The BCAP Code reflects the law where appropriate. Rule 5.9 seeks to reflect the requirements of The Consumer Protection from Unfair Trading Regulations 2008 (the CPRs). It prevents advertisements from directly exhorting children to make purchases.
Rule 5.9 appeared to exceed the requirements of the CPRs. It prohibited encouraging children to ask their parents to enquire about a product or service for them. The CPRs prohibit directly exhorting children to persuade their parents to buy a product or service for them. Rule 5.9 imposed a stricter standard than that imposed by the CPRs. European Union law prevents BCAP from maintaining rules which impose stricter or more permissive standards than the CPRs.
After consulting, BCAP decided to amend rule 5.9 to align it with the requirements of the CPRs. BCAP considered it was obliged to make these changes by law. The rule was amended in the following way:
Pre-consultation rule:Advertisements must neither directly exhort children to buy a product or service nor encourage them to ask their parents, guardians or other persons to buy or enquire about a product or service for them.
Advertisements must not include a direct exhortation to children to buy or hire a product or service or to persuade their parents, guardians or other persons to buy or hire a product or service for them.
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