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An analysis of Canadian legislation on television advertising directed at children Yeung, Rosanna Che-Yuen 1974

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AN ANALYSIS UF CANADIAN L E G I S L A T I O N ON TELEVISION ADVERTISING DIRECTED AT CHILDREN by ROSANNA CHE - YUEN YEUNG B.B.A. University of Oregon, 1972 A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF PASTES OF SCIENCE {BUSINESS ADMINISTRATION) in the Department of COMMERCE We accept t h i s thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA Ap r i l - 1974 In p resent ing t h i s t h e s i s in p a r t i a l f u l f i l m e n t o f the requirements f n r an advanced degree at the U n i v e r s i t y of B r i t i s h Columbia, I agree that the L i b r a r y s h a l l make i t f r e e l y a v a i l a b l e fo r reference and s t u d y . I f u r t h e r agree t h a t permiss ion for ex tens i ve copying of t h i s t h e s i s fo r s c h o l a r l y purposes may be granted by the Head of my Department nr by h i s r e p r e s e n t a t i v e s . It i s understood that copying or p u b l i c a t i o n of t h i s t h e s i s f o r f i n a n c i a l gain s h a l l not be a l lowed without my w r i t t e n p e r m i s s i o n . Department of Cj/Vfi/fKCg The U n i v e r s i t y of B r i t i s h Columbia Vancouver 8, Canada Date ^Pfi/C a.Sr/j J?r# 1 _________ The topic of t h i s thesis i s an analysis of Canadian l e g i s l a t i o n on t e l e v i s i o n advertising directed at children. The purpose i s to present an in-depth analysis of the present l e g i s l a t i o n and to discuss the relevance and effects i t has on the advertising industry, the broadcasting industry and society as a whole. This thesis is divided into three parts. The f i r s t i s concerned with a l i t e r a t u r e research of the major empirical studies done i n the f i e l d s of education, psychology and sociology on the e f f e c t s of t e l e v i s i o n on children. The apparent lack of research data on the e f f e c t s of t e l e v i s i o n advertising on children i s a loss but i t i s believed that due to the s i m i l a r i t i e s of variables studied and the close interdependence of t e l e v i s i o n and advertising, i t i s possible to i n f e r from the evidence on e f f e c t s of t e l e v i s i o n on children to the effects of t e l e v i s i o n advertising on c h i l d r e n . The inference forms the major background material upon which the analysis i s made. The second part i s a discussion of l e g i s l a t i o n c o n t r o l l i n g advertising i n general and whether i t i s adequate i n providing protection to children. The t h i r d part i s devoted to a discussion of the two provisions that deal s p e c i f i c a l l y with the control of advertising directed at children, the Consumer Protection Act of Quebec and the Broadcast Code for Advertising to Children, to ascertain whether these are successful in granting the desired protection to children from objectionable advertising and whether t h i s has been done adequately and relevantly. It i s found that children devote more time to watching t e l e v i s i o n than to any other a c t i v i t y ; that they are highly imita t i v e , especially of people they can i d e n t i f y with; that they are curious about almost everything and are most w i l l i n g and ready to try out what they learn; that they are g u l l i b l e and credulous and they do not interact the same way with t e l e v i s i o n as with t h e i r parents, indicating that parental guidance and opinions are important deciding factors i n t h e i r behavior patterns. While adults are usually defensive about advertising and l e g i s l a t i o n c o n t r o l l i n g advertising also takes into account our tendency to expect and condone a certain degree of puffery from advertisers, children in general lack the commercial knowledge and s o p h i s t i c a t i o n of cognitive development to acguire t h i s defensive i n s t i n c t and their simple mindedness and c r e d u l i t y make them 'preys' to advertisers. The standards of regulation of advertising directed at children are therefore necessarily higher than those used i n general. There i s no doubt that objective and v e r i f i a b l e standards of regulation are necessary. However, the tendency of present l e g i s l a t i o n to police opinions and values presented in advertising i s dangerous. What we need i n t h i s society i s a Hi balanced presentation of everything and advertisement. being a r e f l e c t o r of society's values, should r e f l e c t a l l i n a t r u t h f u l ma nne r. TABLE OF CONTENTS I introduction .....pp.1 Chapter 1 - Summary of Research Studies ....... pp.6 Chapter 2 - Summary of L e g i s l a t i o n ....pp.28 Chapter 3 - Analysis of Le g i s l a t i o n Misleading Advertising ...pp.69 Chapter 4 - Analysis of L e g i s l a t i o n Safety and Product Acceptability ......pp.76 Chapter.5 Analysis of Le g i s l a t i o n S o c i a l i z a t i o n .....pp.93 Chapter 6 - Conclusion .pp.91 Footnotes pp. 107 Selected Bibliography ...pp.116 Appendices .....pp.125 1 INTRODUCTION H i s t o r i a n s t e l l us t h a t man and w i t h him t h e s o c i e t y has changed over t h e l a s t q u a r t e r of a c e n t u r y . R e s e a r c h e r s have been u n s u c c e s s f u l i n t r y i n g to determine e x a c t l y what has brough t about t h e s e changes. However, t h e r e seems t o be l i t t l e doubt o f t h e d r a m a t i c e f f e c t s of the advent of t e l e c o m m u n i c a t i o n . M a r s h a l l McLuhan c l a i m e d t h a t the c i v i l i z a t i o n of man took a major s t e p when t h e p r i n t i n g p r e s s came i n t o e x i s t e n c e . A f t e r the Gutenberg R e v o l u t i o n , and w i t h t h e dominance of e l e c t r o n i c media i n s o c i e t y , an e q u a l l y f a r -r e a c h i n g r e v o l u t i o n i s now t a k i n g p l a c e . Technology and i n d u s t r i a l i z a t i o n b r i n g t o a s o c i e t y unfathomable changes t r a n s c e n d i n g t h o s e of pure m a t e r i a l i s t i c and s u p e r f i c i a l i m p o r t a n c e . The D i r e c t o r - G e n e r a l o f t h e I . I . C . has p o i n t e d out : S u c c e s s f u l i n d u s t r i a l i z a t i o n ..... i m p l i e s a s o c i a l r e v o l u t i o n . To s e t up i n d u s t r y and i n t r o d u c e new t e c h n o l o g y i s not o n l y a matter of a c q u i r i n g c a p i t a l and a knolwledge of t e c h n i q u e s . Modern i n d u s t r y c a l l s i n t o b e i n g i t s own k i n d of s o c i e t y .... I t (techn o l o g y ) f u n c t i o n s a t a d i f f e r e n t pace , and makes people o r g a n i z e t h e i r l i v e s i n a d i f f e r e n t way ; i t c h a l l e n g e s o l d v a l u e s , i t c r e a t e s new v a l u e s . T h i s s o c i a l t r a n s f o r m a t i o n which must accompany i n d u s t r i a l i z a t i o n a f f e c t s i n d e e d , a man's whole view o f meaning and purpose of l i f e and o f h i s r e l a t i o n s t o h i s f e l l o w man. 1 B e f o r e r a d i o and t e l e v i s i o n , b e f o r e photography and motion p i c t u r e s , most of the c o n c e p t s o f i n d i v i d u a l s were shaped by 2 v i s u a l and aural perception and touch d i r e c t l y from the evironment. 2 We saw what our eyes saw , heard what our ears heard , sensed what our bodies touched. Then , man's concept of r e a l i t y derived d i r e c t l y from his environment. Today , we s t i l l maintain our autonomy over a l l our senses. But r e a l i t y no longer reaches our senses d i r e c t l y . I t has to pass through facades and f i l t e r s . I t i s edited. The ele c t r o n i c media bring to each of us comfortably couched i n our own l i v i n g rooms an expanded environment of reproduction. There i s seemingly no l i m i t to t h i s environment or the events within i t which can be conveyed to man's perception. 3 Today an average c h i l d spends more time watching t e l e v i s i o n than an average student spends i n four f u l l years i n his classroom i n a L i b e r a l arts College.* Television i s the most penetrating medium that reaches the c h i l d . We do not r e a l l y know what i t i s doing to him. Today a seven year old points to his luncheon companions and taunts : "You are eating chemicals A fourth - grader celebrated Earth Day 1970 by writing : "In 1985 the day got older. The sun got darker and was old. The people were dying , l i t t l e by l i t t l e . I was scared to death. One day I coughed and coughed. Then I d i e d . " 5 Whether these remarks are t y p i c a l of the American children or not , (or the Canadian , for that matter ) one i s appalled by 3 the cynicism , the skepticism , the fear , and the d i s t r u s t placed i n the future and the wisdom envisioned i n them. These children are questioning every formerly stable area of l i f e . The family no longer functions as the value center for the growing c h i l d . Whatever i s missing , i s gone , perhaps forever. There i s just not enough i n our modern urban society to give back to the c h i l d what i s l o s t - a world in which he can grow as a c h i l d . The t e l e v i s i o n i s his ' t h i r d parent 1. The environment in which he l i v e s i s that which the broadcasters and advertisers offer to him. The world to which he adapts , the world i n which his emotions and his brain are l a r g e l y shaped i s the world which t e l e v i s i o n selects and brings to him. In a c h i l d - centered society such as ours , we are concerned about what kind of adults 'they ' are making our children to be. We are alarmed at the early exposure of our children to most of our vices , whims and weaknesses as portrayed by the medium. We make constant demand on the l e g i s l a t o r s of t h i s country to curb the irresponsible influence which the advertisers have on our children. The r e s u l t i s a trend towards stringent control over t h i s p a r t i c u l a r aspect of our technological world . An analysis of the present Canadian Statutes and Regulations r e l a t i n g to advertising to children w i l l be presented i n t h i s paper. The emphasis i s not on the meaning or administration of the law , but on ho.__f ar _th§ l g g i s l a t i g n c a n go in the c o n t r o l l i n g of such advertising 4 Results of research studies on the e f f e c t s of t e l e v i s i o n on children over the decades undoubtedly lead to the enactment of most of the present l e g i s l a t i v e provisions i n this area. An analysis of the l e g i s l a t i o n concerning advertising directed at children w i l l not be complete without a glance at these empirical studies. The f i r s t part of th i s paper i s therefore devoted to an inventory of most of the studies done i n the years 1953 to 1973. Although the statutes studied i n th i s paper deal with advertising and children , most of the studies cited are concerned wtih t e l e v i s i o n and children. This i s a re s u l t of the lack of empirical data on the ef f e c t s of t e l e v i s i o n advertising on children. However , the s i m i l a r i t i e s of the esse n t i a l variables studied and the interdependence of t e l e v i s i o n and advertising enable one to make some i n t e l l i g e n t inferences from studies on effects of t e l e v i s i o n on children to effects of advertising on ch i l d r e n . The second part of t h i s paper w i l l be devoted to a survey of the present l e g i s l a t i o n aimed at co n t r o l l i n g advertising in general. As there i s a trend towards a separate l e g i s l a t i o n concerning advertising directed at children , i t would be hel p f u l to analyse whether the present l e g i s l a t i o n i n general i s adequate i n providing protection to children. The t h i r d part of t h i s paper w i l l be devoted to an analysis of the present l e g i s l a t i o n which i s directed at c o n t r o l l i n g advertising for children s p e c i f i c a l l y and a discussion of how 5 these provisions try to deal with issues not amply dealt with by other statutes . & f i n a l word on the alternatives available to the Canadian l e g i s l a t i v e bodies w i l l be made i n the f i n a l chapter of t h i s paper. 6 _________ When t e l e v i s i o n f i r s t came int o prominence i n the early f i f t i e s , researchers , most of them from the f i e l d of education, were concerned about the e f f e c t s of t e l e v i s i o n on the physical well being of the c h i l d . There were studies on the e f f e c t s on eyesight , passivity of the c h i l d , the way he spends his l e i s u r e time, his re l a t i o n s h i p with his family and his peer-group, the e f f e c t s on his school work and so on. Later researchers are more interested i n the effects of t e l e v i s i o n on the c h i l d ' s out - look on l i f e , on his s o c i a l and moral values, on his i n t e l l e c t u r a 1 and personality development. The most comprehensive and extensive studies were made by Himmelweit , Oppenheim and Pamela Vince (1958) ; and that of Schramm , Edwin S Parker (1961). 1 Other minor studies and essays mostly emphasize s p e c i f i c issues brought to l i g h t by these two studies. In t h i s chapter , a summary of the research done i n the two decades from 1950 to 1973 w i l l be presented . EII_ICAL_E_F_CTS__F_TEL__ISI__ Host studies do not confirm the idea that t e l e v i s i o n -watching causes eye - s t r a i n i f children view under proper conditions and guidance. 2 There i s l i t t l e evidence of serious loss of sleep or energy as a res u l t of t e l e v i s i o n . 3 Average sleeping time i s about 15 minutes l a t e r in homes with t e l e v i s i o n . 4 7 When children have t e l e v i s i o n available , they do make a phenomenal amount of use of i t . In the United States , where the most extensive measurements of viewing by children of d i f f e r e n t ages have been made , i t i s estimated that a c h i l d of three i s already averaging about 45 minutes a day on t e l e v i s i o n viewing. By the time he i s f i v e or six , he w i l l be spending about two hours a day i n front of the t e l e v i s i o n set. The amount of time spent slowly increases and a r r i v e s at a peak at about twelve , when the time spent i s about three hours a day. Television viewing tends to diminish i n high - school years. s The pattern i s somewhat si m i l a r i n both England and Western Europe , except the time spent on the whole i s probably less when compared with the United States. 6 Television viewing obviously dominates the l e i s u r e time of children. They most often have to choose between t e l e v i s i o n and other forms of a c t i v i t i e s . The a c t i v i t i e s most readily s a c r i f i c e d are those which s a t i s f y the same needs as t e l e v i s i o n , but probably less e f f e c t i v e l y . For example, children w i l l spend les s time on cinema-going, on comic books reading, magazine-f i c t i o n reading and radio - l i s t e n i n g . But newspaper and non -f i c t i o n reading are hardly less because they tend to s a t i s f y d i f f e r e n t needs than t e l e v i s i o n . According to Dr. Himmelweit's findings : 1 . There i s consequent reduction of lei s u r e i t s e l f as 8 children's l i v e s become more crowded. 2. When there i s t e l e v i s i o n , functionally s i m i l a r a c t i v i t i e s w i l l be replaced, where fu n c t i o n a l l y d i f f e r e n t ones w i l l not. 3. Certain a c t i v i t i e s w i l l be transformed in function, (eg. from drama to popular music l i s t e n i n g on radio) . 4. Marginal or unorganized a c t i v i t i e s w i l l be replaced before purposeful or organized ones. 8 G E _ E R _ L _ 0 Japanese children spend about 14 minutes less cn t h e i r homework when they have t e l e v i s i o n at home ; while Canadian children spend also less time , the difference betweeen viewers and non - viewers i s not s i g n i f i c i a n t . 9 Children can undoubtedly learn from t e l e v i s i o n , but viewing takes time and some of i t might be spent on books or other sources of information. Most of the researchers suggest that t e l e v i s i o n proves to be neither a hindrance nor a help as f a r as general knowledge i s concerned , except that for the r e a l l y young (who may not be able to read as yet ) , t e l e v i s i o n proves to be an advantage. For these children , t e l e v i s i o n provides information i n the form most suited to them, being in dramatic and v i s u a l form. However , most of the learning in these years i s i n c i d e n t a l increment from fantasy programmes. It sends the bright and th vocabularies one grade higher than non -l 9 viewers. With more years of viewing to their c r e d i t , due to repetitiveness and the low i n t e l l e c t u a l value, any i n i t i a l lead soon disappears. 1 o Schramm et a l did f i n d that gratomer school children are on the whole less knowledgeable than the control group (those without t e l e v i s i o n at home) because t e l e v i s i o n viewing takes them away from other sources of information, such as radio and newspapers. For children with t e l e v i s i o n at home , there seems to be no impairment i n school work. Coff i n did find that greater parental control and shorter viewing time tend to be found among children with higher IQ. 1 1 There i s no s i g n i f i c a n t difference between viewers and non-viewers i n : a. Children's subjective assessments of tiredness i n the morning ; b. Ratings by class teachers of each c h i l d ' s concentration ; c. Children's interest in school or school s o c i e t i e s ; d. Frequency with which they took part i n extra c u r r i c u l a r a c t i v i t i e s ; e. Attitude to school and school work as judged by t e a c h e r s . 1 2 Children may be more knowledgeable on some general topics , such as entertainment and popular music , than non - viewers. Since viewing takes them away from other sources of information 10 generally , t h e i r information input may be unbalanced. The f a c t that viewers are not necessarily i n f e r i o r i n t h e i r school performance , even though viewing takes up much of their time , may be explained by t e l e v i s i o n being constantly used as an encouragement incentive or means of punishment. Children may be t o l d to f i n i s h t h e i r school work before switching on the t e l e v i s i o n at home. I t can be said that • t e l e v i s i o n children ' are quite well adapted to the dilemma of t e l e v i s i o n viewing and the pressure f o r sat i s f a c t o r y school work performance. Children, once they s t a r t viewing, c e r t a i n l y read less than before. By how much depends on the type of c h i l d and how long he has been viewing. But as children get used to viewing they gradually revert back to books , so that after a few years the viewers are once again reading as many books as the non viewers , and the d u l l e r children have even increased t h e i r share of reading.