Does industry regulation of food advertising protect child rights?

Abstract

This paper explores whether industry self-regulation of food advertising to children protects child rights. The New Zealand Advertising Standards Authority (ASA) system is analysed with respect to the United Nations Convention on the Rights of the Child (UNCROC). Content analysis of data sources such as the ASA website and key documents is used. Eight decisions on public complaints about advertising are analysed. This research finds that implementation of the codes includes partial, unjustified and inconsistent decision making by the complaints board; failure to implement changes to codes; and failure to prevent unhealthy food advertisements being developed and aired. The ASA system is found to be reactive, to have limited sanctions, to provide little incentive for restraint by advertisers, and to lack independent monitoring. This analysis suggests the New Zealand advertising standards system does not protect the rights of children by failing to enact the spirit of UNCROC and specifically by not adequately addressing Articles 3, 6 and 13. Given the extent of the harm to children worldwide of unhealthy eating patterns, the evidence of the contribution of marketing to poor nutrition and the findings of this research, it is concluded that government regulation of marketing of food to children should be implemented globally. This would assist governments to reduce the effects of one of the key environmental contributors to unhealthy eating patterns and enable them to meet their obligations in international law to protect the rights of children.

Keywords:

• healthy public policy
• law
• children

Acknowledgements

The authors are grateful to Janet Hoek, Alison Blaiklock and Celia Murphy for their thoughtful comments on an earlier draft of this paper, and to the organisations and individuals who provided their submissions to the review. This project was funded by a grant from the Faculty of Medicine, University of Otago.

Notes

Note

1. For code for advertising to children (April 2006), see http://www.asa.co.nz/code_children.php. For code for advertising of food (April 2006), see http://www.asa.co.nz/code_food.php.