Advertising “unhealthy” food to children

Background

The 2007 Audiovisual Media service Directive (AVMS Directive) amended the former “Television without Frontiers”Directive.

The 2007 Directive introduced Article 3e (2), which states that governments and the Commission must encourage media service providers to develop codes of conduct regarding inappropriate advertising of "unhealthy" food and drinks in or accompanying children’s programmes.

However Article 3e (2) gives no specifications for encouragement, and media service providers are given full responsibility to design and enforce codes of conducts.

The AVMS Directive had to be be transposed in national law by 19 December 2009.

Aim of the workshop

Jean-Eric de Cockborne, Head of Audiovisual and Media Policies Unit in DG INFSO, introduced the workshop. The European Commission aims to launch a multi-stakeholder dialogue on the enforcement of the AVMS Directive provisions, in order to allow an exchange of views and best practices, and assess whether further amendments of the Directive may be necessary.

Self-regulatory mechanisms

Will Gilroy, Communications Director of the World Federation of Advertisers (WFA), explained the general process of adoption of codes of conducts.

In 2006 the International Chamber of Commerce (ICC) adopted a revised international Code of advertising and marketing communication practice, and a Framework for responsible food and beverage marketing communication.

These texts have cascaded down to the national level, and used as models for national codes of conducts.

In the context of the EU Platform for Action on Diet, Physical Activity and Health, WFA together with 11 major food companies have committed to refrain from advertising unhealthy food (as defined by participating companies) to media audiences with a minimum of 50% of children under 12 years), and from advertising in school settings.

This commitment is monitored every year, the 2009 monitoring report concluded to a 99.8% rate of compliance on 6 European markets. More information on this commitment is available at www.eu-pledge.eu.

Compared to this positive result, there is still a a major concern over companies websites, which do not fall under the Self-Regulatory Organisations’competence.

Mr. Piet Jaspaert, Chairman of JEP (Belgian self-regulatory body) and Vice-Chair of European Advertising Standards Alliance (EASA) presented the effort of Self Regulatory Organisations in ensuring compliance with codes of conducts and handle complaints.

Initiatives undertaken by audiovisual medias

Mrs. Renate Dörr from German public television ZDF, emphasised that codes of conducts on advertising are only one instrument in broadcasters hands to help fight child obesity. For example audiovisual media have a major role to play in developing programmes that promote better food habits and more regular physical activity, in an entertaining way.

Overall public service broadcasters are subject to stricter rules on advertising. Some Member States, such as UK, Sweden, Dutch-speaking part of Belgium, Denmark, Finland, Lithuania, Estonia, have decided to forbid advertising on public television. In contrast, other countries, such as Spain, France, and Germany have imposed restrictions.

ZDF complies with the German code of conduct, which is broader than the AVMS Directive requirements:

 It is not limited to children’s programmes

 It is not only for “unhealthy” food

 It is not limited to audiovisual communication and includes the press

 It allows for interpretation of inappropriate commercial communication.

Heiko Zysk, Deputy Director Media Policy of ProSiebenSat 1 stressed that it is crucial to design pan-European rules, which will regulate pan-European advertising campaigns.

National examples

Christine Kelly, Member of the Board of CSA (French Regulatory Body for Broadcast media) and Arnaud Esquerré, from the French Direction for Media Development, presented the “Food Charter” (Charte Alimentaire).

A law in 2001, which entered into force in 2005, imposes to accompany HFSS ads with on-screen and audio messages on healthy eating and physical activity referring to the government website www.mangerbouger.fr.

In 2008, the ministry of health threatened to forbid food advertising on children’s programmes. The ministry then backed off and a consultation took place under the joint authority of the ministry of health and the ministry of culture.

The debate highlighted several key points:

 France’s relatively low rate of child obesity can be attributed to good behaviours, especially the cultural importance of cooking a full meal at home. It is therefore more important to promote “healthy” behaviours, rather than products which are healthy in themselves.

 It is necessary to secure financing for the creation of national content for children’s programmes, as foreign content may display bad eating habits.

 Given the long hours children spend watching TV, targeting “children’s programmes” is not sufficient, and a broader approach is necessary.

On 18 February 2009, the ministry of health presented the Food Charter, which has been endorsed so far by 10 TV operators representing 17 main TV channels.

The Charter comprises 6 voluntary commitments, endorsed for 5 years:

 Improve the quality of food advertising

 Grant a 60% discount on advertising rate to government’s sanitary campaigns

 Broadcast a certain amount of programmes on food and physical activity

 Create short programmes highlighting good food behaviours and physical activity

 The overall amount of these programmes on all signatory channels must represent between 340 and 470 hours per year.

 Frequently promote the government’s website mangerbouger.fr

No sanction is foreseen if the commitments are not respected, however so far TV channels have been very active, and already created more than 500 hours of dedicated programmes.

Peter Bourton, Head of Commercial Policy at OFCOM, presented the rationale behind UK decision to restrict advertising of food to children.

The UK Food Standard Agency was the first authority in the European Union to establish nutrient profiles, in order to assess what type of food is considered as HFSS food.

Based on these nutrient profiles, Ofcom, which regulates communications in the United Kingdom, decided to forbid advertising for HFSS food around children’s programmes and programmes for which the proportion of children viewing is larger than the share of children in the population.

Juan-Manuel Ballesteros, from the Spanish Food Safety and Nutrition Agency, presented the PAOS self-regulation code, which aims to reduce sales pressure to children for all drinks and beverages. So far it has been endorsed by 36 companies.

Laurence Doughan, Coordinator of the Belgian National Plan for Nutrition and Health, highlighted that given the intense circulation of goods in the internal market, self-regulation can only be effective if harmonized between European countries.

Belgian authorities have taken a threefold approach to HFSS food advertising, with the development of:

 qualitative restrictions: defined by self-regulation

 quantitative restrictions: a statutory regulation creates quotas for HFSS food advertising, in order to reduce the advertising pressure on children

 “social” advertising on healthy food created by the government.

Conclusions

The Commission will report on the implementation of the AVMS Directive at the end of 2011, and then assess whether further amendments are necessary.

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For further information

 Presentations from the workshop are available here

 Information on the Audiovisual Media Service Directive on the European Commission website

 Platform for action on Diet, Physical Activity and Health

EPHA related articles

 EPHA Summary from the EU Platform on Diet, Physical Activity and Health

 European Nutrition and Health Report 2009

 Marketing of food and non-alcoholic beverages to children