* 3 Schramm et a l suggest that t e l e v i s i o n stimulates i n t e r e s t i n reading through i t s s e r i a l dramatisation of books. It also rouses the c h i l d ' s i n t e r e s t and c u r i o s i t y so that he becomes interested in a wider range of books than before. From the research r e s u l t s , i t would seem to suggest that t e l e v i s i o n has a 'novelty' impact on children. But as i t subsides , any 'abnormality' w i l l begin to disappear. It leads 1 1 one to guestion whether the eff e c t s of t e l e v i s i o n on children are long - term ; whether any ef f e c t can be studied i n i t s s i n g u l a r i t y , without regard to other variables at a l l . The c h i l d cannot be viewed as s t a t i c ; he i s developing within himself and i t i s hardly f a i r to study the e f f e c t of t e l e v i s i o n on him without giving c r e d i t to the in t e r n a l development that goes on within him . Television does keep members of a family at home more . But i t does not bind the family any more than t h i s physical sense. Many researchers suggest that mothers tend to use t e l e v i s i o n as a baby - s i t t e r for t h e i r young children. Mothers have often expressed the idea that with t e l e v i s i o n , children can be l e f t to the i r own viewing and thereby making child-care e a s i e r . 1 4 Also i t i s expressed that t e l e v i s i o n viewing keeps the c h i l d more at home and less i n c l i n e d to trouble - making outside the house. It i s also suggested that t e l e v i s i o n viewing reduces peer - group a c t i v i t i e s to a certa i n e x t e n t . 1 5 What i s the appeal of t e l e v i s i o n to children ? For one thing , i t i s convenient and easy to use. when researchers go deeper into the psychological reasons behind i t , i t always ends up something very similar to the reasons for going to the 1 2 cinema: the desire to escape from everyday l i f e and the desire to get to know real l i f e better . Himmelweit e t _ a l conclude : " I t gives the chance to be i n the know .... to go behind the scenes ... learning about the world and about people. On the emotional side , t e l e v i s i o n .....offers security and reassurance through the f a m i l i a r format and themes of many of i t s programmes , notably the family s e r i a l s and the Westerns. I t o f f e r s constant change , excitement and suspense. It provides escape from everyday demands with lightheartedness , glamour , and romance , and permits the c h i l d to i d e n t i f y himself with d i f f e r e n t romantic heroes ".»* Schramm e t _ a l also conclude that there are two main reasons: " F i r s t , the obvious reason : the passive pleasure of being entertained , l i v i n g a fantasy , taking part v i c a r i o u s l y in t h r i l l play , i d e n t i f y i n g with exciting and a t t r a c t i v e people , getting away from r e a l l i f e problems and escaping from r e a l l i f e boredom - i n other words , a l l the g r a t i f i c a t i o n that comes from having a superlative means of entertainment i n one's own home , at one's command ...But there i s nevertheless a s i g n i f i c a n t component of information which children also get , usually without seeking , from t e l e v i s i o n The g i r l s say that they learn something about how to wear t h e i r hair , how to 13 walk and speak , how to choose garments for a t a l l or a short or a plump g i r l , by observing the well groomed creatures on t e l e v i s i o n . They learn some d e t a i l s of manners and customs ....Some of the boys say they learn how young men dress i n C a l i f o n i a or New York,.... i t i s more real when you see where i t happens". 1 7 Schramm ______ also suggest another reason for t e l e v i s i o n viewing among the young teens . It provides a s o c i a l u t i l i t y . Teenagers use i t often as a means to get together and i t also provides a common ground for discussion and shared experiences . Maccoby suggests that t e l e v i s i o n viewing i s linked ultimately with the viewer's personality. If he finds one programme intere s t i n g , i t i s because i t s t r i k e s a responsive chord within him - s a t i s f i e s a p a r t i c u l a r need , supplies wanted iinformation , or perhaps offers release from general t e n s i o n . 1 8 In summary, i t would seem that most researchers suggest that children view t e l e v i s i o n as a vehicle to t h e i r fantasy land, to escape from r e a l i t y , to be entertained , to get certain information , and to be s a t i s f i e d i n certain needs. For the younger children ( pre - school , for example ) the reason for t e l e v i s i o n viewing i s simply because i t i s there . ________£___I___2_______2 Undoubtedly most researchers are interested i n the content 11 of programmes most o f t e n watched by c h i l d r e n . Japanese r e s e a r c h e r s a n a l y s e d the c o n t e n t of s e v e n t y t e l e v i s i o n programmmes o r i g i n a t i n g i n both Japan and U n i t e d S t a t e s which were th e f a v o r i t e s of Japanese c h i l d r e n . I t was found t h a t a g g r e s s i v e - hero t y p e programmes tended to s t r e s s j u s t i c e , courage and s e l f - c o n f i d e n c e , w h i l e t h e v i l l a i n u s u a l l y employed c r u e l t y , s e l f i s h n e s s and v i o l e n c e . S o c i a l l y d e s i r a b l e c h a r a c t e r i s t i c s such as f a i r n e s s , d i l i g e n c e and good manners were seldom p o r t r a y e d . In t h e s e shows, good i n v a r i a b l y overcame bad, and i n t h e m a j o r i t y of c a s e s s t u d i e d , v i o l e n c e was the means t o a c c o m p l i s h j u s t i c e . l ' Greenberg t e s t i f i e d b e f o r e 0. S. Senate Sub - Committee t o I n v e s t i g a t e J u v e n i l e D e l i n q u e n c y t h a t i n more than 200 t e l e v i s i o n programmes he s t u d i e d , a l m o s t t h r e e out o f f i v e problems p r e s e n t e d were s o l v e d by v i o l e n t t a c t i c s , w i t h v e r b a l , p h y s i c a l and m e c h a n i c a l means. 2 1' Head a l s o i n v e s t i g a t e d more than 200 network programmes i n t h e e a r l y 50»s. He found t h a t c r i m e - a g g r e s s i o n i n d e x f o r c h i l d r e n ' s p l a y s were h i g h e r than any o t h e r t y p e s of programmes and found an emphasis on p r o f e s s i o n a l c r i m i n a l s i n these shows. C h a r a c t e r s a l s o o v er - r e p r e s e n t e d t h e middle and upper c l a s s of s o c i e t y . 2 1 Himmelweit e t _ a 1 performed a c o n t e n t a n a l y s i s o f programming a v a i l a b l e t o B r i t i s h c h i l d r e n . He found t h a t i t m o s t l y c o n s i s t e d of p l a y s , p a r t i c u l a r l y Westerns , crime and 15 a d v e n t u r e . I n a t y p i c a l week , 18 p l a y s were shown which d e a l t w i t h some a s p e c t o f law - b r e a k i n g , most of them were shown i n the p r e - 9pm. p e r i o d even though they were o b v i o u s l y d e s i g n e d f o r a d u l t s . The v a l u e s d e p i c t e d were s i m i l a r t o th o s e c i t e d i n t h e Japanese s t u d i e s . D e s p i t e moments of t e n s i o n , v i o l e n c e was d i s g u i s e d t o l o o k remote, to be a game. However , t h e r e seems t o be a g r e a t d e a l o f v a r i a t i o n i n p r e f e r e n c e . Even among c h i l d r e n o f t h e same age , sex and i n t e l l i g e n c e , t h e r e i s a c o n s i d e r a b l e d i f f e r e n c e i n t h e c h o i c e of f a v o r i t e programmes. 2 2 G e n t i l e e t _ a l found t h a t prime - time t e l e v i s i o n programmes f e a t u r e d m a i n l y upper and m i d d l e c l a s s c h a r a c t e r s . l e s s than one i n t e n c h a r a c t e r s were c l a s s i f i e d as working c l a s s and th e s e t y p i c a l l y were p o r t r a y e d as ' c r u d e 1 and ' n e g a t i v e ' i n v a r i o u s r e s p e c t s . 2 3 Abram found t h a t most 8 to 15 year - o l d c h i l d r e n , i n a sample o f 1500, p r e f e r r e d a d u l t t o j u v e n i l e programmes. T h i s tendency was more pronounced f o r working c l a s s c h i l d r e n . 2 4 I n summarizing t h e s e f i n d i n g s and t h o s e not r e p o r t e d here , i t seems t h a t both t e l e v i s i o n programming and the programmes p r e f e r r e d by c h i l d r e n a r e m o s t l y v i o l e n c e - o r i e n t a t e d and p o r t r a y o ver - r e p r e s e n t e d upper and middle c l a s s v a l u e s i n s o c i e t y ; seldom emphasize s o c i a l l y d e s i r a b l e v a l u e s and a l s o t h a t c h i l d r e n p r e f e r a d u l t to j u v e n i l e shows. I t seems t h a t c h i l d r e n seldom f i n d programmes d i r e c t e d a t them s t i m u l a t i n g . I n s t e a d they tend t o l o o k f o r s a t i s f a c t i o n i n a d u l t programmes 16 which are not geared for a c h i l d audience . However, the question whether 'children see what they l i k e ' or ' l i k e what they see' has been raised. Most researchers cannot come to any conclusion. In the Himmelweit et a l study , when there was only one channel available in England at that time , children were faced with the choice of not viewing or viewing some programmes they did not expect to find very i n t e r e s t i n g . They often chose to see that programme and became interested in i t . With more variety cf programmes , they tended to view those they found previously i n t e r e s t i n g . This shows that children's preference i s narrow and conditioned by e a r l i e r experience . DOES TELEVISION_ , M A K E CHILDREH PRSSIVE_? The term 'passivity* i s vague and i t means a l o t of things to d i f f e r e n t people. Schramm e t _ a l claimed that: 1. The assertion that children absorb t e l e v i s i o n l i k e a sponge i s proved to be untenable. 2. There i s no evidence of the view that t e l e v i s i o n viewing leads children to prefer an edited version of l i f e to the r e a l thing. However, Greenberg found that f i f t h and eighth graders believed certain f i l m violence episodes to be ' r e a l i s t i c * . Lower class children are more i n c l i n e d to think t h i s way. 2 5 L e S c i c i t o a l s o claimed t h a t most young viewers see dramatic t e l e v i s i o n programmes as g e n e r a l l y r e a l i s t i c p o r t r a y a l s of the world as i t i s . 2 6 L y l e , Hoffman e t _ a l found the o p p o s i t e i n t h e i r study. 2 7 Maybe there i s no evidence to suggest t h a t young c h i l d r e n do p r e f e r the e d i t e d v e r s i o n of l i f e to r e a l i t y , but i t would not be unreasonable to a s s e r t that f o r younger c h i l d r e n whose mental a b i l i t y i s not yet developed f u l l y , and who tend to f a n t a s i z e at a young age, they may not be able to d i f f e r e n t i a t e between what i s r e a l and what i s f a n t a s y as shown on the t e l e v i s i o n s c r e e n . Experience with r e a l l i f e and age tend to help them to develop some s o r t of a d i s c ount system. A unstable environment i s a l s o a determining f a c t o r i n the c h i l d ' s tendency to b e l i e v e the 'make - b e l i e v e ' world of t e l e v i s i o n . 2 8 Schramm e t _ a l a s s e r t that t e l e v i s i o n viewing l e a d s to l o s s of i n i t i a t i v e and t h a t c h i l d r e n make room f o r viewing by c u t t i n g down on other forms of a c t i v i t i e s . However, b r i g h t e r c h i l d r e n tend to be heavy viewers u n t i l the age of eleven and then t u r n away t o other a c t i v i t i e s , supposedly having g r e a t e r i n t e l l e c t u a l 18 challenge. 4 . T e l e v i s i o n viewing tends to stimulate children's i n t e r e s t in a wider range of subjects . 5. F i n a l l y , there seems to be no difference between viewers and non-viewers i n the i r being rated as 'unusually* or 'moderately' imaginative or 'unimaginative' by the i r teachers. In summary , there i s no great evidence f o r the assertion that t e l e v i s i o n viewing makes a c h i l d passive in a l l of the meanings of the word usually explored. whether a c h i l d ' s imagination i s dulled or not , whether he lacks i n i t i a t i v e or not , whether he i s i n c l i n e d to fantasize a l o t or not , t e l e v i s i o n viewing i s not the sole determining factor involved. I t i s important to take into account each other's own i n t e r n a l development , h i s personality and the environment around him in the determining of the ef f e c t s of t e l e v i s i o n on his well being. we have seen that t e l e v i s i o n o f f e r s a great opportunity for coming into contact with a broad spectrum of experience. We have also seen that one of the reasons children watch t e l e v i s i o n i s to obtain • information ' about l i f e , the world and the style of l i v i n g . Undoubtedly , t e l e v i s i o n ' s * proximity • adds to the dramatic influence i t has on children i n their developing years. For the two and a half decades since i t came into 1 9 prominence , i t has gained the importance of being a major s o c i a l i z a t i o n agent of the c h i l d , i n addition to the family , the school , the church , the peer - group and the community at large. Its proximity probably makes i t as equal , i f not more important , as the family and the school , as an agent in the child»s process of s o c i a l i z a t i o n . Does research evidence bear t h i s out? Do young viewers tend to have values su b s t a n t i a l l y d i f f e r e n t from those of non - viewers? Since t e l e v i s i o n programmes are very much unbalanced i n the l i f e - st y l e and values they portray , do t e l e v i s i o n viewers take on these values more readily than non - viewers ? The answer, according to Schramm e t _ a l i s yes. They found a number of instances where viewers and non-viewers d i f f e r e d in th e i r outlook on l i f e . The young viewers were more ambitious, more middle - class orientated and more in c l i n e d to stress s e l f -confidence as the most important factor i n success. note that a l l these values and outlook on l i f e are being constantly portrayed in t e l e v i s i o n programmes. The young viewers also tended to maker fewer value judgement about foreigners ( maybe as a re s u l t of exposure to programmes about foreign countries ) and they tended to think of foreigners as stereotyped by t e l e v i s i o n . However, when one comes to information about subjects which they can get from other sources, t e l e v i s i o n makes no impact on children. In summary , te l e v i s i o n i s most i n f l u e n t i a l in the process 20 of s o c i a l i z a t i o n when no other sources of information are available to children. This i s the case because , l i k e i t or not , t e l e v i s i o n i s e a s i l y available. By switching on the set by pushing a button , the c h i l d i s exposed to another environment , in t e r e s t i n g and entertaining and capable of a t t r a c t i n g and absorbing attention . Halloran in his book , &ttitude_Formation and_ Attitude Change concluded that the main sources of attitude formation are d i r e c t experience with objects and situations , e x p l i c i t and i m p l i c i t , and learning from others. The t e l e v i s i o n medium aff e c t s the c h i l d ' s s o c i a l i z a t i o n by teaching norms , status and position and i n s t i t u t i o n a l functiongs. He i s also presented with models of behavior and information beyond the c h i l d ' s own immediate experience. However, group and parental influences , the c h i l d ' s personality and his susceptability to persuasion are s t i l l important factors i n s o c i a l i z a t i o n and attitude formation and change. 2 9 It i s only when the family and the school relinguish their r o l e s i n the process of s o c i a l i z a t i o n that the t e l e v i s i o n i s more powerful and probably more dangerous. 3° The r e s p o n s i b i l i t y , i n t h i s respect , reverts back to the parents and not s o l e l y to the broadcasters . 1ILIYISI0N_ ¥ I 0 L E N C E As most content analyses of t e l e v i s i o n programmes point out the f a c t that most of the entertainment a c h i l d sees on 21 t e l e v i s i o n i s violent , special attention has been paid by researchers to the possible e f f e c t s of these violent programmes on the c h i l d . The o r i g i n a l hypothesis was that t e l e v i s i o n violence might r i d the c h i l d v i c a r i o u s l y of frustrated aggression. This was the conclusion of an e a r l i e r study by Feshbach. 3 1 This was also suggested by Maccoby , who claimed that televised violence may reduce f r u s t r a t i o n momentarily , but at a l a t e r time , when the need arises , children who have been exposed to violence on the t e l e v i s i o n screen may resort to aggression and imitate such behavior. 3 2 However, l a t e r experiments do not r e a l l y bear out t h i s hypothesis. If anything , the'opposite i s always the r e s u l t , that t e l e v i s i o n violence tends to build up aggressive behavior. 3 3 The t y p i c a l method used in such experiemnts i s to frustrate a group of children so that they develop a high l e v e l of aggression. Then they are shown a f i l m or a t e l e v i s i o n recording of a drama in which aggressive behavior plays a prominent part . Similar group of children , who have not been frustrated , are shown the same programme. Then the two groups of children are given a chance to show their f r u s t r a t i o n , either by behavior or in a t e s t . The children who were not frustrated ( control ) seem no more aggressive than before. But the group who have been frustrated do not reduce t h e i r 22 f r u s t r a t i o n : i f anything , they have b u i l t i t up. They have always found some ways of expressing i t (eg. h i t t i n g a d o l l ) . Such experiements may have only shown that children l e t out t h e i r aggression on targets as shown on the programme and any generalization beyond the conditions of the experiments may prove to be too broad and dangerous. However , such result i s not e n t i r e l y reassuring , because i t shows that t e l e v i s i o n violence seldom releases f r u s t r a t i o n as suggested by Feshbach , but tends to encourage i t . These experiments do suggest that children tend to imitate what i s shown on the t e l e v i s i o n screen. The question , whether they imitate unquestionably or s e l e c t i v e l y , a r i s e s . I t would seem that the capacity to imitate does not imply performance However , violence on t e l e v i s i o n increases the l i k l i h o o d of aggressive behavior seems to be indisputable . Studies show that the relationship between exposure to t e l e v i s i o n violence and aggressive tendency i s positive . but the c o r r e l a t i o n i s usually of low magnitude ( ranging from a n u l l r elationship as shown in the study of Lefkowitz to a modest range of 0. 17 to 0. 23 i n the study of Mcleod ) . 3 * The low magnitude of c o r r e l a t i o n between t e l e v i s i o n exposure and aggressive behavior tendency leads one to speculate on the variables involved other than that of the medium . Lefkowitz suggests that the tendency to aggressive behavior 23 aft e r t e l e v i s i o n violence exposure i s higher among aggressive boys. Both Greenberg and McLeod claim that the relationship i s higher among g i r l s and junior high school boys. McLeod also suggests that parental a f f e c t i o n i s unrelated to aggression , and so i s parental punishment but there i s a strong negative c o r r e l a t i o n between aggression and exposure and a. Parental emphasis on non - aggression b. Stable family communication pattern There i s also strong evidence suggesting that children imitate more readily the behavior of characters shown on t e l e v i s i o n whom they can i d e n t i f y w i t h . 