However, the ability of industry to self-regulate has been repeatedly been called into question by scientists, academics, NGOs and others. For example, when it comes to advertising to children online a team of marketing experts noted -
"While the regulators, or even the industry itself in various countries, through self-regulation, has regulated advertising to children and pledged responsible marketing to this segment, the same advertisers appear to forget the promises as soon as they are advertising online."
(Middlesex University Business School in their report, Analysing Advergames: Active Diversions or Actually Deception)
A recent International Obesity Task Force (IOTF) report highlighted the failures of self-regulation favoured by industry, because self regulation lacked the means to control the “cumulative effect” of intense marketing targeting children.
EPHA, IOTF and numerous other health organisations believe that minors should be protected from unscrupulous marketing and are demanding objective restrictions at European level on the advertisement of junk foods and non-nutritious foods aimed at children. This would be achieved through the introduction of a specific article in the current revision of the European Television Without Frontiers Directive establishing a watershed from 6am-9pm.
Industry’s Rush to Regulate in the Face of Legislation
There is ample evidence to suggest that industry tends to step up self-regulation measures in the face of the threat of governmental legislative regulation.
This phenomenon repeats itself in this latest case. The ICC’s framework has appeared on the advertising/marketing debate scene at a time when the WHO launches its own Strategy for the Prevention and Control of Noncommunicable Diseases.
WHO’s Strategy for the Prevention and Control of Noncommunicable Diseases offers a number of examples to develop and enforce regulatory frameworks (in the form of legislation, regulations, ordinances, or treaties).
These include restricting advertising, sponsorship and promotion of unhealthy products particularly in relation to young people, educational and sports activities; controlling the quality of and consumer information about unhealthy products through regulation and monitoring; developing clear and understandable nutritional labelling; reducing levels of added salt, fat and sugars in manufactured foods and the marketing of certain energy-dense, nutrient-poor foods and drinks to children.
Internationally Enforceable Code Needed
With the global epidemic of obesity already triggering the development of type 2 diabetes in increasing numbers of children, the IOTF said an internationally enforceable code was needed to give clear principles for governments, industry and others to follow.
Therefore, the WHO’s efforts in this area are to be welcomed. International standards to protect children, especially those developed by the WHO, other UN agencies, governments, international partners and other stakeholders.
Industry’s Success in Using High Level Negotiations for Public Relations
Worryingly, the ICC states that it will "champion the Framework in meetings with government officials and international organizations. It will also be used to inform recent initiatives to address childhood obesity, including those launched by the European Union Platform for Action on Diet, Physical Activity and Health ..."
EPHA has no doubt that the ICC will indeed "champion" the self-regulatory framework, one more example of the industry’s hijacking of high level negotiations (in this case, the Commission’s Platform) under the threat of legislative measures.
EPHA urges that the Commission become critical of this trend.
The Commissions should keep in mind it’s job to help make Europe’s citizens healthier, safer and more confident - industry’s seduction through promises of self-regulation leaves much to be desired.
Related Links -
"Monitor on Psychology" Journal - Advertising to children: Is it ethical?
Middlesex University Business School Report - Analysing Advergames: Active Diversions or Actually Deception
EPHA Links -
Protecting Children from Internet and TV marketing - Calls for Action
World Health Organization’s European Strategy for the Prevention and Control of Noncommunicable Diseases
The EU Platform for Action on Diet, Physical Activity and Health - An Insider’s Perspective
