. DENMARK 31
11. ECUADOR 34
12. EUROPEAN UNION 37
13. FRANCE 39
14. GERMANY 41
15. GHANA 43
16. HONG KONG 45
17. INDIA 47
18. INDONESIA 49
19. ITALY 51
20. JAPAN 53
21. JORDAN 55
22. KENYA 56
23. MYANMAR 58
24. NETHERLANDS 60
25. PAKISTAN 62
26. POLAND 64
27. QATAR 66
28. RUSSIA 68
29. SAUDI ARABIA 70
30. SPAIN 72
31. SWEDEN 74
32. SWITZERLAND 76
33. THAILAND 78
34. UNITED ARAB EMIRATES 80
35. UNITED KINGDOM 82
36. USA 84
37. ZAMBIA 86
SECTION 2: IN DEPTH
REGULATION ANALYSIS 87
1. ARGENTINA 87
2. AUSTRALIA 94
3. AUSTRIA 104
4. BELGIUM 114
5. BRAZIL 122
6. CANADA 126
7. CHILE 134
8. CHINA 142
9. COLOMBIA 149
10. DENMARK 155
11. ECUADOR 173
12. EUROPEAN UNION 182
13. FRANCE 191
14. GERMANY 198
15. GHANA 205
16. HONG KONG 210
17. INDIA 217
18. INDONESIA 225
19. ITALY 230
20. JAPAN 235
21. JORDAN 239
22. KENYA 245
23. MYANMAR 259
24. NETHERLANDS 263
25. PAKISTAN 268
26. POLAND 277
27. QATAR 287
28. RUSSIA 291
29. SAUDI ARABIA 295
30. SPAIN 301
31. SWEDEN 305
32. SWITZERLAND 311
33. THAILAND 320
34. UNITED ARAB EMIRATES 332
35. UNITED KINGDOM 336
36. USA 341
37. ZAMBIA 348
CONTRIBUTOR LIST 352

www.dlapiper.com | 03
INTRODUCTION
UNICEF is committed to helping companies and governments adopt best practice in relation to all aspects of children’s
rights. This includes both the ways in which products and services are marketed and advertised to children and the
use of children in advertising or marketing, and ultimately extends to any related laws, policies or practices that impact
children as consumers.
The objective of the ‘Advertising and Marketing to Children’ project is to capture as much information as possible
about the regulatory framework within which companies and their marketing and advertising agencies operate.
This is both from a legislative perspective and where voluntary codes apply.
DLA Piper has been commissioned by UNICEF to conduct research across thirty seven jurisdictions and to produce
this report which has been done with the support of UNICEF, lawyers from DLA Piper ofces and associate rms
around the world.
DLA Piper’s involvement in this project forms part of the partnership between DLA Piper and UNICEF which to the
end of September 2016 has seen the rm undertake over 13,000 hours of pro bono assistance to an estimated value of
some £3.3 million towards UNICEF’s global child justice programme.
This report is the result of an analysis of the regulatory framework with respect to advertising and marketing to
children in the following jurisdictions:
1. Argentina;
2. Australia;
3. Austria;
4. Belgium;
5. Brazil;
6. Canada;
7. Chile;
8. China;
9. Colombia;
10. Denmark;
11. Ecu ador;
12. European Union;
13. France;
14. Germany;
15. Ghana;
16. Hong Kong;
17. India;
18. Indonesia;
19. Italy;
20. Japan;
21. Jordan;
22. Kenya;
23. Myanmar;
24. Netherlands;
25. Pakistan;
26. Poland;
27. Qatar;
28. Russia;
29. Saudi Arabia;
30. Spain;
31. Sweden;
32. Switzerland;
33. Thailand;
34. United Arab Emirates;
35. United Kingdom;
36. United States of
America; and
37. Zambia.
The report demonstrates the diversity of legislative and self-regulatory frameworks that govern advertising and
marketing to children internationally. There are also commonalities across the jurisdictions covered. The executive
summary explores the themes and patterns that emerge from this initial analysis, both in terms of best practice and
areas that require a strengthened regime and a greater focus. The full research table in relation to each jurisdiction
covered in this research stage are included as appendices to this report. We would like to thank all our contributors
for their assistance and commitment in helping us to complete the report.
We have tried to make the report as comprehensive as possible but it should not be regarded as exhaustive.
Ourresearchers, whose names and contact details are listed at the end of the report, have endeavoured to access
the most up to date versions of legislation but this has not always been possible. In some jurisdictions, DLA Piper has
conducted online research which has been reviewed by local counsel; in the case of Saudi Arabia, this local review
has not yet been completed. As such this publication is intended and should be understood as a general overview and
should not be relied on or used as a substitute for taking legal advice in any specic situation. DLA Piper UK LLP will
accept no responsibility for any actions taken or not taken on the basis of this publication.
Copyright © 2016 DLA Piper UK LLP. All rights reserved.

04 | Advertising & Marketing to Children Global Report November 2016
REPORT MAP

www.dlapiper.com | 05
COMPARISON TABLE
Argentina
Australia
Austria
Belgium
Brazil
Canada
Chile
China
Colombia
Denmark
Ecuador
France
Germany
Ghana
Hong Kong
India
Indonesia
Italy
Japan
Jordan
Kenya
Myanmar
Netherlands
Pakistan
Poland
Qatar
Russia
Saudi Arabia
Spain
Sweden
Switzerland
Thailand
UAE
UK
USA
Zambia
1Legal age of
majority
18 18 18 18 18 18
-
19
18 18 18 18 18 18 18 18 18 18 18
-
21
18 20 18 18 18 18 18 18 18 18 N/
A
18 18 18 18 18 18 18 18
2National
legislation
regulating
marketing
and/or
advertising
generally
2.1 Explicitly
addresses
marketing
and
advertising
to children
No provisions Some Provisions Relevant Provisions
(Substantial or Complete) Not addressed