3 S It has been shown that they tend to be more disturbed i f aggressive acts are directed at children of similar age and s o c i a l background . In sum , the experimental studies bearing on the effects of aggressive t e l e v i s i o n entertainment content on children support indications that : 1. Violence depicted on t e l e v i s i o n can immediately or shortly thereafter induce mimicking or copying by children. But whether imitation w i l l a c t u a l l y be carried out depends on a large spectrum of other variables which include the c h i l d ' s personality , his family's environment and parental values on non - aggression . 2. Under c e r t a i n circumstances , televised violence 24 can i n s t i g a t e an increase i n aggressive acts. The variables c i t e d in (1) above, also operate here. Such conclusion does not of course suggest that televised violence has a uniformly adverse e f f e c t on children nor asserts that i t has an adverse e f f e c t on a majority of children in society. . It would seem that the impact of televised violence can be modified or n u l l i f i e d by parental control , stable family environment and s a t i s f y i n g peer - group rela t i o n s h i p . Dr. Maria Piers , psychologist and Dean of the Erikson I n s t i t u t e for Early Education i n Chicago , speaking i n the annual meeting of the American Association of Psychiatric Services for Children, Inc. i n Chicago i n 1973 said that i t i s not t e l e v i s i o n which makes young people violent , or keeps them from r e l a t i n g to others. I t i s the absence of other ingredients which make for a f u l f i l l i n g l i f e . Palombo , a s o c i a l worker and director of the Child Therapy Programme at the Chicago Institute for Psychoanalysis also said in the same meeting that children do not i n t e r a c t with t e l e v i s i o n the way they interact with t h e i r parents , who are c r u c i a l in the development of the c h i l d ' s conscience , ideals and v a l u e s . 3 6 TELEVISION There are only a handful of research studies on the effects 25 of advertising on children. Ward found that older children are very s k e p t i c a l of t e l e v i s i o n commercials. He asserted that t h i s skepticism i s related to * consumer awareness * formed from the c h i l d ' s experience with advertising generally and with t e l e v i s i o n advertising s p e c i f i c a l l y . He stated that : " I t i s possible to speculate that early experience with questionable t e l e v i s i o n advertising engenders a high degree of cynicism among youthful viewers which may r e f l e c t i t s e l f ultimately in a general sense of d i s t r u s t and a l i e n a t i o n . In contrast , these kinds of early experience may very well be viewed as helping to develop the kind of healthy skepticism that w i l l serve to immunize viewers against propaganda". 3 7 In another paper , Ward also suggested that the understanding of the content and purpose of advertisements increases with age and that children's response to commercials may be related to stages i n th e i r 'cognitive' development. 3 8 He suggested that younger children do not understand the content and purpose of advertisements and can only d i f f e r e n t i a t e programmes and commercials by the fact that the l a t t e r are shorter . In a study conducted for Metropolitan Broadcasting Television by R. H. Bruskin associates , i t was found that young children (age 1 to 12 ) stated t h e i r food preferences i n terms of brands rather than categories and that there i s a high c o r r e l a t i o n between these brands and those advertised on children's programmes. 76 percent of them said that they have asked th e i r parents to buy food or drink products they have seen 2 6 on t e l e v i s i o n . 91 percent of the mothers of these children interviewed said they • on the average ' brought the brands as requested by the i r c h i l d r e n . 3 9 In one study by Berey 8 Pollay , i t was found that c h i l d -centered mothers tended not to buy pre - sweetened cereals f o r their children even when requested by them. 4 0 SUMMARY Summarising a l l the studies discussed in t h i s chapter , i t i s not inconceivable to conclude that : 1. Children usually spend more time watching TV than on any other a c t i v i t y ; 2 . Children are usually l e f t to t h e i r t e l e v i s i o n viewing on their own , unattended by adults or parents ; 3. Children are highly imitative; 4. The tendency to believe the 'make - believe' world of t e l e v i s i o n varies with personality , environment , parental guidance and cognitive development ; 5. Children have great p o t e n t i a l i t i e s to 'learn' from t e l e v i s i o n ; 6. Children usually enjoy adults' programmes . These , coupled with children's susceptability to persuasion , simple mindedness and the i r c r e d u l i t y , make them 27 'prey' to the highly s k i l l e d advertising messages. They , as measures to guard them against which are using them as no more companies involved. , sophisticated and persuasive a group , need protective the bombardment of advertising than s e l l i n g tools f o r the 28 _________ While Canada does not have any federal l e g i s l a t i o n d i r e c t l y dealing with advertising to children, advertisers are subject to broad control as stipulated in federal laws regulating advertising in one form or another. These include the Bank Act,* the Hazardous Products A c t , 2 the National Trade Mark and True Labelling A c t, 3 the Precious Metals Marketing Act,* the T e x t i l e L a b l e l l i n g Act, 5 the Food and Drug Act,* the Trade Marks Act, 7 the Broadcasting A c t , 8 the Consumer Packaging and Labelling Act, 9 and the Combines Investigation Act.*o Over the years since the enactment of these statutes , there have been few reported cases dealing with f a l s e advertising except those brought under the Combines Investigation Act , which undoubtedly i s the most important federal l e g i s l a t i o n i n t h i s area . The Canadian provinces have drafted l i t t l e s i g n i f i c a n t l e g i s l a t i o n dealing with consumers and less with f a l s e advertising. The Consumer Protection Act of Quebec, i s the f i r s t and only pro v i n c i a l statute which contains a section dealing with advertising directed at children. As such, i t r e f l e c t s the trend of s o c i a l consciousness in the l a t e s i x t i e s concerned with the e f f e c t s of t e l e v i s i o n on children , e s p e c i a l l y in the area of advertisements. Most of the other p r o v i n c i a l statutes deal only with consumer c r e d i t , with the Consumer Protection Act of B r i t i s h Columbia going a l i t t l e further to cover the issues of r e f e r r a l s a l e s , 1 1 the rescission 29 of door - to - door t r a n s a c t i o n s , 1 2 and u n s o l i c i t e d c r e d i t cards or goods. 1' However , these p r o v i n c i a l acts are almost universal i n t h e i r lacking any provisions dealing with f a l s e or misleading advertising . Besides federal and p r o v i n c i a l l e g i s l a t i o n , there are also extra - l e g a l organisational codes of advertising standards. These are usually voluntary codes and not mandatory. But because of the extensive membership of these organisations , these codes do provide very s i g n i f i c a n t s e l f - regulatory standards adopted by most advertising p r a c t i t i o n e r s . The most important codes are the Broadcast Code for Advertising to Children of the Canadian Association of Broadcasters and the Canadian Code of Advertising Standards of the Canadian Advertising Advisory Board . In t h i s chapter , a general survey of the federal laws dealing with advertising with s p e c i a l emphasis on the Trade Harks Act , the Food and Drug Act , the Hazardous Products Act , the Broadcasting Act and the Combines Investigation Act ; of the p r o v i n c i a l statutes i n t h i s area , covering the Consumer Protection Act of Quebec,1* the Consumer A f f a i r s Act of A l b e r t a , 1 5 the Consumer Bureau Act of Hew Brunswick, 1 6 the Consumer Protection Act of O n t a r i o 1 7 and the Consumer Protection Act of B r i t i s h Columbia; 1 8 and the extra - l e g a l organization voluntary codes of advertising standards as c i t e d above w i l l be presented. The emphasis i n t h i s chapter i s on the general 30 provisions , the administration , the j u r i s d i c t i o n , the penalties and the remedies involved. Hore detailed analysis of the relevant statutes dealing s o l e l y with advertising directed at children w i l l be discussed in la t e r chapters . As cited above , most of the pr o v i n c i a l statutes in consumer protection tend to deal exclusively with consumer cre d i t and contracts i n general. In the area of advertising , the statutes can be described as •primitive' and i n most cases, the provinces are content to be the administrative bodies of federal l e g i s l a t i o n without enacting any s i g n i f i c a n t regulations on their own i n i t i a t i v e . For example , the Consumer A f f a i r s Act of Alberta merely establishes a Consumer A f f a i r s Bureau without giving i t an act of i t s own to administer. The main duties of t h i s bureau are to receive and investigate complaints of practices that are in v i o l a t i o n of acts for the protection of consumers and to disseminate information to advise consumers. 1 9 Under the Consumer Bureau Act of New Brunswick and the Consumer Protection Act of Ontario , bureaux with similar functions are also e s t a b l i s h e d . 2 0 The Nova Scotia Consumer Services Act establishes a bureau with a more creative and assertive role than those discussed above. I t i s empowered to : 1. to administer Acts designed to protect consumers ; 2. to counsel and advise consumers ; 31 3, to educate consumers on consumer protectuon ; 4. to do research i n the related a r e a . 2 1 Most of the sections i n the p r o v i n c i a l statutes studied i n t h i s paper dealing with advertsing concern the advertising to c r e d i t only. For example , the New Brunswick Act provides : "Where any registered lender makes f a l s e ., misleading or deceptive statements r e l a t i n g to the extension of c r e d i t i n any advertisements , c i r c u l a r , pamphlet or similar material , the Minister may order the immediate cessation of the use of such m a t e r i a l " . 2 2 The Acts of Prince Edward I s l a n d , 2 3 Newfoundland, 2 4 and Nova S c o t i a , 2 S also contain s i m i l a r provisions r e l a t i n g to f a l s e or misleading advertising but only limited to the advertising of the extension of c r e d i t . Disclosure of terms of c r e d i t and cost of borrowing must be made i n the advertisement under the Nova Scotia and Newfoundland A c t s . 2 6 Such a provision i s also set out in the l e g i s l a t i o n of O n t a r i o , 2 7 B r i t i s h Columbia, 2 8 and Manitoba. 2 9 The two most important p r o v i n c i a l statutes which have separate sections dealing with advertising in general are the Consumer Protection Act of Ontario and the Consumer Protection Act of Quebec. 3 0 Section 31 of the Ontario Consumer Protection Act reads as 32 follows : "where i n the opinion of the Registrar , any s e l l e r or buyer or lender i s making f a l s e , misleading or deceptive statements i n any advertisement , c i r c u l a r , pamphlet or si m i l a r material, the Registrar may order the cessation of the use of such material and any such order i s subject to review on appeal i n the same manner as an order respecting r e g i s t r a t i o n made under Part I " 3 1 However , this section i s limited i n scope due to the interpretation of ' s e l l e r * and *buyer' given in an e a r l i e r s e c t i o n . 3 2 It therefore extends coverage to consumers only and does not include advertising directed by manufacturers to wholesalers or r e t a i l e r s or any person who buys goods for the purpose of carrying on his business. The Consumer Protection Act of Quebec was enacted in 1971. Like almost a l l of the other provincial statutes , i t deals extensively with c r e d i t s and contracts. Section 60 of the Act i s concerned with advertising i n a broader context than that of credit and borrowing of money. However , thi s section i s worded vaguely and for p r a c t i c a l purposes, i t i s probably i n s i g n i f i c a n t i n c o n t r o l l i n g f a l s e advertising. This section reads : 33 "Any goods furnished by a merchant must comply with the description of them given i n the contracts and in catalogues , c i r c u l a r s or other means of advertising". The concern i s with truth in advertising , deceptive and misleading advertising. Its major emphasis i s on published and written materials and t e l e v i s i o n advertising, i n most cases, seldom comes within the j u r i s d i c t i o n of t h i s Act. The reason i s that i n t e l e v i s i o n , description and factual information about the product are seldom employed as means of persuasion . In October 1972 , an amendment to the Consumer Protection Act of Quebec was made. A Division XI - A was added and i t represents a major step taken by the l e g i s l a t i v e body of Quebec to control advertising directed at children. There are two separate subsections i n t h i s d i v i s i o n , dealing with two separate offences. In S. 11. 52 , i t i s stated that i t i s an offence to publish , to use or cause to be published or prepare i n Quebec advertising intended for children which i s 'unfair , f a l s e , deceptive or misleading*. 3 4 Nowhere i n t h i s amendment of the Act are the terms 'unfair , f a l s e , deceptive or misleading* definded. As a r e s u l t , t h i s section i s given a very wide interpretation of these terms. Presumably, i t w i l l have to depend on the judges of the courts to decide what i s considered to be unfair, deceptive, f a l s e or misleading. The cases brought to court under the Combines Investigation Act may provide a s i g n i f i c a n t case law reference for this section since the two statutes are worded i n simiar f a s h i o n . 3 S In S. 1 1 . 53 , f i f t e e n s p e c i f i c forms or techniques advertisement directed at children are prohibited by th i s Ac These are advertisement which : a. exaggerates the nature , c h a r a c t e r i s t i c s , performance or length or l i f e of a commodity ; b. de - emphasize the s k i l l , age , strength of dexterity necessary to use a commodity ; c. makes use of superlatives to describe the ch a r a c t e r i s t i c s of a commodity or makes use of diminutives to describe the price thereof ; d. makes use of a comparative claim or establishes a claim ; e. expressly urges children to buy , or to request another person to buy , a commodity ; f. b e l i t t l e s parental authority , judgement cr preferences ; g. portrays reprehensible family l i f e or customs ; h. concerns a product , which , by i t s nature , quality or ordinary usage ought not to be placed at the disposal of children ; i . concerns a drug or a proprietary medicine ; j . concerns a vitamin i n l i q u i d , powdered or tablet form ; 35 k. portrays a person performing any unsafe act ; 1. portrays a commodity in a manner suggestive of improper or dangerous use thereof; m. employs a person or personage known to c h i l d r e n , except i n the case of a professional actor or announcer who i s not featured i n any publication or programme intended f o r children ; n. employs cartoons ; o. suggests that the possession or use of a commodity w i l l endow a c h i l d with physical, s o c i a l or psychological c h a r a c t e r i s t i c s superior to those of his peers , or conversely that the lack of possession or use thereof w i l l have the opposite effect except i f such suggestion , i n so f a r as i t concerns education or health , be true ; p. introduces a commodity in such a context that a c h i l d would be f a l s e l y led to believe that , f o r the price of such commodity , he could obtain a l l the commodities or assessories a d v e r t i s e d . 3 6 As can be seen from the above , this section of the Act s p e l l s out in s p e c i f i c d e t a i l what certa i n types of advertising techniques are deemed to be undesirable and harmful for the children (a c h i l d , as defined i n t h i s Act , i s a person under the age of 13 y e a r s 3 7 ). 36 Loosely , this part of the section can be grouped under f i v e headings : 1. misleading advertising which exploits children's immaturity i n understanding and t h e i r i n a b i l i t y to d i f f e r e n t i a t e between fantasy and r e a l i t y at a young age. (clauses a, b, c, d) 2. advertising which i s considered to be undesirable because i t makes the upbringing of a c h i l d more d i f f i c u l t at home, (clauses e,f,g,o) 3. advertising which i s considered to be undesirable because i t portrays a dangerous act or product deemed to be unsafe for children. (clauses i , j , k, 1) 4. advertising which exploits children's susceptability to persuasion by people they can id e n t i f y with. (clauses m, n, o) 5. advertising which i s considered to be undesirable because i t teaches undesirable s o c i a l values. (clauses o, f , g) This subgrouping may appear to be s u p e r f i c i a l and i n some cases , the clauses i n the Act do overlap. I t does not set out e x p l i c i t l y the c r i t e r i a to determine whether a commercial i s directed at children or not. I t only suggests that the time and context of presentation , the nature and intended purpose of the commodity and the time and place the advertising i s shown have 3 7 to be taken into c o n s i d e r a t i o n . 3 8 In summary , the Consumer Protection Act of Quebec contains the most inter e s t i n g section i n dealing with advertising. This section which controls advertising directed at children appears to be extremely inclusive i n comparison with the one section dealing with advertising i n general. It i s i n t e r e s t i n g to note that a single type of advertising demands so much attention in the l e g i s l a t i o n whereas a greater majority of advertising appears to be more tolerably regulated at the p r o v i n c i a l l e v e l . The only explanation for t h i s i s the f a c t that the federal l e g i s l a t i o n in respect to the l a t t e r appears to be adequate while s t r i c t e r control of the former i s considered to be necessary. Before leaving the Quebec l e g i s l a t i o n , a word has to be said about the administration of the Act. The Consumer Protection Bureau was established i n the Department of Finance , I n s t i t u t i o n s , Companies and Corporations. It deals with receiving and acting on complaints received from consumers. It forms a liason between federal and other pr o v i n c i a l departments and i t educates and informs consumers on matters of consumer a f f a i r s and p r o t e c t i o n . 