Advertising and marketing to children in Israel

Citation

Wolberg, D. (2010), "Advertising and marketing to children in Israel", Young Consumers, Vol. 11 No. 1. https://doi.org/10.1108/yc.2010.32111aab.001

Advertising and marketing to children in Israel

Article Type: Legal briefing From: Young Consumers, Volume 11, Issue 1

Preface

First and foremost, under Israeli law, contracts with minors (being under 18 years of age) may not always be upheld, and under certain conditions may be cancelled by the minor’s representative. A representative is usually a parent. Nevertheless, legal actions by minors (such as entering a contract), may be binding if they are customary to minors of that age. Thus, when promoters target minors, via marketing promotions, contests, etc., obtaining parental/guardian consent is recommended.

Advertising and marketing to children in Israel are governed by a combination of laws, regulations and court rulings. The Consumer Protection Law – 1981 and The Consumer Protection Regulations (Advertisements and Marketing Methods Targeted at Minors) – 1991, are the dominant statutes in this field.

Advertising, in its entirety, is not governed by a self regulatory body. However, a large percentage of advertising is broadcast on private television stations, which are self regulated. Empowered by The Second Television and Radio Authority Law – 1990, the Second Authority Council sets advertising rules and has the power to refuse broadcasting advertisements which infringe the relevant rules. Empowered by the Communication Law (Bezek and Broadcasting) – 1982, the Cable and Satellite Council sets advertising rules and has the power to refuse broadcast advertisements which infringe the relevant rules.

The consumer protection law and its derived regulations

The Consumer Protection Law 1981 (CPL) generally prohibits misleading consumers as to the quality and substance of goods and services. The CPL further prohibits taking advantage of consumers, abusing consumers’ ignorance or applying unfair pressure on consumers. These general restrictions often relate to children as they are easily misled and susceptible to pressure.

Empowered by the CPL, the Minister of Commerce regulates derived regulations, such as The Consumer Protection Regulations (Advertisements and Marketing Methods Targeted at Minors) 1991 (CPR – Advertisements and Marketing Methods Targeted at Minors). It is advisable that any promoter, merchant or advertiser targeting minors be acquainted with these regulations, which are the foundation of other laws and regulations relevant to this topic. These regulations define “marketing methods” as a direct or indirect approach to a consumer, including by means of a fax, mail, telephone, radio, television, electronic communication of any kind, advertisements, catalogues and notices. In short, any means of marketing and advertisements targeted at minors, fall under these regulations.

The CPR – Advertisements and Marketing Methods Targeted at Minors, inter alia, state the following:

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  Advertising and marketing must be compatible with the knowledge, the understanding and maturity of the targeted consumers.

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  Advertising and marketing must be compatible with acceptable social values, such as non-violence.

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  Information conveyed must be clear to the targeted consumers.

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  It must be taken into account that advertisements and marketing methods may cause minors to act in a manner which may harm their wellbeing and health.

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  Advertisements and marketing methods must not hinder the capability of minors to value the true size of the marketed product.

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  Advertisements and marketing methods must clearly represent the total price of the offered goods or services. Words such as “total”, “just”, “only” may only be used if there is a significant price reduction. It must be clearly stated if the offered goods require additional items which are not included in the price. For example, “batteries not included”, must be clearly stated when appropriate.

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  When targeting minors, it is prohibited to advertise or market in a manner which takes advantage of the consumers’ innocence, beliefs, imagination and lack of experience.

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  It is prohibited to portray information in a manner which may scare viewers.

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  It is prohibited to use nudity or sexual innuendo.

Television

Television advertising, including advertisements targeted at minors, is strictly regulated. The Second Television and Radio Authority Rules (Television Advertising Ethics) 1994 and the Communication Rules (Bezek and Broadcasting) (Advertisements, Services and Sponsorship Broadcasting on designated Channels) 2004, set specific rules and guidelines relating to the advertisements. The former Rules relate to private television stations (in contrast to state/national television) and the latter Rules relate to private television broadcasted through cable and satellite.

Both these Rules incorporate the restrictions and guidelines mentioned in the CPL and CPR – Advertisements and Marketing Methods Targeted at Minors above. Additionally, it is worth mentioning that these Rules prohibit broadcasting advertisements which portray minors in an unworthy manner.

