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the screen on their own and were read out by different voices. More generally,
informing people is not enough to bring about behavioural change.
52. In general, online regulations have not kept pace with offline regulations,
enabling companies to effectively dodge the law by relocating their advertising to
digital spaces.
53. Regulations have lagged behind the ingenuity of advertisers. For example, the
banning of traditional tobacco advertising is insufficient. A study measuring brain
reactions to a range of stimulants (cigarette packets, advertising posters,
promotional items and brand exposure through sponsorship) show that sponsorship
images, such as using a colour code for items even without explicitly mentioning the
brand, stimulate areas of the brain associated with the desire to smoke. These results
invite considerations of ways to regulate all forms of indirect advertising and
sponsorship.
3.
Use of cultural expressions, particularly those of indigenous peoples, for
commercial purposes
54. The constant search for novelty and culturally resonant meanings in
advertising has led to the appropriation of signs and images wherever they are
found, including in indigenous cultures, with usage frequently distorting the original
symbology. Indigenous groups have resisted companies seeking to incorporate
indigenous imagery into their products, services, advertising or marketing, 28 with
some success.
55. National laws should be in conformity with international standards, including
those contained in the United Nations Declaration on the Rights of Indigenous
Peoples, in particular article 31, in which the right of indigenous peoples to
maintain, control, protect and develop their cultural heritage, traditional knowledge
and traditional cultural expressions is recognized. Good practices include specific
regulation to protect indigenous communities (see the response of Colombia).
B.
Advertising, children and education
1.
Children
56. The Convention on the Rights of the Child protects the rights of children to
freedom of expression (article 13), freedom of thought, conscience and religion
(article 14), play (article 31), education (article 29) and health, inc luding adequate
nutrition (articles 24 and 27). Pursuant to article 17, States recognize the important
function mass media perform and are committed to ensuring that children have
access to information and material from a diversity of national and internat ional
sources, especially those aimed at promoting their social, spiritual and moral
well-being and physical and mental health. States also are committed to encouraging
the development of appropriate guidelines for the protection of children from
information and materials injurious to their well-being, bearing in mind the
provisions of articles 13 and 18. Of note, article 18 (1) provides that States shall
ensure the recognition of the principle that parents have the primary responsibility
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14-58963
Sarah La Voi, “Cultural heritage tug of war: balancing preservation interests and commercial
rights”, DePaul Law Review, vol. 53, No. 928, 2003.
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