3 9 The Act also empowers the Attorney -General i n Council to make any regulations to determine standards f o r advertising goods, especially a l l advertising intended for c h i l d r e n . * 0 Summary proceedings under the Act can be brought by the Attorney - Genral.* 1 Besides the p e n a l i t i e s of 38 fines and imprisonment , (in the case of an i n d i v i d u a l , a minimum fine of one hundred d o l l a r s r i s e s to a maximum of $2,000 and/or imprisonment of net more than one year ; i n the case of a corporation , a maximum fine of $2,500 per offence. This appears to be the same in most of the p r o v i n c i a l statutes discussed here ) the Act also provides c i v i l remedies to consumers s u f f e r i n g damages as a r e s u l t of any v i o l a t i o n of the Act.* 2 Summarizing t h i s section on Canadian p r o v i n c i a l statutes dealing with advertising , i t i s f a i r to say that the provisions are almost minimal in most provinces. Ontario and Quebec are the only two provinces that have any provision dealing with advertising i n general other than that of extension cf c r e d i t s and borrowing of money. While Consumer Protection Bureaux established by the statutes are concerned with the administration of Acts designed to protect the consumers , they usually serve as advisory bodies to the public. It would seem that the greatest function such a bureau can perform i s to educate the consumers. Other than the provision i n the Consumer Protection Act of Quebec, where the Attorney - General - i n -Council i s empowered to set up regulations to control advertising standards, the statutes lack such i n i t i a t i v e devices. The c i v i l remedies available to the consumers under the Quebec l e g i s l a t i o n probably give the consumers more incentives to bring complaints to the court. 39 In t h i s section , the federal l e g i s l a t i o n i n the area of co n t r o l l i n g advertising w i l l be discussed. Special emphasis w i l l be made on the Trade Marks Act , the Food and Drug Act , the Hazardous Products Act , the Broadcasting Act and the Combines Investigation Act. ___________________ Section 7 of the Trade Harks Act provides that ; 7 . No person s h a l l a. make a false or misleading statement tending to dis c r e d i t the business , wares or services of a competitor ; b. direct public attention to his wares , services or business i n such a way as to cause or l i k e l y to cause confusion i n Canada , at the time he commenced so to direct attention to them , between his wares , services or business of another ; c. pass off other wares , services as those ordered or requested ; d. make use , in association with wares or services , of any description that i s to mislead the public as to 1. the character, q u a l i t y , quantity or composition ; 2. the geographical o r i g i n 40 3. the mode of the manufacture , production or performance of such wares or services or e. do any act or adopt any other business practice contrary to an honest i n d u s t r i a l or commercial usage i n Canada. 4 3 The Act deals mostly with f a l s e and misleading information i n advertising. Section 7 (a) has i t s ori g i n i n common law tort of i n j u r i o u s falsehood but i t s provision i s narrower than that of the Combines Investigation Act. In t h i s section, competitors* wares or business have to be discredited by the misleading advertising , while in the Combines Investigation Act (Section 37) detriment to cmpetitors need not be proven at a l l . Therefore , i f competitors have suffered damages , i t would be wiser to bring action under the Trade Marks Act under which the court has greater power to grant r e l i e f . 4 * Most of the cases l i t i g a t e d under the Trade Marks Act so f a r have been brought under Subsections 7(b) and 7(c). Violatio n of 7 (b) includes packaging 4 3 and the action i s maintainable against any kind of b u s i n e s s 4 6 and not merely businesses of the same general character. As far as Subsection 7 (c) i s concerned , i t was held by the Supreme Court of B r i t i s h Columbia that the passing o f f test i s not whether the buyer has been misled by the packaging but whether a buyer of reasonable apprehension and eyesight would i n fact be deceived. 4 7 The pinc i p l e of 'reasonable man* therefore applies here. 41 Under Subsection 7 (d) misleading description of certain s p e c i f i c things about a product i s prohibited. These are the quality , quantity , composition , character , mode of manufacturing , and the geographical o r i g i n of the product or service. As such , t h i s subsection i s limited and of l i t t l e s i g n i f i c a n c e in taking action against modern advertising techniques which go beyond the mere description of a product and hinge more on the psychological e f f e c t produced on the public. Subsection 7(e) covers everything and i s l e f t wide open to the interpretation of the court. Few cases have been l i t i g a t e d so far under t h i s subsection. The Trade Marks Act t h i s provides quite an alternative to the Combines Investigation Act especially i n respect to the greater r e l i e f power granted to the court under the Act.* 8 The_Food_and_Drua_Act Like most of the federal provisions i n the area of c o n t r o l l i n g advertising , the Food and Drug Act tends to overlap with the Combines Investigation Act . Section 9(1) of the Food and Drug Act provides that : "No person s h a l l l a b e l , package , treat , process , s e l l or advertise any drug i n a manner that i s fal s e , misleading or deceptive or i s l i k e l y to create an § £ £ 2 £ § 2 J 2 S_im£ression regarding i t s character , value , 42 quantity , composition , merit or safety".** Section 10(1) provides that : "where a standard has been prescribed f o r a drug no person s h a l l l a b e l , package , s e l l or advertise any substance i n such a manner that i t i s l i k e l y to be mistaken for such a drug , unless the substance complies with the prescribed standard". 5 0 The same provisions for food are set out i n Section 5 and Section 6 r e s p e c t i v e l y . 5 * This i s administered by the Food Div i s i o n of the Standards Branch which c a r r i e s out constant review of advertising i n the broadcasting media. The one s i g n i f i c a n t difference in administration from that of the Combines Investigation Act i s that warnincjs are usually given to the advertiser about his wrong doings prior to presecutions. In t h i s respect , close cooperation between the Consumer and Corporate A f f a i r s Department and industry brings about greater compliance under the Act and regulations. One example i s the Department's guide for manufacturers and advertisers i n 1961. I t set out c e r t a i n guidelines suggested by the Department. The use of comparatives such as 'better* or 'richer' without qualifying words are advised against. Where geographical terms are used , the products should be l a b e l l e d in such a way so as to remove deception (for example , 'home-made' i s objectionable while the term 'home-made-style* i s a l l r i g h t ) . The use of scare techniques i s also advised against. It i s important to note that under Section 9(1) of the Act, the public need not be deceived to have actions brought under the Act, but an erroneous impression i s enough. _a__H___RDOUS The Hazardous Products Act r e s t r i c t s advertising of certai n products rather than merely prohibiting misleading advertising i n g e n e r a l . 5 2 I t prohibits the advertising of such things as furni t u r e and other a r t i c l e s intended for children which are coated with paint containing harmful amounts of lead , varnishes and paints and paint removers for household use which are highly inflammable and also j e g u i r i t y beans or any substance or a r t i c l e (such as toys or jewelry) made with such poisonous beans. Under th i s Act , advertising includes any form of representation by any means for the promotion of sale or use of such products d i r e c t l y or i n d i r e c t l y . Both the Food and Drug Act and the Hazardous Products Act are concerned about the •safety' of the public directed at by any form of advertising. The Broadcasting Act and the Regulations thereto s 3 The Broadcasting Act and the Regulations thereto are mostly concerned with the taste and techniques used i n advertising. Emphasis i s on prevention rather than prosecution. Preclearance with the Canadian-Radio-Television-Commission ensures voluntary compliance and guidelines are usually issued from the Commission to broadcasters, advertisers and manufacturers. V i o l a t i o n of the Act and Regulations w i l l make the parties involved l i a b l e to be prosecuted under the Act and i n the case of broadcasters, their licences w i l l be revoked. The most controversial subject dealt with by the Regulations i s i n the area of a l c o h o l i c beverages advertising. The federal government, through the C.R.T.C. has j u r i s d i c t i o n over : 1. whether or not liquor advertisement w i l l be allowed access to the broadcast media; 2. and control over a. the content of the liquor advertisement; b. the type of a l c o h o l i c beverages which may be advertised; c. good taste i n presentation; d. the amount of advertising which w i l l be permitted for a l c o h o l i c beverages. The provincial government has e s s e n t i a l l y the same power as the federal government with the exception that i t has control over both the amount of advertising shown and the time such advertising be aired. 45 The policy followed by the Canadian-Badio-Television-Commission i s that advertising should not be designed to promote the general use of beer or wine. Only the promotion of brand name preference i s allowed. Alcoholic beverages advertising should only be directed at those who are l e g a l l y e n t i t l e d to consume and who i n fact do consume (ie. advertising should not persuade non-drinkers to drink). Advertising which i s designed or created to establish to show or i n f e r that the consumption of beer or wine i s a necessary or desirable part of any s o c i a l a c t i v i t y w i l l not be approved. Any attempt to establish the product as a status symbol or a necessity for the enjoyment of l i f e or an escape from l i f e ' s problems w i l l not be permitted. 5* The above policy guidelines deal with the general 'undesirable 1 s o c i a l values attached to drinking. Further , the following regulations relate to the s p e c i f i c techniques and means of persuasion used i n al c o h o l i c beverages advertising : Advertising should not : a. show the product , except , i n c i d e n t a l l y in describing the manufacturing process ; b. show family or other scenes which include minors or persons who appear to be minors ; c. show glasses, bottles or cans except that these may be shown in sequences of cartoon animation or puffetry; d. show cartoon animation or puppetry ; e. show persons engaged in a c t i v i t y in which the 46 consumption of alcohol i s prohibited, consumption of alcohol i s prohibited, either prior to or during such a c t i v i t y (eg. drinking while driving a motor car). The above discussion of the regulations concerning the advertising of alcoholic beverages i s an attempt to show the power of the C. R. T. C. in the c o n t r o l l i n g of advertising in general. Unlike other provisions, both federal and p r o v i n c i a l , these regulations tend to lay more emphasis on good taste and technigues of presentation. Preclearance with the Commission i s he l p f u l in ensuring voluntary compliance but the task of the Commission i s therefore phenomenal. However , such regulations more or less amount to s e l f - regulations of the broadcasting industry and , together with the cede of standards adopted by advertisers , prove to be useful i n r e l i e v i n g the burden of the federal agencies in p o l i c i n g objectionable advertising. lli®_£2SMliS§_illvesti5ation_A^t The Combines Investigation Act , in the area of c o n t r o l l i n g fa l s e advertising, i s the most extensive and s i g n i f i c a n t of a l l , encompassing the advertising of a l l goods in a l l media and by almost a l l means. Due to the imminence of the passing of B i l l C -227 in the House of Commons ,the relevant amendments to the present Act w i l l also be discussed i n t h i s sectin. 47 The provisions concerning f a l s e advertising are set out in Section 36 and Section 37 of the Act . Section 37 creates an indictable offence whenever an advertisement i s published which contains a statement purporting to be a statement of f a c t but which i s misleading , deceptive or untrue or i s i n t e n t i o n a l l y so worded or arranged that i t i s misleading or deceptive. Section 37 (4) creates a summary offence i n the case of inadeguate or improper te s t i n g of anything about which a statement or guarantee of the performance , ef f i c a c y or length of l i f e i s made i n an advertisement. Section 36 creates a summary offence in the case of any material representation to the public concerning the price at which any a r t i c l e has been , i s or w i l l be o r d i n a r i l y sold. The actual text of these sections i s : 36 (1) Everyone who , for the purpose of promoting the sale or use of an a r t i c l e , makes any material misleading representation to the public , by any means whatever , concerning the price at which such or l i k e a r t i c l e s , have been , are , or w i l l be o r d i n a r i l y sold , i s g u i l t y of an offence punishable on summary conviction (2) Subsection (1) does not apply to a person who publishes an advertisement that he accepts i n good f a i t h for publication i n the ordinary course of h i s business. 37 (1) Everyone who publishes or causes to be published an advertisement containing a statement that purports to be a statement of fact but that i s untrue , deceptive or misleading or i s i n t e n t i o n a l l y so worded or arranged that i t i s deceptive , or misleading , i s g u i l t y of an in d i c t a b l e offence and i s l i a b l e to imprisonment for f i v e years , i f the advertisement i s published a. to promote , d i r e c t l y or i n d i r e c t l y , the sale or disposal of property or any interest therein , or b. to promote a business or commercial i n t e r e s t . Everyone who publishes or causes to be published i n an advertisement a statement or guarantee of the performance , e f f i c a c y or length of l i f e of anything that i s not based upon an adequate and proper test of that thing , the proof of which l i e s upon the accused, i s , i f the advertisement i s published to promote, d i r e c t l y or i n d i r e c t l y , the sale or disposal of such thing, g u i l t y of an offence punishable on summary conviction; Subsections (1) and (2) do not apply to a person who publishes an advertisement that he accepts in good f a i t h for publication in the ordinary course of h i s business. For the purpose of subsection (2) , a test that 49 i s made by the National Research Council of Canada or by any other public department i s an adequate and proper test , but no reference s h a l l be made in an advertisement to indicate that a test has been made by the National Research Council or the other public department unless the advertisement has , before publication , been approved and permission to publish i t has been given in writing by the president of the National Research Council or by the deputy head of the public department , as the case may be. (5) Nothing in Subsection (4) s h a l l be deemed to exclude , f o r the purpose of thi s section , any other adequate or proper t e s t . 5 5 Section 36 deals with price advertising. The reason for the i n s e r t i o n of this provision has been stated by Kr. David Henry , the then Director of Investigaton and Research , in the following terms : "This provision was inserted a f t e r the Combines Investigation Branch had a number of cases brought to i t s attention where a vendor , i n order to make i t appear that the price at which he was offering an a r t i c l e was more favorable than was actually the case , misrepresented the price at which the a r t i c l e was o r d i n a r i l y sold at the market generally. Besides being dishonest and l i k e l y to misle the buying public , t h i s kind of t a c t i c s was regarded as unfair as a 50 basis of competition". 5 6 Also , the intention of the section i s c l e a r l y not to i n h i b i t price competition , but "merely to protect the public from being misled as to the extent of the bagain advertised when reli a n c e i s placed on the word of the s e l l e r as to the ordinary price at which the goods are s o l d " . 5 7 The purpose i s to protect a g u l l i b l e and often stupid public who rely on the good f a i t h of merchandisers , a reliance often misplaced. 5 8 The e s s e n t i a l elements of the offence under t h i s section are : 1 . the representation must be made to the public ; 2. for the purpose of promoting the sale or use of an a r t i c l e ; 3 . concerning the price at which such or l i k e a r t i c l e s have been , are or w i l l be o r d i n a r i l y sold ; U. that the representation must be materially misleading. The f i r s t issue to be discussed i s the element of * to the public*. The court has to determine whether a representation i s made publicly or not and to define the 'extent* of the public to which the representation i s made. I t has been established that any representation made in an 51 establishment which * i s open to the general public* q u a l i f i e s . 5 9 This applies even i f the communication i s made o r a l l y cne person to another; 6 0 and an o f f i c e r attached to the Federal Department of Justice has also been held to be a member of the p u b l i c . 6 1 The f a c t that the representation i s made to an investigator who i s not deceived w i l l not be a bar to prosecution. 6 2 The question * who i s the public* was raised by Judge Beaulne i n the Simpsons - Sears c a s e . 6 3 He said: "I have been referred to a compendium of reported and unreported decisions prepared by the Department and from my reading of a l l these cases , the public was eguated to the consumers or shoppers i n the limited geographical area where the accused store or business was operating , comparable shopping prices i n the limited area were being presented as evidence of the prices at which each of the items in question were o r d i n a r i l y sold. I f I were to interpret public in t h i s r e s t r i c t e d sense , there would be no doubt that the accused should be found g u i l t y ; however, i n the case at bar, the problem i s not so simple". In t h i s case , the presentation involved was made i n the accused company's catalogue which indicated a $20 saving on the ordinary price. The accused had 32 r e t a i l stores in Canada and 355 mail order sales o f f i c e s across the nation. The Judge decided that the ordinary price has to be determined from the entire area where the catalogue was distributed , asserting that the representation was directed not at the r e t a i l store consumers but the catalogue public. The charge was dismissed. 