Radio

Pursuant to The Second Television and Radio Authority Rules (Radio Advertising Ethics) – 1999, advertisements on radio which target minors, mention minors, or in which minors appear, must be adjusted to the targeted audience and the scheduling.

As is the case with television, laws and regulations relating to radio incorporate the different rules and guidelines mentioned in the CPL and the CPR – Advertisements and Marketing Methods Targeted at Minors which prohibit misleading consumers.

Tobacco and alcohol

Pursuant to the Consumer Protection Regulations, it is prohibited to encourage minors, via advertisements or other marketing methods to use intoxicating beverages, smoke cigarettes or other tobacco products.

Unauthorized games, draws and gambling

The Israel Penal Law 1977 generally outlaws unauthorized games[1], draws[2] and gambling[3]. However the Minister of Finance is empowered to authorize certain types of sweepstakes/draws. In accordance to these powers, he permitted certain types of draws, via an Announcement of a General License to Conduct Draws for Commercial Advertising/Promotion. Participation in these licensed draws is triggered by purchasing the goods and/or services, not by purchasing participation tickets. The sale of gambling or draw participation tickets to minors is punishable by a six (6) months imprisonment term.

Marketing by means of competitions is quite common in Israel. Competitions are allowed, provided the outcome of the competition is more dependent on skill than on luck. These competitions are often targeted at entrants who are minors. Since contracts with minors may be cancelled in certain situations, competition promoters should demand parental/guardian consent in the event of a minor entrant.

Marketing techniques, such as competitions and various types of promotions, require the personal details of the targeted consumers. For example, when entering a competition, the entrant will usually be requested to fill in an entrant form which includes the entrant’s personal details. In addition to the usual data protection requirements, it is prohibited to use a minor’s personal details in advertisements or for marketing purposes, without consent of the minor’s parent or guardian. Further, it is prohibited to use individuals’ personal details for marketing purposes if the details were provided by a minor.

Participation of minors in advertisements

Children, under the age of 15 often appear as actors in advertisements. Pursuant to the Youth Employment Regulations (Employing Children in Shows or Advertisements) 1991, there are many technicalities, demands and prohibitions of which advertisers should be aware of.

In order for a child to appear in an advertisement, the advertiser must obtain a permit from the Minister of Employment. The advertisement may not contain violence, nudity or sexual innuendo, racial contents, encouragement of drug use, alcohol, tobacco products, participation in gambling and risk taking.

Conclusion

When marketing and advertising to young consumers, one must bear in mind the CPL and its derived CPR – Advertisements and Marketing Methods Targeted at Minors. While some relevant laws explicitly incorporate the CPL and CPR – Advertisements and Marketing Methods Targeted at Minors, others incorporate their gist.

The general purpose of the CPL is to prevent misrepresentation and misleading consumers. Young consumers are more susceptible to misrepresentation and easily mislead. Thus, the CPR – Advertisements and Marketing Methods Targeted at Minors, amplifies the CPL’s prohibitions and restrictions designed to prevent the misleading of consumers.

Minors are easily influenced. Therefore, the different laws and regulations prohibit marketing and advertising in a fashion which may induce minors to harm themselves and others. Thus, goods such as alcohol and tobacco are outlawed in relation to minors.

Disclaimer

This article is for general information purposes only. It does not substitute legal advice. Full legal advice should be obtained from qualified advocates when dealing with advertising and marketing issues.

Defined as a “game in which one may win money, its equivalent or a benefit due to the results of a game, and the results are more dependant on luck than on understanding or capability”.

Defined as “any arrangement whereby the draw of fate or other means, one can win money, its equivalent or a benefit, and the winning is more dependant on fate than on understanding or capability”.

Defined as “any arrangement whereby one can win money, its equivalent or a benefit, and the winning is dependant on guessing, inclusive of a lottery connected to the results of games and sporting events”.

Acknowledgements

Published in conjunction with the Global Advertising Lawyers Alliance (GALA) (www.gala-marketlaw.com). GALA is an alliance of lawyers located throughut the world specializing in advertising law.

David WolbergHeads the Advertising Law and Intellectual Property Department at Kuperschmit, Goldstein & Co., Keffar Netter, Israel.