Ads code to focus mainly on under-15s

A controversial new code on children's advertising has been diluted to exclude older children from some of its provisions.

Much of the code, to be introduced today by the Broadcasting Commission of Ireland (BCI), will apply to children aged under 15, rather than under 18 as originally envisaged.

This follows intense opposition from the advertising and food industries, which objected to the BCI draft code's definition of a child as anyone under 18.

However, the main focus of industry complaints, a proposal that sports stars and other celebrities should not advertise food and drinks products during children's television programmes, is retained in the final code which was agreed by the BCI board last month.

Other changes have been made in response to fears that the code could be subjected to legal challenge, The Irish Times understands.

The code will also require television advertisements to include warnings that fast food be eaten in moderation and as part of a balanced diet. This has been included in response to concerns about obesity among children.

Advertisements for foods containing sugar will also have to be accompanied by an on-screen message about the harm such foods can do to a child's teeth. Plans to have a toothbrush symbol accompanying advertisements for such products have been dropped.

The code, which is statutory and has been drawn up after extensive consultation with the public and industry, will not be introduced until next January.

A BCI source insisted that, in spite of the changes to the final code, the new regulations would "push the boat out" on children's advertising. Similar codes in other countries largely relate to under-12s.

However, it will apply only to home-based broadcast media, such as RTÉ, TG4, TV3 and Today FM. Services received from abroad, such as MTV or Nickelodeon, will remain subject to the rules applying in their country of origin.

The guidelines will also specify that children appearing in advertising should not be depicted in a sexually provocative way or promote concern in children over bodily appearance.

Food and beverage companies have claimed that the restrictions could cost Irish broadcasters about €20 million and could result in a €25-€30 increase in the TV licence fee.

The Food and Drink Industry of Ireland (FDII) claimed in a submission to the BCI that the restrictions were unscientific and could end up "demonising" certain product lines.

The drinks group C&C described the measure as "an unfair, unnecessary and disproportionate restriction on our industry. Use of celebrities is a valid communication strategy for all goods and services and serves in many instances as positive role models."

According to the Association of Advertisers in Ireland and the Institute of Advertising Practitioners in Ireland, the measure is a barrier to trade and an "unfair restriction" on the food industry's attempts to raise product awareness.