52 The dismissal had f a r reaching e f f e c t since i t suggested that the wider the c i r c l a t i o n of the advertisement , the more d i f f i c u l t i t would be to determine the 'ordinary price' and thus for the Crown to get a conviction. The Crown appealed and Mr. J u s t i c e Doyle of the County Court reversed the e a r l i e r decision. He stated that : "Admittedly , the catalogue i s designed to reach prospective consumers in a l l of Zone 2. The advertisement i s directed to the consumers in Chicoutimi as well as to the consumer i n Ottawa. The Chicoutimi consumer i s not misled by the advertisement as i t would appear to be true that the a r t i c l e i n question sold i n his area for a price of $149.95 or higher. The same advertisement, however, would mislead an Ottawa consumer as the a r t i c l e did not s e l l o r d i n a r i l y for $149.95 or higher". He also continued that : "I am unable to agree with the d e f i n i t i o n of 'public' used by the learned Provncial Judge. The 'extent* of the public i n each case must be limited to each area where the goods are sold and the area would be extended to include ____________ competition would_exist_as_between - the business,establishments.of the p a r t i c u l a r area ". As for the other e s s e n t i a l element of the offence : 'for the purpose of promoting the sale or use of an a r t i c l e ' , i t has never been d i f f i c u l t to get over by the Crown. It has been presumed that any representation made has i t s purpose to pomote the use or sale of the a r t i c l e involved. No other indica t i o n need to be sought other than the publication of the 53 advertisement. 6* This section includes representation by whatever means , not just advertisements. The third issue concerns the price at which such or l i k e a r t i c l e s have been , are or w i l l be o r d i n a r i l y sold. The establishment of the ordinary price i s the most important and most d i f f i c u l t job of the Crown It has been held that the phrase , *have been , are or w i l l be o r d i n a r i l y sold* only creates one offence and not three i n the leading case of Morse Jewellers (Sudbury) L t d . 6 S The Court does not have to determine one s p e c i f i c price with which the competitors in the area comply. But i t has to be proved that the ordinary price against which the bargain price stated i n the advertisement i s compared , i s not cor r e c t l y represented. When , as in the Colgate - Palmolive c a s e , 6 6 no s p e c i f i c ordinary price i s mentioned , the Crown needs only to show that the ordinary price of the a r t i c l e was not higher than the s p e c i a l price stated. The ordinary price i s to be determined by c a l l i n g on witnesses who are doing business i n the area, s e l l i n g the a r t i c l e or l i k e a r t i c l e s to t e s t i f y as to the price at which such are sold during the time period when the representation i s made. The records of the accused w i l l also be examined. The area of business remains to be an important element to be determined. 54 As determined i n the Breck Shampoo case , 6 7 i f 90 % of the sales of the product i n the area were at the s p e c i a l price and 10 % at the 'ordinary price', the special price i s the ordinary price and the advertiser i s deemed to be l i a b l e . Also the use of '172 off/en morns' lab e l over a period of three years resulted i n the establishment of the lower post - cents - off price as the ordinary price ,as decided i n the Products Diament c a s e . 6 8 Further the Court i s not concerned about the value of the a r t i c l e . The f a c t that the merchandize was of the best value at the price was not a defence since the issue dealt with here i s that the public i s misled into believing that the 'bargain' i s better than i t i s . The price i s the f o c a l point , not the value of the product. 6 9 The fact that what was being advertised was the best price available i n the area was also of no concern as indicated in the Advance c a s e . 7 0 Even though the s e l l e r did not make a p r o f i t i n the sales , he was convicted in th Eeamish case. 7 1 The use of words l i k e 'regular p r i c e ' , 'value' , •comparable value' , 'compare to' , 'compared at' , 'save' , ' r e t a i l p rice' , a l l of which are held to be synonymous with •ordinary price' , as the term i s employed in Section 36 of the Combines Investigation Act , w i l l not exclude the section. It was held that there i s no evidence of dishonesty or bad 55 f a i t h on the part of the manufacturers in suggesting the r e t a i l price and the use of the words i s not misleading. 7 2 However i f the price i s brought to the attention of the consumer and used, as a basis of comparison with the price at which the advertiser i s o f f e r i n g the product for sale, there e x i s t s an intention on the part of the s e l l e r to indicate that the consumer i s getting a bargain at a l l , the advertiser i s g u i l t y under this s e c t i o n . 7 3 The l a s t issue to be dealt with i s the words •material representation 1. It has been decided that these words must be accorded th e i r normal meaning since there i s no d e f i n i t i o n set out i n the A c t . 7 * In B.V.Patton's Pace Ltd. Case , the magistrate Carson stated : "...I think the word •material' used here must bear i t s normal meaning and that i s a representation which i s calculated to , and in e f f e c t does , lead a person to a c e r t a i n course of conduct because he believes the information put before him indicates that t h i s would be advantageous to h i m s e l f " . 7 5 A difference of between 5 and 10 % i s s u f f i c i e n t , although the court has not l a i d down a guideline as to this percentage. Under the proposed amendments to the Act (which consolidates the two sections into one section 36) , •services' w i l l also be covered by the Combines Investigation Act. The new Section 36 w i l l also be applied to prices shown on the a r t i c l e i t s e l f , expressed on anything attached to , inserted in or accompanying an a r t i c l e offered f o r sales , or any other forms 56 of advertisement , including direct-mail materials, door-to-door sales, home delivered promotional pamphlets. I t also refers to imported a r t i c l e s or imported displays. Statements made by salesmen on telephone and in the store w i l l also be included. B i l l C - 227 also provides that i t i s an offence to s e l l an a r t i c l e at a price higher than the lowest price indicated on i t by the s e l l e r (ie. double - t i c k e t i n g ) . Also i f any s e l l e r advertises at a bargain price for a product that he does not or cannot supply in reasonable quantities , he i s l i a b l e to be prosecuted. There are two offences created under Section_37 of the Combines Investiation Act. I t i s an offence to publish or cause to be published an advertisement containing a statement which : a. 1. purports to be a §_atement_of_fact 2. but which i s deceptive _ f a l s e or misleadinq_____ b. 1. i s so iB_gSlrJi2.n§--v_-2£_g--2--§-^iB2_:-2. that i s misleading Under the second alternative , where the Crown has to prove beyond reasonable doubt that the advertisement involved i s _£__2__2£ii___ s o worded or arranged to be misleading , l i t i g a t i o n i s d i f f i c u l t . Unless by manipulation of presumpton , these words seem to have l i t t l e e f f e c t . Under the f i r s t alternative , a statement purporting to be a statement of fact v i o l a t e s t h i s section i f such statement i s f a l s e . The statement may be f a c t u a l l y true but i t may contain 57 iS£iiSl£i2H§ that are deceptive or misleading. It i s not what i s said that matters but what i s unsaid that counts. For example , a cigarette company claims that i t s own product has less tar content than i t s leading competitor's product. This i s f a c t u a l l y true , but i t leaves the ilE£§§sion that i t s cigarettes have low tar content , which i s not the case. On a l i s t of 118 cigarette brands , i t ranks midway , with the competitor's two ranks lower. Such advertisement i s considered to be misleading under t h i s Section of the Combines Investigation Act. This leads us to another issue. How much information i s considered necessary and s u f f i c i e n t and s p e c i f i c a l l y , what information should be supplied , given the s i z e and time l i m i t a t i o n s in most advertising promotions? Whatever the c h a r a c t e r i s t i c s of the product advertised , some may be relevant to some people but not to others. Bust everything be disclosed? A common practice i s that advertisers w i l l advertise the general usefulness of a product but f a i l to disclose the l i m i t a t i o n s , as c i t e d i n the case above. The general guideline i s not to go too far in the puffery. I f what the advertiser does not disclose w i l l give the impression of the opposite to what has been disclosed , the provision i n t h i s section has been infr i n g e d . The essence of the offence i s that the advertisement published i s misleading , deceptive or f a l s e . By whose standard 58 are the advertisements to be judged? are they to be judged from the viewpoint of advertisers or consumers? Are the standards of judgement subjective or objective? who , the reasonable man or the slow - witted consumer , requires protection ? The Imperial Tobacco case 7 6 has at least provided some sort of an answer. Mr. Justice S i n c l a i r of the Alberta Supreme Court said that : "the protection of the Act i s for the public - that vast multitude which includes the ignorant , the unthinking and the credulous". 7 7 The 'credulous man* pr i n c i p l e i s now generally used i n the Canadian courts. The defence that any reasonable man w i l l not be fooled by the ads can no longer operate. Dr. Fryburger stated at a Congressional hearing : "There i s the notion that consumers should be able to turn to advertising for the whole truth, for a l l the fa c t s , for a balanced presentation of pros and cons. As commendable as t h i s might be , consumers generally look upon advertising as biased communication. They expect advertising to be one - sided , to e x t o l l only the virtues of their brand, not i t s weaknesses; to promote not threaten. This does not mean that consumers expect to be, nor should they be, shortchanged on useful information. In our competitive system , consumers get information from a variety of sources - eg. s e l l e r s of competing products , consumer information services, and government agencies. They do not need, nor do they r e l y upon single manufacturer's advertising to give them a l l the relevant i n f o r m a t i o n " . 7 8 The court has decided that such argument w i l l not s u f f i c e as a defence at a l l . The 'credulous man' standard therefore provides protection to the ignorant and also to children who lack the a b i l i t y and the sophistication i n consumer knowledge to 59 protect themselves as referred in the Fryburger's testimony. The question of whether 'mens rea* i s required as an ess e n t i a l ingredient of an offence under t h i s section or not has been decided by Hr. Justice Jessup. 7 9 He l a i d down the rule that has since been almost universally followed : ".... that i t i s an offence of s t r i c t l i a b i l i t y and that mens rea ... i s not an ingredient of the offence". His argument was based on the fa c t that an exculpatory clause of the publisher (Subsection 2 of Section 37) would not be necessary i f knowledge i s an ess e n t i a l ingredient of the offence. This does not apply to the second circumstance stated in the section . Although the use of *advertisement• i n t h i s section has not so f a r prevented any prosecution against labels , pamphlets etc. , the proposed amendment to t h i s section substitutes 'representation* f o r 'advertisement' , thus enlarging i t s scope to apply to any form of communication , including the o r a l s e l l i n g messages of salesmen i n the store. Further , under the amendment , anyone who supplies misleading advertising to the di s t r i b u t o r , i s gu i l t y of an offence. Under the proposed amendment, the warranty or guarantee to repair or replace an a r t i c l e i s a misrepresentation i f there i s no prospect of i t being carried out , or i f i t does not confer any material advantage on the consumer or i f i t l i m i t s the l i a b i l i t y of the suppliers to a standard lower than what would be provide by c i v i l law unless i t i s so stated in the warranty 60 or guarantee. Testimonials and guarantees as to the performance or length of l i f e of the product have to be supported by written permission of the one giving the testimonial. The essence of these sections , and i n fact , of the Combines Investigation At, i s that a v i o l a t i o n of the Act i s a criminal offence. The burden i s on the prosecutor to prove beyond reasonable doubt that an offence has been committed. Also the only remedy available i s fine and/or imprisonment of the v i o l a t o r and consumers , who have suffered damages , w i l l have no other r e l i e f . The proposed amendment to the Act as set out i n B i l l C - 227 , introduces a c i v i l action remedy available to consumers. 8 0 The administration of t h i s Act takes the form of complaints and investigation. Complaints are received by the s t a f f of the Director of Investigation annd Research. Investigation can also be i n i a t e d by the Director himself or as the Minister of the Restraint of Trade Commission d i r e c t s . Reports of in v e s t i g a t i o n of v i o l a t i o n s under Section 36 are to be submitted to the Attorney - General within six months. Prosecution i s carried out by the Attorney - General. Fines under Section 37 are generally higher than those under Section 36 and average from $650 to about$3 f000. EXTRA-LEGAL ORGANIZATIONS 61 In Canada , part of the burden of curbing objectionable advertising i s in the hands of two large extra - l e g a l organizations. The f i r s t i s the Canadian Advertising Advisory Board and the second i s the Canadian Association of Broadcasters. The Canadian Advertising Advisory Board , i s probably the most i n f l u e n t i a l , being an a l l - industry body which acts on behalf on the advertising industry in such matters as ethics , government and consumer re l a t i o n s , education research and public i n f o r m a t i o n . 8 1 Its main objectives are : 1. to develop, promote and encourage adherence to approved national advertising standards and practices, including the Canadian_Codg_of_Adyertising_Standards ; 2. to sponsor and support research into advertising, including i t s s o c i a l and economic effects ; 3. to contribute to the continuing improvement of advertising effectiveness by a s s i s t i n g in the development of appropriate educational and t r a i n i n g programmes ; 4. to improve public awareness of the contributions of advertising to Canada's economic and s o c i a l well being; 5. to serve the common i n t e r e s t of the Canadian Advertising Industry. 8 2 The main medium through which the Board receives complaints i s the Canadian Code of Advertising Standards. It was compiled in 1963 and republished i n 1967 a f t e r some revisions. It i s 62 approved i n p r i n c i p l e by a l l of the Coporate Members of the C.A.A.B., and in addition, by the Canadian Eetter Business Bureau Inc. , Association of I n d u s t r i a l Advertisers , the C.B.C. , Canadian weekly Newspaper Association and the Pe r i o d i c a l Press Association. These together represent a major and substantial part of the advertising industry. The Code i s supervised by the Advertising Standards Council (English) and the Conseil des Normes de P u b l i c i t e (French). The purpose of the Code i s , as set out i n the pamphlet : "Through the adoption of the Code of Advertising Standards , the p a r t i c i p a t i n g organizations undertake to apply the highest e t h i c a l standards to the preparation and execution of Canadian advertising. It i s their desire and intention to make advertising more e f f e c t i v e by continuing to rais e the standard of advertising excellence and by ensuring i n t e g r i t y i n advertising content", 8 3 In the actual text of the Code, the section dealing with f a l s e advertising reads as follows : "No advertisement s h a l l be prepared , or be knowingly accepted , which contains f a l s e , misleading , unwarranted or exaggerated claims - either d i r e c t l y or by implication. Advertisers and advertising agencies must be prepared to substantiate their claims". The use of words such as 'unwarranted 1 , 'exaggerated' , 'claims* and 'implication' makes the scope of t h i s Code subs t a n t i a l l y wider than that of the sections of the Combines 63 Investigation Act. I t i s able , then , to catch advertisements based on opinion rather than statement of f a c t . The sections dealing with testimonials, price comparisons, guarantees, professional or s c i e n t i f i c claims are e s s e n t i a l l y the same as the Combines Investigation Act. Further , i t contains three sections dealing with the 'alleged exploitation* of human weakness by advertising. The f i r s t deals with public decency , and i t states that "no advertisement s h a l l be prepared, or be knowingly accepted, which i s vulgar, suggestive or in any way, offensive to public decency". The second : "... which i s calculated to exp l o i t the superstitions , or to play on fears to mislead the consumers into the purchase of the advertised commodity or service". The t h i r d : "... which o f f e r s f a l s e hope in the form of a cure or r e l i e f for the mental or physically handicapped , either on a temporary or permanent basis". Some other techniques used which might be imagined to be linked to these exploitations appear to be l e f t out of the Code (for example , i s the play on a woman's fear of growing old or losi n g affection considered to be under the second clause mentioned above ?). There i s another section dealing with advertising to children which states : ".... which would r e s u l t in damage -physical , mental or moral - to children". This , of course i s 64 extremely vague and wide. To determine s p e c i f i c a l l y what constitutes moral or emotional damage to children would appear to be a formidable job placed on the Advertising Standards Council. However , t h i s clause , does give the idea that the Board and i t s members are concerned about the e f f e c t s of advertising on children and are w i l l i n g and eager to control advertising in such respect. The Council w i l l investigate once a complaint i s received and i f v i o l a t i o n i s revealed , the advertiser i s n o t i f i e d immediately in an e f f o r t to correct the i n f r a c t i o n . In most cases , t h i s r e s u l t i s voluntary compliance. If agreement i s not reached , the Council w i l l review the case and decide on the changes deemed to be necessary. If the advertiser refuses to make any change , the media group are then advised not to accept the advertisement u n t i l a correction i s made. Such a case i s rare. The e f f e c t of t h i s Code may be somewhat diminished because complaints are made usually after the advertisement has been published or aired. Correction of the advertisement may not be e f f e c t i v e . Preclearance of copies would be more useful in t h i s respect. IHJ_J3R0ADCAST_C0D^ This Code was put out by the Association of Broadcasters and i n May 1973 was adopted by the following associations : 65 Canadian Association of Broadcasters Association of Canadian Advertisers Inc. CTV Television Network Insti t u t e of Canadian Advertising Radio Sale Bureau Television Bureau of Canada and i n p r i n c i p l e by the C.B.C. The Code i s designed to complement the Canadian Code of Advertising Standards and supplement a l l federal and pr o v i n c i a l laws and regulations governing advertising. The Code undoubtedly marks the trend of s o c i a l consciousness among broadcasters, advertisers and consumers. The concern about the probable effects of advertising , es p e c i a l l y t e l e v i s i o n advertising to children , i s the major incentive for establishing t h i s Code. The enforcement of th i s Code i s also carried out by the Canadian Advertising Standards Council and le co n s e i l des Normes de l a P u b l i c i t e . I t was set out i n the Code that there are to be f i v e members i n the Children's section of the Council/Conseil and two of these must be public representatives. The Code provides that no broadcasters s h a l l accept any advertising directed at children without the pr i o r approval of the Council or Conseil. Preclearance i s not mandatory for advertising that i s l o c a l . In the case of a v i o l a t i o n , the broadcasters w i l l agree that such an advertisement s h a l l not be re - run and the advertiser s h a l l be n o t i f i e d . The text of the Code i s divided into nine headings : 1. Factual presentation - Advertisers are urged not to abuse the power of the c h i l d ' s imagination and not to exaggerate claims about the products so as to stimulate unreasonable expectations of product or product performance ; 2. Product prohibition - Certain products are deemed to be unsafe for use by children and should not be advertised to them ; 3. Undue pressure upon parents to purchase - Since children seldom possess the purchasing power to buy what i s advertised , advertisers should not exploit t h e i r weakness i n wanting things and to encourage a purchase ; 4. Promotion by programme characters and personal endorsements - Since children may not be able to distinguish between a broadcast programme and commercial and between the personal influence of performers and the i n t r i n s i c value of the product , products should be promoted on t h e i r own merits. 