BROADCASTING CODE FOR THE PROTECTION OF MINORS

SUBSIDIARY LEGISLATION 350.05

BROADCASTING CODE FOR THE

PROTECTION OF MINORS

1st September, 2000

LEGAL NOTICE 160 of 2000, as amended by Legal Notice 325 of 2010.

The title of this Code is the Broadcasting Code for the

Protection of Minors.

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.

This Code refers to minors who are under eighteen years of

age.

Teleshopping shall comply with the requirements referred

to in paragraph 20 and, in addition, shall not exhort minors to

contract for the sale or rental of goods and services.

Advertisements shall not include any material that may

result in harm to minors either physically, mentally or morally.

Advertisements addressed to the minor listener and viewer

shall not exaggerate or mislead about any features including the

size, 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 be minimised by words such as -

(a) only;

(b) or;

(c) just.

Advertisements shall not take advantage of the immaturity

or natural credulity of minors.

Advertisements shall not take advantage of the sense of

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 minors to believe that unless

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

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 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

places or to converse with strangers.

Minors in advertisements shall be reasonably well-

mannered and well-behaved.

Advertisements shall not encourage anti-social behaviour

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

bullying and certain facial expressions and body movements can all

be defined as anti-social.

Advertisements shall not portray minors in a sexually

provocative manner.

Treatments in which minors appear naked or in a state of

partial undress require particular care and discretion.

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

present products or services which they could not be expected to

buy themselves.

Minors shall not make significant comments on

characteristics or products and services about which they could not

be expected to have direct knowledge.

Minors shall not personally testify about products and

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

they would have an obvious natural interest.

Advertisement for the following shall not be transmitted

during minors’ programmes or in advertisement breaks

immediately 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.

The provisions of this Code are without prejudice to

regulations 5 and 6 of the Television Programmes (Classification

Certificates) Regulations and to the Broadcasting Authority’s

Requirements as to Standards and Practice Applicable to Family

Viewing and Listening.

The Authority shall encourage media service providers to

develop codes of conduct regarding inappropriate audiovisual

commercial communication, accompanying or included in

chil dren ’s pr og ram mes, of f ood s and bever ages con tain ing

nutrients and substances with a nutritional or physiological effect,

in particular those such as fat, trans-fatty acids, salt/sodium and

sugars, excessive intakes of which in the overall diet are not

recommended.