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for the upbringing and development of their children. In accordance with article 3 (1),
in all actions concerning children, the best interests of the child shall be a primary
consideration.
57. In its general comment 17 on the right to leisure (CRC/C/GC/17), the
Committee on the Rights of the Child recognized that the commercialization of
children’s play environment influences how children engage in recreation, cultural
and artistic activities. The Committee also expressed conc ern that:
many children and their families are exposed to increasing levels of
unregulated commercialization and marketing by toy and game manufacturers.
Parents are pressured to purchase a growing number of products which may be
harmful to their children’s development or are antithetical to creative play ….
Global marketing can also serve to weaken children’s participation in the
traditional cultural and artistic life of their community. 29
Many studies commissioned by governments and civil society groups support such
assessments and underline that commercial advertising heightens children ’s
insecurities, accentuates inequalities and distorts their gender socializations. 30
58. Most countries grant children special protection in relation to commercial
advertising. Some prohibit television advertising at certain hours or in connection
with children’s programmes. One principal element in legislation and the ICC code
is that marketing directed at children should be clearly distinguishable from other
content. A few countries prohibit all forms of advertising to children, regardless of
the medium or means used. 31
59. The definition of a child for the purposes of commercial advertising in state
legislation and self-regulatory codes varies from persons under the age of 12 to
those under 18. Sometimes the age is not specified. The 12 years of age criterion is
based on academic assessments indicating that by the age of 12 children have
developed their behaviour as consumers, effectively recognize advertising and can
critically assess advertisements. Academic and civil society organizations have
asked for a ban of all advertisement to primary-school children. 32
60. Whether children of a certain age have developed adequate “cognitive
defences” to implicitly processed commercial messages is contested, however. 33
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29
30
31
32
33
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See also Susan Linn, “Commercialism in Children’s Lives”, in State of the World 2010:
Transforming Cultures from Consumerism to Sustainability, Worldwatch Institute, 2010.
National Education Policy Center, “Effectively embedded: schools and the machinery of modern
marketing”, thirteenth annual report on schoolhouse commercializing trends: 2009-2010,
University of Colorado at Boulder; United Kingdom Department for Chilodren, Schools and
Families and Department for Culture, Media and Sport, “The impact of the commercial world on
children’s wellbeing: report of an independent assessment”, 2009; M. Barbovschi, L. Green and
S. Vandoninck (eds.) “Innovative approaches for investigating how children understand risk in
new media: dealing with methodological and ethical challenges ”, EU Kids Online, London
School of Economics and Political Science, 2013.
For example in Brazil, and in Canada, Denmark and Norway for children under 12.
Ipsos MORI, in partnership with Agnes Nairn, “Children’s well-being in UK, Sweden and Spain:
the role of inequality and materialism”, 2011; “Leave our kids alone campaign”,
www.leaveourkidsalone.org.
Agnes Nairn and Cordelia Fine (2008), “Who’s messing with my mind? The implications of
dual-process models for the ethics of advertising to children”, International Journal of
Advertising, vol. 27, No. 3, 2008.
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