5. Price and purchase terms - Children lack the a b i l i t y to compare prices at their young age and prices used should be clear. Words l i k e 'just* and 'only' should be avoided. 6. Comparison claims - This i s dealt with i n (5). 67 7. Safety - Dangerous acts should not be portrayed. Exposure to commercials about hazardous products may lead children to misuse them and these products should therefore not be advertised to them. 8. Social values - Advertisers should recognise that they should not replace parents as the main source of s o c i a l i z a t i o n at home . 9. Substantiation - This i s i n li n e with the other advertising regulations. When advertisers make claims about t h e i r products , they should be ready to substantiate them. I t i s recognized that the term 'children' i s a r e l a t i v e term and children sometimes do enjoy adult programmes. The Code therefore r e f e r s to commercial messages directed at children under 13 s p e c i f i c a l l y , whether such commercial messages appear on children's or adults* programmes. SUMMARY Canada has a considerable amount of statutes , both pr o v i n c i a l and federal , i n the area of c o n t r o l l i n g advertising. However , even with these statutes and the voluntary codes adopted by the advertising industry , f a l s e or misleading advertising i s extremely d i f f i c u l t to l i t i g a t e . The law up to now has been concerned mostly with the objective issue of truth i n advertising and the subjective issues such as taste in 68 advertising have been successfully avoided. This li n e may never be crossed because even with f a c t u a l information , the infringement of the laws has been d i f f i c u l t to detect. Besides, the l e g i s l a t i v e bodies are s t i l l reluctant to c u r t a i l freedom of expression in the communication industry. However , the burden of safeguarding the i n t e g r i t y of the advertising industry without compromising i t s own r i g h t of expression i s on the advertisers themselves. Self - regulation may s t i l l prove to be the best means of maintaining this balance. 69 CHAPTER 3 As can be seen from the discussion in the l a s t chapter , Canada does have a considerable body of l e g i s l a t i o n c o n t r o l l i n g advertising in one form or another. However these statutes are usually worded in general terms , as i n the case of the Combines Investigation Act , that protection offered by these statutes i s aimed at the general public. They are i n s i g n i f i c a n t in rendering any s p e c i a l protection to children from objectionable advertising. As discussed i n the f i r s t chapter of t h i s paper , adults generally r e a l i z e that advertising i s biased communication and expect i t to be one - sided , e x t o l l i n g only the virtues of the brand, not the weaknesses. When we are exposed to a commercial, we usually 'discount' the truthfulness of i t i n one way or another. A certain degree of puffery on the part of advertisers i s tolerated. The standards used in regulating advertising directed at the general public also take i n t o account t h i s 'discounting e f f e c t ' . However , young children (age 2 to 6) seldom understand the content and purpose of a d v e r t i s i n g . 1 That means that they are exposed to i t without our usual 'defensive i n s t i n c t ' to q u a l i f y i t as a s e l l i n g mesage. To them, a commercial i s i n d i f f e r e n t i a b l e from the programme, perhaps di f f e r e n t from i t only by the fact that i t i s shorter. 2 A l l t h i s means that the standards to be used in regulating advertising 70 directed at children need to be much higher than the general provisions set out i n most of the statutes studied.. In t h i s and the following chapers , the question of how the two provisions , the Consumer Protection Act of Quebec and the Broadcast Code f o r Advertising to Children , try to deal with c o n t r o l l i n g advertising directed at children w i l l be discussed. Three aspects of the issue w i l l be examined. The f i r s t i s misleading advertising , the second i s safety and product acc e p t a b i l i t y and the t h i r d i s s o c i a l values and s o c i a l i z a t i o n . IISLEADING_ADVERTISING Under the Consumer Protection Act of Quebec and the Broadcast Code f o r Advertising To Children , the followings are prohibited : 1. unfair , f a l s e , misleading or deceptive advertising ; 2. making use of superlatives to describe the c h a r a c t e r i s t i c s of a product or diminutives to describe the price ; words l i k e 'only' and ' j u s t 1 should not be used ; 3. exaggerating the nature , c h a r a c t e r i s t i c s , performance or length of l i f e of commodity ; 4 . de - emphasizing the s k i l l , age , strength or dexterity necessary to use a commodity ; 5. the use of comparitive claim or establishing a comparison; 71 6. employment of cartoons or personalities known to children and who are featured i n children's programmes to expressly promote commodities ; 7. moreover when the price i s stated i n the advertisement, i t should be made clear that any accessory of the product w i l l only be obtained at an additional price. The provisions here are very s p e c i f i c i n prohibiting the use of certain t__hni___s that are generally employed in advertising. Comparison , exaggeration , the use of diminutives and superlatives , cartoons i n general and p e r s o n a l i t i e s featured in children's programmes to promote the commodities are forbidden i n advertising when i t i s directed at children. By p r o h i b i t i n g the use of such techniques , the l e g i s l a t u r e i s going beyond the control of misleading advertising and i s recognizing the v u l n e r a b i l i t y of children and the tendency of advertisers to exploit such v u l n e r a b i l i t y . The f i r s t issue dealt with i n these provisions i s the lack of sophistication i n commercial knowledge among children. When they are young and t h e i r mental a b i l i t y s t i l l developing , understanding of the operating mechanisms of the market place i s obviously lacking. They seldom r e a l i z e that the purpose of commercials i s to s e l l the products promoted and that they are subjects of persuasion. Words l i k e 'best* , ' f i n e s t ' , •cheapest' , ' l o v l i e s t ' , 'only* , ' j u s t ' w i l l have for children 72 their l i t e r a l meanings because they do not r e a l i z e that these words should be discounted when they are applied to the description of the commodities advertised. Children are usually more credulous and g u l l i b l e than most average adults because they lack the necessary knowledge about and experiences with the world in general and the commercial world i n p a r t i c u l a r . The second issue i s the protection of children from gross exaggeration of the products or the de - emphasis of the dexterity and s k i l l required in the use of them. The reasons f o r these provisions are that children are credulous and g u l l i b l e and should be protected from experiencing unnecessary disappointment r e s u l t i n g from advertisers' 'sophisticated' and 'subtle' s e l l i n g messages. Advertisers should not exploit the trust and simple - mindedness children place in the adult world around them. It i s being recognized that young children are building confidence i n parents , in family and in the world outside them and they view t h i s world as having some order and dependability. I r r e s p o n s i b i l i t y of advertisers which w i l l shatter such trust and confidence should be c u r t a i l e d . The t h i r d issue i s children's susceptability to persuasion by ' i d e n t i f i c a t i o n 1 . Empirical studies indicate that children tend to imitate the behavior of persons shown on t e l e v i s i o n when they i d e n t i f y with such persons. Also , they are unable to dis t i n g u i s h between the personal influence of performers and the i n t r i n s i c values of the products promoted. The prohibition of 73 the use of cartoons i n general rather than the use of cartoon characters featured i n cartoon programmes seems to suggest that cartoon, being exceptionally welcomed and accepted by children, i s a uniquely powerful persuasive technique in advertising directed at children. The trend i n advertising regulation as revealed by these provisions makes the prohibition of the use of * catchy tunes* to promote a commodity f a r from being an i m p o s s i b i l i t y ! Sote also that in the Broadcast Code for Advertising to Children 3 the prohibition of the use of cartoons and puppets does not extend to public service announcements or to f a c t u a l statements about n u t r i t i o n a l or educational benefits.-This suggests that such exploitative persuasion technigues can be used to promote certa i n things and not others and that cert a i n advertising messages are desirable while others are not. The question whether the l e g i s l a t i v e body should have the power to determine what the information input of children should be remains a controversy. This issue seems to be more explosive when s o c i a l values are concerned. Some c r i t i c s of the l e g i s l a t i o n assert that these provisions are too protective.. S. Ward , for example plays with the idea that early exposure of children to commercials makes them c y n i c a l and such cynicism protects them from being misled by f a l s e or misleading advertising when they grow up. 4 This i s often c i t e d as being a step i n the process of •commercial s o c i a l i z a t i o n ' and children should not be over -protected. It would seem that children should not be molded to 74 s u i t the vices of the world. I f the commercial world a c h i l d grows up to meet i s f u l l of falsehood and misrepresentation, such •imperfection' should be mended and we should not expect to teach our children to be cynical and thus equipped for s u r v i v a l in t h i s world. Moreover, i t would seem that such a view i s negative in the sense that one learns from experiences but i t would not be necessary to learn from 'bad' experiences. Cynicism i s hardly a valuable t r a i t to have i n order to gtow up to be mature and responsible adults. S U M M A R Y There i s no doubt that young children spend a l o t of time watching t e l e v i s i o n and that they are in general lacking in the mental a b i l i t y to understand the world outside their homes. They are credulous, im i t a t i v e and e a s i l y persuaded. There i s also no doubt that these t r a i t s make them easy •preys 1 to sophisticated commercial s e l l i n g messages. In order to protect children from objectionable advertising, the l e g i s l a t i o n studied i n t h i s chapter goes beyond general prohibition against misleading advertising and prohibits s p e c i f i c advertising techniques commonly used. This i s a simple recognition that children are not merely •young adults' but are a group of 'disadvantaged people' in the sense that they do not 75 have the understanding nor the knowledge of the commercial world which are so highly demanded of us i n modern l i v i n g -76 _________ In t h i s chapter , regulation that deals with product a c c e p t a b i l i t y and safety for children in advertising directed at them w i l l be discussed. The main statutes that have such provisions i n one form or another are the Hazardous Products Act, 1 the Broadcast Act, 2 the Food and Drug Act, 3 the Consumer Protection Act of Quebec,* and the Broadcast Code for Advertising to C h i l d r e n . 5 Of these statutes , the Food and Drug Act i s the oldest. The main concern as re f l e c t e d i n t h i s Act i s the health and safety of i n d i v i d u a l . The composition and n u t r i t i o n a l content of the food and drug advertised have to comply with regulations set out i n t h i s Act. In l a t e r statutes , for example , the Broadcast Act and the Hazardous Products Act , the emphasis i s s h i f t e d to the prohibition of s p e c i f i c products due to either research results showing danger involved i n consumption or evidence in d i c a t i n g hazards res u l t i n g from misue of products. With the newer statutes l i k e the Quebec Act , the concern i s with the notion that certain product classes should not be advertised at a l l . The trend i s d e f i n i t e l y towards more stringent control i n t h i s area over the years. SP_CIFIC_PROHIBITION Certain products are s p e c i f i c a l l y prohibited from being 77 advertised. The Hazardous Products Act prohibits the advertising of such things as furniture and other toy a r t i c l e s intended for children which are coated with paint containing harmful amounts of lead. Varnishes , paints and paint removers for household use which are highly inflammable ; j e g u i r i t y beans or any substance or a r t i c l e made with such poisonous beans are s i m i l a r l y prohibited. The concern expressed i n t h i s Act i s that these products named are dangerous for use by anyone and children s p e c i f i c a l l y . The Regulations of the Canadian - Radio - Television Commission i n connection with the advertising of al c o h o l i c beverages set out s p e c i f i c a l l y that such advertising should not be aimed at people not l e g a l l y e n t i t l e d to drink (ie. minors). Family or other scenes which include minors or persons appearing to be minors should not be shown. GENERAL_PROHIBITION The Consumer Protection Act of Quebec enacts i n i t s Division XI that advertising i s prohibited which : 1. concerns a product , which , by i t s nature , quality , or ordinary usage ought not to be placed at the disposal of children ; 2. concerns a drug or proprietary medicine ; 3 . concerns a vitamin i n l i q u i d , powdered or tablet form ; portrays a person performing any unsafe act ; portrays a commodity in a manner suggestive of improper or dangerous use thereof. The Broadcast Code fo r Advertising to Childre lso provides i n s i m i l a r terms that : Drugs , proprietary medicine , and vitamins i n l i q u i d , powdered or tablet form must not be advertised to children. Products not intended for use by children must not be advertised to children , either d i r e c t l y or i n d i r e c t l y through the advertising of promotions that are primarily c h i l d - oriented. Advertisements, except s p e c i f i c safety messages, must not portray adults or children engaging i n unsafe acts, eg. playing inside a r e f r i g e r a t o r or with matches , ignoring t r a f f i c regulations , accepting g i f t s from strangers , or under the influence of alcohol or narcotics. Advertisements must not show products being used i n an unsafe or dangerous manner , as f o r instance , when they show adults transferring hazardous products from t h e i r o r i g i n a l containers into other containers which children associate as safe or related to food or drink , eg. pouring a hazardous product into cups , 79 glasses or soft drink bottles. The phrases , 'product which by i t s nature , quality or ordinary usage ought not to be placed at the disposal of c h i l d r e n ' , 'products not intended for use by children' , •suggestive of improper or dangerous use' , indicate the wide scope intended for these two provisions. Drugs , proprietary medicine and vitamins are not c e r t a i n l y bad for consumption buy they are not to be advertised to children. The concern i s with the hazards involved i n the misuse of these products by children. Further , children in t h e i r developing years are curious about the outside world and are highly imitative . Dorothy Cohen i n her book , stated that f i v e -year- olds are great imitators and t h e i r i n t e r e s t s cover an amazingly broad scope. almost everything captures their c u r i o s i t y and i n t e r e s t . 'almost everything' refers to anything that i s available to them through their eyes , ears , nose , mouth , fingers or anything that can be conceived i n concrete sensory terms. 6 Since there i s no doubt that children spend more time i n front of the t e l e v i s i o n than on any other a c t i v i t y during the day and that mothers seldom accompany them during such viewings , children are exposed continously to t h i s medium without much guidance from their parents. 7 The c h i l d i s exposed to environments and circumstances far beyond the small and secure home community in which he has been developing and growing up. The opportunity offered by the t e l e v i s i o n medium , alone , i s far reaching. It offers an exciting stimulus and 80 whether people behind the screen l i k e i t or not , i t i s an extremely important 'educational* ins t r u c t o r for pre - school c h i l d r e n . Care must be taken to ensure that whatever these children *learn' from t h i s 'instructor* must be constructive , safe and enterprising. The idea i s not to make the medium into a baby - s i t t e r for the parents as many parents seem to regard i t . 