Broadcasting Code For The Protection of Minors, 2000

L~N. 160 of 2000

BROADCASTING ACT

(CAP. 350)

Broadcasting Code For The Protection of Minors, 2000

IN exercise of the powers conferred by article 19 and paragraph

(a) of subarticle (1) of article 20 of the Broadcasting Act, 1991, the

Broadcasting Authority, in conjunction with the Minister of Education,

has made the following Code:-

(1) The title of this Code is Broadcasting Code For The

Protection of Minors, 2000.

(2) This Code shall come into force on 1st September, 2000.

Expressions used in this Code shall have the same meaning

assigned to them in the Act.

Broadcasts shall not include any programmes which might

seriously impair the physical, mental or moral development of minors,

and in particular they shall not include programmes that involve

pornography or gratuitous violence.

The measures provided for in paragraph 3 of this Code shall

also extend to other programmes which are likely to impair the physical,

mental or moral development of minors, except where it is ensured, by

selecting the time of the broadcast or by any technical measure, that

minors in the area of transmission shall not normally hear or see such

broadcasts.

When such programmes are broadcast in unencoded form, such

programmes shall be preceded by an acoustic warning or shall be

identified by the presence of a visual symbol throughout their duration.

Advertising shall not cause moral or physical detriment to

minors, and shall therefore comply with the following criteria for their

protection

(a) it shan not directly exhort minors to buy a product or a

service by exploiting their inexperience or credulity;

(b) it shall not directly encourage minors to persuade their

parents or others to purchase the goods or services being advertised;

(c) it shall not exploit the special trust minors place in

parents, teachers or other persons;

(d) it shall not unreasonably show minors in dangerous

situations.

Teleshopping shall comply with the requirements referred to Teleshopping

in paragraph 20 and, in addition, shall not exhort minors to contract for directed at minors.

the sale or rental of goods and services.

Advertisements shall not include any material that may result General rule on

in harm to minors either physically , mentally or morally •

ad.vertisements and

nunors.

Advertisements addressed to the minor listener and viewer Misleading

shall not exaggerate or mislead about any features including the size, advertising.

qualities or capabilities of products or services. A minor's ability to

distinguish between fact and fantasy will vary according to their age

and individual personality. With this in mind, no unreasonable

expectation should be stimulated, such as for example, with regard to

the performance of toys or games by the excessive use of imaginary

backgrounds or special effects.

Prices of products or services advertised to minors shall not Prices.

be minimised by words such as

(a) only;

(b) or;

(c) just.

Advertisements shall not take advantage of the immaturity Immaturity and

or natural credulity of minors.

credulity.

Advertisements shall not take advantage of the sense of Appeals to loyalty.

loyalty of minors or suggest that unless minors buy or encourage others

to buy a product or service, they will be failing in some duty or lacking

in loyalty.

Advertisements shall not lead ~nors to believe that unless Inferiority.

they have or use the product advertised they will be inferior in some

way to other minors or liable to be held in contempt or ridicule.

Advertisements shall not directly exhort minors to buy Exhortation..

products or services or else to ask adults to buy products or services for

them.

Advertisements shall not invite minors to purchase products

or services by means of a communication at a distance including mail,

telephone, computer, e-mail or internet.

References to competitions for minors are acceptable

provided that any skill required is appropriate to the age of the likely

participants and the values of the prizes and the chances of winning are

not exaggerated. No proof of purchase shall be requested from minors

who wish to participate in such competitions.

References to 'free gifts' for minors in advertisements shall

include all qualifying conditions, such as any time limit and how many

products must be purchased, and any other relevant information.

Advertisements shall not encourage minors to eat frequently

Health and hygiene.

throughout the day.

Advertisements for confectionery and snack foods shall not

suggest that such products may be substituted for balanced meals.

Any situations where minors are to be seen or heard in

advertisements shall be carefully considered from the point of view of

safety. It should be borne in mind that, in some circumstances, bad

examples by adults may encourage emulation by minors. Circumstances

to be avoided include the following

(a) minors shall not be seen leaning on windows, climbing

or tunneling dangerously, or playing irresponsibly in or near water;

(b)

minors shall not be shown playing in the road;

(c) minors of small stature shall not be shown climbing up

to high shelves or reaching up to take things from a table above

their heads;

(d) medicines, disinfectants, antiseptics and caustic or

poisonous substances shall not be shown within reach of minors

without close adult supervision, nor may minors be shown using

such products in any way;

(e) minors shall not be shown using matches, or any gas,

petrol, paraffin, mechanical or mains-powered appliance which

could lead to them suffering any form of injury;

(f) advertisements shall not depict toy weapons which are

realistic (whether in size, shape or colour) and which can be

confused with real weapons.

No advertisement shall encourage minors to enter strange Danger.

places or to converse with strangers.

Minors in advertisements shall be reasonably well-mannered Behaviour.

and well-behaved.

Advertisements shall not encourage anti-social behaviour or Anti-social

depict minors behaving in an anti-social manner. Vindictiveness, behaviour.

bullying and certain facial expressions and body movements can all be

defined as anti-social.

Advertisements shall not portray minors in a sexually Exploita~ve

.

presentation.

provocatlve manner.

Treatments in which minors appear naked or in a state of A~pearances of

partial undress require particular care and discretion.

nunors.

If minors are used in commercials, they shall not be used to Minors as

present products or services which they could not be expected to buy presenters.

themselves.

Minors shall not make significant comments on Comments by

characteristics or products and services about which they could not be minors.

expected to have direct knowledge.

Minors shall not personally testify about products and Testimonials.

services. They may, however, give spontaneous comments in which

they would have an obvious natural interest.

Advertisement for the following shall not be transmitted Restriction on times

during minors's programmes or in advertisement breaks immediately of transmission.

before or after them

(a) alcoholic drinks;

(b) matches;

(c) medicines;

(d) vitamins or dietary supplements;

(e) slimming products, treatments and establishments;

(f) adult only rated film trailers;

(g) lotteries or similar games of chance.

This Code refers to minors who are under 16 year of age.

The provisions of this Code are without prejudice to

regulations 5 and 6 of the Television Programmes (Classification

Certificates) Regulations, 1994.