17/02/2010

Code of Self-regulation for advertising directed at minors

• Since 2005 over 1,700 adverts have been evaluated, 407 of them in 2009. Of these, in 282 cases the report was positive, 105 required modifications and in 20 cases, broadcast was not recommended.
• To date the PAOS Code has been signed by 36 companies representing 94.29% of the spending on television food and drink advertising aimed at children. In addition, the television companies also signed up to the Code in September 2009.
• Since the setting up of the PAOS Code there has been a marked improvement in the quality of food advertising aimed at children and the number of complaints due to violations in the said advertising has reduced.

The Monitoring Commission of the PAOS Code (Code of Self-regulation Directed at Minors) has produced a report outlining conclusions to be drawn 5 years after the code first came into effect (15 September 2005), as well as providing data on its application during 2009.

The report reveals that, since its launch, there have been 17 complaints, 4 of these in 2009, suggesting a high level of compliance with the code. This satisfactory level of compliance is a result of, among other things, the generalised use on the part of signatory companies of the consultation tool or “copy advice”, consisting of an examination – carried out by Autocontrol’s Technical Office - of the legality and acceptability of campaign projects prior to their broadcast.

Since the launch of the Code, more than 1,700 adverts have been evaluated, 407 of them in 2009. Of these, in 282 cases the report was positive, 105 required modifications and in 20 cases broadcast was not recommended.

The major cause for complaint since the launch of the Code has been the improper use of famous people (9 cases). However, in 2009 only one such complaint was received, and following an enquiry by the Advertising Panel (Jurado de la Publicidad) this was not withheld as the advert was considered to be outside of the PAOS Code’s area of application, and so the use of the celebrity did not infringe any guidelines.

Other causes of complaint are those relating to the presentation of immoderate consumption or sedentary habits (4 cases, 1 of these in 2009), pressure to buy the product (3 cases, 2 in 2009), the direct appeal to children to buy a product (2 cases, 1 in 2009), the presentation of products as substitutes for main meals (1 case) or the undervaluing of healthy habits (1 case).

Against this background, the Ministry for Health and Social Policy and the main national and regional television companies signed an agreement in September 2009 by which they agreed to adhere to the FIAB’s PAOS Code, and committed themselves to work together towards compliance.

Almost 100% of advertising expenditure

To date, 36 companies, representing 94.29% of expenditure on food and drinks advertising aimed at children, have signed up to the PAOS Code. It was set up by FIAB in 2005 as part of the Ministry for Health and Social Policy’s NAOS Strategy (Strategy for Nutrition, Physical Activity and the Prevention of Obesity) set up by the Spanish Agency for Food Safety and Nutrition (AESAN) with the aim of raising public awareness of the health problems associated with obesity, and supporting all initiatives which contribute towards the goal of all citizens, and especially children and young people, adopting healthy habits and lifestyles, mainly through a healthy diet and regular physical activity.

The Code has three control mechanisms: “consultation with Autocontrol prior to the broadcast of adverts”; complaints to the Autocontrol Panel and the Monitoring Commission made up of representatives from the Ministry for Health and Social Policy, Consumers’ Associations, the food and drink industry and the Association of Advertisers.