8 This r e s p o n s i b i l i t y i s considered to be too great by some broadcasters and there i s a notion that commercial t e l e v i s i o n i s only an entertaining medium and that education should be l e f t to the school , the educative t e l e v i s i o n networks and parents. Given that learning from t e l e v i s i o n for children is • i n c i d e n t a l ' 9 such an argument cannot remove r e s p o n s i b i l i t y from the shoulders of broadcasters. The c h i l d i s never a completely passive r e c i p i e n t of his culture. He reacts s e l e c t i v e l y to i t and acts on i t i n various ways ; he gets out of an experience what he brings to i t . He learns from many sources and he i s w i l l i n g to t r y out and test that which he learns. The broadcasters and advertisers e s p e c i a l l y , have to respect t h i s a b i l i t y to adopt and learn and should not be the ones responsible for bringing children to anything or any a c t i v i t y that may endanger th e i r health and safety. Growing up i s both painful for the c h i l d and h i s parents. The t e l e v i s i o n medium should not make the developing process unnecessaily more complicated than i t should be. The 81 contradiction between what parents and teachers say about safety and dangerous acts and what are being shown on the screeen vi a commercials should be avoided. SUMMARY The safety issue i n the area of advertising directed at children i s probably the l e a s t controversial of a l l the issues discussed in t h i s paper. Products that are considered to be harmful for children or at the disposal of children are prohibited to be advertised. Dangerous acts and improper use i n connection with a product are reguired not to be depicted i n an advertisement directed at children. Advertisers should constantly bear i n mind the ' a b i l i t y ' of children to learn and the p o t e n t i a l i t y of the t e l e v i s i o n medium to teach. Such p o t e n t i a l i t i e s should not be exploited i n any way. 82 CHAPTER_5 A c h i l d does not grow up i n a vacuum. He learns from experience what i s to be expected of him i n society. The process of learning , adopting and adapting the values of the society around him s t a r t s at an early age. Not long ago (perhaps t h i r t y or les s years ago?) , the c h i l d learned about the world mostly from his parents , his inte r a c t i o n with neighbours , his peers. Today t e l e v i s i o n becomes his constant companion , his teacher and a great ' s o c i a l i z a t i o n agent' i n his l i f e . The trend i n l e g i s l a t i o n r e f l e c t s the concern of society about the values t h i s medium i s teaching our young. The statutes of Canada attempting to deal with t h i s issue are mostly revealed i n the Consumer Protection Act of Quebec and the Broadcast Code for Advertising to Children LEGISLATION_THAT_DEA The Consumer Protection Act of Quebec prohibits any advertisement directed at children which : 1 . expressly urges children to buy , or to request another person to buy , a commodity ; 2. b e l i t t l e s parental authority , judgement cr preferences ; portrays reprehensive family l i f e or customs ; suggests that the possession or use of a commodity w i l l endow a c h i l d wtih physical , s o c i a l or psychological c h a r a c t e r i s t i c s superior to those of his peers ; or conversely that the lack of possession or use thereof w i l l have the opposite effect , except i f such suggestion , insofar as i t concerns education or health , be true ; 1 he Broadcast Code provides : To avoid undue pressure , advertising must not urge children to purchase , or urge them to ask their parents to make i n q u i r i e s or purchases. No sing l e commercial or any segment thereof s h a l l be presented more than once during any regularly scheduled programme (this does not apply to broadcast S p e c i a l s ' which are not regularly scheduled). Toy advertisements s h a l l not make direc t comparisons with the previous years* models ,or with competitive makes , even when the statements or claims are va l i d - because such reference may undermine the c h i l d ' s enjoyment of present possessions or those that may be received as g i f t s . 84 4. Messages must not r e f l e c t disregard f o r parental authority or parental judgement or portray undesirable family l i v i n g habits. 5. Any material benefits enjoyed should be inherent in the use of the product i t s e l f . B asically , there are three aspects of the issue that i s being dealt with i n these provisions. The f i r s t i s that advertisers should __________ aj__^ in the home. The second aspect i s that materialism should not be suggested to the c h i l d at an early age. The t h i r d aspect i s ____2_____ • These three aspects of the issue r e f l e c t the concern of parents , scholars and l e g i s l a t o r s about the tremendous influence of t e l e v i s i o n on a c h i l d ' s outlook on l i f e . As indicated in chapter 1 of t h i s paper , young viewers tend to be more ambitious , more middle - class orientated and tend to stress s e l f - confidence as the key to success. 2 A l l these values are being portrayed consistently in t e l e v i s i o n programmes. There can be no doubt that the medium offers an environment beyond the c h i l d ' s immediate experience and i t also teaches him the norms and behavioral patterns associated with d i f f e r e n t roles i n l i f e . Whether such premature exposure to a hypersenstivive adult world before the c h i l d can grasp the s i g n i f i c a n c e of such norms and patterns of behavior i s desirable or not i s doubtful. 85 The term _____________ i s always broadly defined. according to Zigler andchild: 3 " s o c i a l i z a t i o n i s a broad term for the whole process by which the i n d i v i d u a l develops through transaction with other people , his s p e c i f i c patterns of s o c i a l l y relevant behaviors and experiences". Brim referred to i t as the process by which individuals acquire the knowledge , s k i l l s , disposition that enable them to participate as more or l e s s e f f e c t i v e members of groups and the society. * The fundamental difference between these two d e f i n i t i o n s i s that Brim does not specify that ' i n t e r a c t i o n 1 i s necessary in the process of s o c i a l i z a t i o n . Under his d e f i n i t i o n then, the t e l e v i s i o n medium i s a s o c i a l i z a t i o n agent for the c h i l d because he can acguire the knowledge , s k i l l s , and dispositions that w i l l enable him to part i c i p a t e in the society , through the medium. However , as Halloran also indicated, the main sources of attitude formation are direct_ej_£erience with objects and sit u a t i o n s s , whatever the c h i l d learns from the medium has to be reinforced by other sources of information and d i r e c t experience before such values and outlook on l i f e become integrated into his personality and behavior patterns. a c e r t a i n amount of interaction has to take place i n the process of s o c i a l i z a t i o n . 86 As evidenced by research studies , the c h i l d i s never a passive recipient of h i s culture , even less so of the sti m u l i as presented by the t e l e v i s i o n medium.6 when the c h i l d i s exposed to televised commercials , urging him to buy , to ask his parents to buy or t e l l i n g him how marvellous i t i s to •possess' certain things , he acquires the 'knowledge* and the 'disposition* to behave in a m a t e r i a l i s t i c fashion. Such knowledge and disposition would cease to be e f f e c t i v e i f behavior patterns outside t e l e v i s i o n were not in accordance with them. I f , the c h i l d equipped with such knowledge and dispo s i t i o n to behave i s not reinforced the same way from dir e c t experience with his immediate environment , he also ceases to be e f f e c t i v e l y s o c i a l i z e d by them. What happens when a t e l e v i s i o n c h i l d of today turns to his immediate environment , with his intense c u r i o s i t y and a b i l i t y to absorb knowledge and experience , to confirm what he sees on te l e v i s i o n ? He sees a world of consumption, a world of possession, a world where achievement in l i f e means wealth -accumulation. His parents keep changing th e i r family car every year , with two or three cars parked i n the i r garage; mom always keeps count of what the Jones have bought the day before; brother John who i s i n high school complains that his stereo set i s just not in s t y l e anymore ( i t i s the l a s t year's model) ; mom came home today excited by the 'discovery' of a better detergent with a better cleansing power ; daddy discussed with mom l a s t night the mortgage they are getting i n order to finance a new 87 and bigger house ( i t w i l l be in a better area too) ; next door Jimmy talks consistently , incessantly of the g i f t s he gets for hi s birthday , for this and that , for being good and for being not so good , but good enough ; and on and on and on .... He may not be able to understand what a l l these mean. But what the nice man on the t e l e v i s i o n screen said yesterday i s r e a l l y true : i t i s nice to have t h i s and that ..... You can be better than next door Jimmy i f you have th i s ....... This i s better than l a s t year's model which Jimmy has And on and on and on Shut the adman up and switch off the t e l e v i s i o n and the world outside s t i l l goes on and on. This 'flush - away -t o i l e t ' philosophy simply doesn't work anymore. The r e s p o n s i b i l i t y of s o c i a l i z i n g the c h i l d to be an i n d i v i d u a l f a l l s back on the parents. The c h i l d simply doesn't i n t e r a c t with the 'box' the way he in t e r a c t s with his parents. Dr. Edgar B. P h i l l i p s , executive director of the American Guidance voiced the opinion that a c h i l d ' s standard of behavior i s determined by what he sees his parents do rather than what sees on t e l e v i s i o n . 7 A stable family environment with constant and sound parental guidance i s adequate to ensure a f r u i t f u l and f u l f i l l i n g growing up. 88 This i s not denouncing the r e s p o n s i b i l i t y placed on the medium and the advertisers. However, i t would seem that to shut away the ' r e f l e c t o r ' of our society's dearly held values , however undesirable they maybe , i s simply not enough. Our own outlook on l i f e may have to change, society may have tc change. The emphases on production, consumption and material achievement may have to give way to other more f u l f i l l i n g emphases cn l i f e . Are we ready to do that much or more f o r the young of our society? Moreover , recognizing the influence of t e l e v i s i o n on ch i l d r e n , l e g i s l a t o r s consider i t useful i n some respects. Such phrases as : 'except i f such suggestion , in so far as i t concerns education or health, be true", r e f l e c t s such b e l i e f . If one were to study these provisions c a r e f u l l y , one would have discovered that t h i s phrase recurs from time to time throughout. If the means of persuasion , of psychological motivation , of suggestions of superiority or i n f e r i o r i t y are considered to be deplorable when used i n the promotion of commercial products , such should also be deemed deplorable when used i n promoting other things , be i t education , health or ideology ! Aldous Huxley , i n his book The_Brave_New_World depicts a horror - dream of the future - the horror of conformity , of mechanical , i n s t i n c t i v e alikeness. Children i n that society were born (or decanted) through s c i e n t i f i c conception. Genes were preselected, predetermined. Those who were destined to be 89 laborers were endowed with the physical , mental , psychological and emotional q u a l i t i e s reguired to be good manual laborers. After they were decanted , they were to go through the process of neo - Pavlovian conditioning through which they w i l l learn to hate books and flowers (of the low laborers* predisposition) and to have a d i s t i n c t class consciousness. A l l t h i s conditioning would ensure that every one would love what he was predestined to do - his own unescapable s o c i a l destiny. 9 However unforseeable t h i s * prophesy* i s to be , the provisions discussed i n t h i s chapter are moving towards the thin thread separating t h i s horror - dream from what we want our children to be - i n d i v i d u a l s . If we i n s i s t on imposing a set of values on children and eliminating the others , how f a r are we from making conformity a r e a l i t y ? The third aspect i s the respect of parental judgement and authority i n the home. To suggest disregard of parental judgement and reprehensible family l i f e patterns should be avoided. As indicated i n chapter 1 of t h i s paper , the influences on children , no matter how good or how bad , are modified or n u l l i f i e d by stable family communication patterns , peer - group relationship and guidance of the family. Advertisers should not take upon themselves to be the t h i r d parent of evey c h i l d in his own home. Respect of a c h i l d ' s parents and family should be r e f l e c t e d in the advertisements. It i s the r e s p o n s i b i l i t y of the family, the school and the 90 society at large to s o c i a l i z e children. I t i s also the r i g h t of children i n t h i s society to demand a free flowing channel of information for input, for expression and for choice. It i s doubtful whether i t i s the duty of the l e g i s l a t o r s to decide what s o c i a l values and opinions can be channeled to children. It would seem to be extremely dangerous to present one-sided view of society either by advertisers or l e g i s l a t o r s . There i s always a l i m i t to how far l e g i s l a t i o n can go. It should never attempt to monopolize the influence of ideas and opinions. 91 _________ ____________________ Hone of the statutes studied i n this paper sets out s p e c i f i c a l l y to control the artform and techniques of presentation of an advertisement. As s o c i a l concern mounts over the years , f i r s t with advertising of certa i n products {eg. alcohol , drugs , tobacco) , then with advertisements directed at certain groups in society (eg. minors i n the case of alcohol , smokers i n the case of cigarettes and children in general), measures taken to control the persuasive techniques used i n advertisements also tend to become more stringent. As scholars and c r i t i c s begin to voice th e i r concern about the t e r r i f y i n g process of 'mind - bending 1 and the motivation techniques used in advertising , l e g i s l a t o r s are being pressured constantly into enacting new statutes trying to keep ce r t a i n means of persuasion i n l i n e . w. Howard Chase . p r e s i d e n t of the Public Relations Society of America put this concern into words : "The very presumptuousness of moulding or affecting the human mind through the techniques we use has created a deep sense of uneasiness in our minds'*.1 The statement made by Clyde Mil l e r in his bock , The Process_of_Persuasion , explaining the problems of conditioning 92 the reflexes of children raises t h i s concern and this uneasiness even much higher. " I t takes time , yes , but i f you expect to be i n business f o r any length of time , think of what i t can mean to your firm i n p r o f i t s i f you can condition a m i l l i o n or ten millions children who w i l l grow up into adults trained to buy your products as sol d i e r s are trained to advance when they hear the trigger words : forward march". The r e s u l t of the general alarm created by such statements i s the p r o l i f i c and impressive l i s t of s p e c i f i c prohibitions as provided f o r i n the Consumer Protection Act of Quebec and the Broadcast Code for Advertising to Children. Inevitably these provisions place l i m i t s on what the advertisers can say about their products. As they are now worded , the thresh - hold of demanding truth and factual information from an advertisement has long been transcended. In cer t a i n cases , even val i d and true statements about the product w i l l not s u f f i c e anymore.3 What does a l l this mean to a marketer? If he i s a marketer of children's products, he i s l e f t with very few alternatives to promote them. He cannot stimulate brand l o y a l t y d i r e c t l y and e f f e c t i v e l y since brand l o y a l t y depends heavily on comparison with competitive makes and such comparison or comparison with l a s t year's models i s prohibited. Neither can he claim any su p e r i o r i t are not i n t r i n s i c i n the products themselves. Any 9 3 appeal to the psychological , emotional and s o c i a l needs of a c h i l d by means of motivational techniques and implications i s prohibited. Advertising claims , such as "Cheerios" advertising i t s e l f as the cereal with protein and energy with a v i s u a l background of a healthy youngster on a trampoline or "Super Power with Sugar Crisp" with the cartoon hero parting the iron bars of a window in d i c a t i n g the strength i t gives, are considered to be objectionable. I t would also seem pointless to promote product d i f f e r e n t i a t i o n since i t would be extremely d i f f i c u l t to bring any new changes to the knowledge of the public. To avoid any entanglement with the l e g i s l a t i o n , the best and probably the only alternative that can be used in promotion i s to inform the public of the a v a i l a b i l i t y of the product and nothing else. Ralph Nader once said that the role of advertising i s to funnel information and to funnel i t in an in t e r e s t i n g way. What advertisers can do these days i s just that - providing the information - but i t i s getting ever more d i f f i c u l t to inform i n an interesting way. However i t does give the advertisers the opportunity to stretch their c r e a t i v i t y in providing advertisements which are both entertaining and informative. An advertising executive, Mr. T. G. Armstrong, i n a speech to IAA's 21st World Congress i n 1969 said : 94 "The very f a c t that we no longer need apologize , explain or defend advertising as a positive economic force , does not mean that we do not have to exercise great care regarding i t s existence as a s o c i a l force. Actually , the very fact of advertising ubiquity , i t s growing omnipresencee to one degree or another in a l l of our cultures, i t s high degree of v i s i b i l i t y , i f you w i l l , probably constitute the greatest potential problems we face. We, i n advertising, have the capacity to k i l l off advertising i f we are not prudent and wise i n our approaches to i t .... by f a i l i n g to recognize the swift pace of s o c i a l change and where and how advertising f i t s i n ; we must make sure that we are not locked in a c o l l i s i o n course with the very culture in which we are a l l a force , and within which we must su r v i v e " . 