Kid law: advertising to children in Canada

Abstract

IN CANADA, there is a patchwork of federal and self-regulatory codes and guidelines that are directed specifically at advertising to children. These are in addition, of course, to the general laws that protect us all from false or misleading advertising, and that will likely be applied heavily when children are the affected audience. Broadcast ads directed to children are, not surprisingly, the most heavily regulated type of ad. Going even further, under the laws of Quebec, Canada's second most populous province, there is in fact a general prohibition (with certain exceptions, referenced below) on advertising to children under 13 years of age.The application of particular restrictions, then, may depend upon the geographic area of the ad, the medium used, or the industry group membership of the advertiser. There are also some discrepancies in terminology. For example, in some codes or guidelines a child is defined as someone under 12 years of age (Broadcast Code for Advertising to Children and the Canadian Broadcasting Corporation's Advertising Standards), in others, as under 13 (Code of Ethics and Standards of Practice of the Canadian Marketing Association and the Quebec Consumer Protection Act), and in yet others, the term is not defined at all. In addition, the issue of collecting personal information from children has become increasingly hot, with guidelines emerging that focus not only on those under 13, but on teens as well. To help you steer a course through these issues, this article will be structured as follows: Part A: Federal Canadian law Special rules for broadcast advertising to children The Broadcast Code for Advertising to Children Broadcast advertising is the most extensively regulated form of advertising to children in Canada. It is governed by the Broadcast Code Legal briefing