4 1 This view was expressed i n 1969 and i t i s even more true in 1974. The issue of s u r v i v a l i n our culture i s becoming more acute. The enormous influence of the advertising i n s t i t u t i o n in shaping and r e f l e c t i n g society's values i s being resented. This concern i s r e f l e c t e d more c l e a r l y i n the l e g i s l a t i o n dealing with advertising directed at children. Provisions , other than those in the Consumer Protection Act of Quebec and the Broadcast Code for Advertising to Children, tend to be couched i n general terms and the standards applied to regulate advertising are more objectively orientated. The Department of Consumer and Corporate A f f a i r s has always expressed the reluctance to l i t i g a t e on the subjective matter of tastefulness. The concern i s to avoid the shaky and touchy matter of deciding whose 'taste' i s considered to be better and more desirable. Policing values and opinions i s not the 95 r e s p o n s i b i l i t y of the court or the l e g i s l a t o r s . However , as r e f l e c t e d i n the Quebec act and the Broadcast Code , there i s a strong tendency to prevent children from being exposed to certain objectionable values. Although such tendency i s never e x p l i c i t l y stated in the provisions , the net result of administering these provisions has the e f f e c t of c o n t r o l l i n g information about values , l i f e s t y l e s , opinions and behavioral patterns which form the information input for their developing years. However , the fact that onl_ desirable values and information are being channeled to children does not prevent us from v i o l a t i n g the B i l l of Bights i n the manner expressed by President Kennedy , namely , t h _ _ r i _ _ t _ t o choose. Mary Gardiner Jones , the Commissioner of America's FTC said : "While advertising has been expected from thi s philosophy to the narrow extent of the accuracy of s p e c i f i c product claims i n i t , e f f o r t s to go beyond t h i s e s s e n t i a l l y v e r i f i a b l e standard of regulation , and to reach out to police the values , and c u l t u r a l overtones and undertones i n advertising would run the r i s k of simply substituting the opinions of one group , the regulators f o r those of another , the advertisers , as to which values and which aspects of American culture should be expressed by the commercials. Such a substitution would in no sense offer great assurance that these values and c u l t u r a l elements would be any less distorted or one - sided or l i m i t e d " . 5 9 6 Monopolizing information input to children , whether by government regulatory agencies or by advertisers would seem to be undesirable. In a society where i n d i v i d u a l i t y i s valued above anything else , i t i s inconceivable to imagine that we wish our children to be conformers to only one set of values. Further , as evidenced by research r e s u l t s and as emphasized throughout t h i s paper , parental guidance and judgement are e s s e n t i a l to the development of children. Whether i t be the effects of televised violence on the c h i l d or the purchasing pattern of the family , parents can always exert deciding and major influences on children. A stable family communication pattern together with parental emphasis on non -aggression w i l l reduce or n u l l i f y the l i k l i h o o d of a c h i l d to act aggressively after being exposed to televised v i o l e n c e . 6 Child - centered parents , thinking of the health of children tend to avoid buying presweetened cereal even i f the children request such purchases. 7 These research r e s u l t s point c l e a r l y to the conclusion that only i f parents leave children to the t e l e v i s i o n medium unattended and expose them to advertising messages without guidance or other sources of information i s the influence of the medium at i t s greatest. I t i s time for parents to face the problem squarely. The issue cannot be solved by l e g i s l a t i o n alone. The common notion that l e g i s l a t i o n , once adopted , w i l l dispose of a problem i s unsound and naive. No one can take the r o l e of a parent , l e a s t so the t e l e v i s i o n medium or advertisers. 9 7 The effectiveness of these provisions depends on the ways they are being enforced. Under both the Consumer Protection Act of Quebec and the Broadcast Code for Advertising to Children , some form of consulting agency i s established to of f e r advice to advertisers. Preclearance of advertisements directed at children i s mandatory under the Code. Under the Quebec Act , advertisers can have their advertisements sent to the Committee on Advertising Directed at Children to be analysed and approved. However , t h i s procedure i s not compulsory. Another mechanism used to administer the Act i n Quebec i s through complaints received by the Committee. Investigation and i f necessary , prosecution i s brought about by the Department of Finance, I n s t i t u t i o n s , Companies and Corporations. The effect of the p r o l i f i c and impressive l i s t of detailed prohibitions under these two provisions i s an overload of administrative work to be done by the regulatory agencies. After about one year of administrative experience since the Code was established , the Counsel admits to i t s unexpected ineffectiveness due to the lack of time and personnel resources. Copies to be precleared often p i l e up and the slowness in processing adds to f r u s t r a t i o n experienced by both advertisers and regulatory agencies. 98 Preclearnace does not guarantee exemption from further investigation i f complaints are received, A copy that has been approved before i t i s being released does not mean that i t i s a l l clean. Since the standards used in regulating advertising directed at children are value laden and subjective i n most cases , i t i s d i f f i c u l t to ensure that they are agreeable to everyone. The result of t h i s i s duplication of e f f o r t s i n some cases. Further , no matter how stringent our own l e g i s l a t i o n i s regarding advertising directed at children , the statutes have absolutely no control over the advertisements aired from American channels. Control of advertisements created outside Canada i s outside the j u r i s d i c t i o n of Canadian l e g i s l a t i o n . At the present stage of development i n the area of co n t r o l l i n g advertising directed to children , we have sporadic p r o v i n c i a l statutes which are mostly i n e f f e c t i v e and i n cases , duplicative of each other. As advertising directed at children i s mostly nationally televised commercials , what we need in th i s country now i s a coherent and well defined national l e g i s l a t i o n to avoid undue duplication in the co n t r o l l i n g and administrative e f f o r t s and to avoid confusion among advertisers as to the policy of the nation. There are three alternatives to the approach adopted by the governement to control advertising directed at children. These alter n a t i v e s may not exclude each other and a combination of 9 9 them may prove to be useful. ALTERNATIVES 1 . Co__lete_Contro1 - This alt e r n a t i v e has been contemplated by many and i s viewed with alarm by most advertisers. The l e g i s l a t u r e i s s t i l l unwilling to take any major step towards a complete ban of advertising to children on t e l e v s i o n . 8 The objection to t h i s alternative i s of course the question of financing children's programmes over half of which are supported by advertisers presently. Other means of f i n a n c i a l support have to be found before banning advertising to children from the medium can be seriously considered. In a research study by Roper Research Associates , 80 % of Americans interviewed said that there should not be any advertisement i n children's programmes while only 7 % would l i k e to see i t being eliminated i f by the banning of advertisements would mean reduced number and quality of children's programmes. There i s indeed a dilemma of choice. However- a complete ban i s an economically_ andmorallysound alternative i f the choice i s between d r a s t i c , stringent codes and complete elimination. Administrative agencies set up under the the former alternative w i l l have to police v i o l a t i o n of offences which may be d i f f i c u l t to prove , espe c i a l l y when the standards of regulation are far from being objectively v e r i f i a b l e . The resources (both f i n a n c i a l and personnel) saved by not 100 establishing such agencies, not making investigations and holding court proceedings would be adeguate to finance or subsidize interesting and educational programmes fro children. Further , i t would seem that since children seldom do have the purchasing power to consume , i t i s just not f a i r to use them as s e l l i n g tools to nag t h e i r parents or anyone else to buy on t h e i r behalf. The group aimed at by advertisements of children's products should be the parents. If such was the case, the gross exploitation of children's weaknesses can be avoided and parents would be given the chance to choose what they consider to be the best for their children. Sponsorship of creative programmes i s another alternative for advertisers of children's products i n the case when they are banned to advertise d i r e c t l y to c h i l d r en. This w i l l help the financing of programmes and upgrading their quality . 2. I i_a_slation - The second alternative available i s to control advertising directed at children on an objective__^ standards_of_re__lation . Misleading , f a l s e and deceptive advertising in general should be c u r t a i l e d , while honesty and truth in advertising should be promoted. Beyond the thresh hold of objective standards , l e g i s l a t o r s should try not to trandscend. I t i s important that p r o v i n c i a l governments take an i n t e r e s t i n the area of c o n t r o l l i n g advertising directed at 101 children but due to the nature of commercials inluded i n t h i s category , i t would be more e f f e c t i v e to have the federal government enacting the main piece of l e g i s l a t i o n . However , the present criminal law proceedings under the Combines Investigation Act are not e f f i c i e n t i n either consumer redress or i n prosecution. C i v i l proceedings should be provided as i s the case under the Consumer Protection Act of Quebec. Opportunities f o r voluntary preclearance and consultation should be provided. 3. Self - Regulation - The t h i r d a lternative i s f o r the advertising industry to regulate i t s e l f . The idea i s that for i n d i v i d u a l advertisers to observe rules of conduct i s much less costly than l e g i s l a t i v e control by the government. Self regulation also involves the removal of the danger of curtailment of the right of freedom of expression and subjection to severe censureship. A balanced presentation should be recognized as the best way to prevent the promotion of a one -sided view of society. Advertising i s a r e f l e c t o r of the values of culture and i t should r e f l e c t a l l aspects i n a t r u t h f u l manner. However, t h i s alternative undoubtedly w i l l depend on the good sense of judgement of advertisers. Other forms of control should supplement t h i s . One form of control i s to i n i t i a t e the system of l i c e n s i n g to advertisers. A license to practise w i l l be automatically become void following certain convictions for 102 v i o l a t i o n of offences provided for i n the l e g i s l a t i o n . This would ensure that advertisers w i l l be mote c a r e f u l i n designing a campaign or an advertising copy. Another possible form of control i s in the area of private consumer organizations. Use of such organizations w i l l ensure that violations of l e g i s l a t i v e provisions brought to the attention of the appropriate departments and lessen the burden of police work to be undertaken by the regulatory agencies. P u b l i c i t y given to v i o l a t i o n s and actions taken by the government by these organizations w i l l provide a good means of educating consumers about frauds i n the market place. The issue of c o n t r o l l i n g advertising directed at children i s based on moral judgement at large. The notion that i t i s bad to persuade children to buy things has affected the enacting of l e g i s l a t i o n in t h i s country. Undoubtedly, we have to agree that a c e r t a i n degree of value judgement on the part of l e g i s l a t o r s always influences the decision to enact l e g i s l a t i o n to control such s o c i a l issue as advertising directed at c h i l d r e n . However, i t should be recognised that empirical studies on the effect of advertising on children w i l l shed invaluable l i g h t on the impact of t h i s p a r t i c u l a r issue on children of t h i s society. Such 103 studies w i l l provide the s t a r t i n g point for the l e g i s l a t o r s to act on. As disussed in chapter 1 of thi s paper, the scanty empirical studies i n t h i s area are not conclusive enough to remove a l l doubts. Before any reasonable measures can be taken to further control advertising directed to children, more research studies are d e f i n i t e l y needed. To conduct such studies i s not without any d i f f i c u l t y . any empirical study carried on under experimental conditions has lim i t e d i n t e r p r e t a t i o n . To generalize beyond such a r t i f i c i a l conditions and to apply to day-to-day l i v i n g i s dangerous. With t e l e v i s i o n being a common medium i n the home nowadays, i t would be d i f f i c u l t , i t not impossible to separate experimental and control groups i f the study i s not carried out i n experimental conditions (eg. interviewing of children at t h e i r homes). If i t were d i f f i c u l t to compare the e f f e c t s of t e l e v i s i o n advertising on the experimental with the e f f f e c t s on the control group, i t would also be d i f f i c u l t to ascertain that advertising or t e l e v i s i o n i s the only variable accountable for any major revelation. I s o l a t i o n of variables and target groups are extremely important precautionary steps to be taken to ensure that what i s being measured i s what i s intended to be measured. Future empirical studies should be addressed to three basic issues. The f i r s t i s the ij§£act_of t e l e v i s i o n advertising on chil d r e n . How many advertising messages i s an average c h i l d exposed to everyday? How well can he r e c a l l the messages? How 104 well can he r e c a l l the products advertised? How well can he r e c a l l the brands? A l l these questions have to be answered. The second issue of concern i s the e f f e c t s of t e l e v i s i o n on ___!__i°£_2_£__;____§ * T n e basic questions are: what i s the relati o n s h i p between children's exposure to t e l e v i s i o n advertising and t h e i r buying pattern and that of their family and what i s the re l a t i o n s h i p between such exposure and imiative actions by children. The t h i r d issue i s the reaction of children to t e l e v i s i o n advertisements. Do they understand the concept of advertising? Do they know what i s advertising? Do they enjoy advertisements they see on te l e v i s i o n ? Are they, in general, c y n i c a l about or i n d i f f e r e n t to such advertisements? I f they do enjoy them, why?)p the d e s i r a b i l i t y of long-term studies should be recognised. The alleged 'conditioning' e f f e c t of advertising on children should be determined once and for a l l . Besides i s o l a t i o n of variables, i t would also be useful to i s o l a t e and compare the impact of d i f f e r e n t formats of advertising (eg. p e r s o n a l i t i e s , cartoons and puppets) . There i s undoubtedly a l o t to be done i n this area i n the future. In 1975 when C. B. C. w i l l take advertising directed at children o ff the a i r , opportunities for hypotheses testing w i l l be almost unlimited. 105 RECOMMENDATIONS It i s not inconceivable that t e l e v i s i o n advertising directed at children would be eliminated completely from the screen now that C.B.C. i s ordered to take t h i s step by January, 1st 1975. 8 Ultimately, the pressure for actions along this l i n e w i l l have i t s e f f e c t on l e g i s l a t i o n . Whether the elimination of advertising directed at children under age 13 only; while children continue to be exposed to messages not meant for them would be e f f e c t i v e i n achieving the desired protection or not remains to be seen. It can be said that children are expected to be shut away i n a world of t h e i r own and not be affected by a c t i v i t i e s happening outside their walls. I t would seem that the ' s p i l l over' e f f e c t s of other advertising messages on children would be the main concern in the next two or three years. The action taken by the C.R.T.C. i n ordering the C.B.C. to eliminate advertising directed at children and radio advertising i n general i s a warning signal to the rest of the advertising and broadcasting industries. Now i s the time that they s t a r t making constructive and reasonable measures to ensure that they are not 'locked i n a c o l l i s i o n course' with the very culture and society i n which they are operating i n . It should be recognised that a strong working relationship and cooperation between l e g i s l a t i v e agencies and industries are desirable. The former 106 should r e f r a i n from taking an 'out-to-get-them• attitude towards the l a t t e r ; and the other should not take on a 'persecution probia'. Objective, v e r i f i a b l e standards of regulation coupled with l i c e n s i n g of advertising agencies to ensure e f f e c t i v e s e l f -regulation would be a plausible alternative to a battlefront. fi liason between these two by the mediative e f f o r t s of independent consumer associations i s also desirable. Everyone, at one time or another, i s annoyed by objectionable advertisements or entertained by creative ads. What we are apparently so concerned about i s that we know we are ea s i l y persuaded by the advertising messages and we are uneasy about our l i t t l e dark corners of our unknown psychological depth , being exposed and manipulated so e a s i l y . Even the admen are subjects of such persuasion. It i s the fear of the unknown that drive us to such uneasiness. Is i t not then, that the outcry for protection aimed at children from such persuasive messages a unconscious cry f o r protection for ourselves? I f we were enterprising enough, maybe we could work out alter n a t i v e s to our present consumption orientated society and to advertising as a means to increase wealth accumulation. Either we l i v e with i t , control i t or eliminate i t . U n t i l we find a l t e r n a t i v e s to our present system, we better f i n d means to control i t so that we can l i v e with i t . 107 FOOTNOTES _ _ i l _ _ _ _ _ _ 2 £ 1. Idem, The Effectiveness of the I.L.O. Management Development and Productivity Projects Management _§_§l2£___i____i____2__2 Geneva 1965 2. Boyle,H. Responsibility of Broadcasting 0s2ood_Hall_Ia_ Journal 8:120 1968 3. Boyle,H. supra, fn. no. 2 4. Jones,M,G. The Cul t u r a l and Social Impact of Advertising on American Society Os_ood_Hall_L^ 8:81 1968 5. Cohen,D. H. Thg_Learnin_ Child p p . x i i - x i i i Chaper__ 1. Himmelweit,H. et a l ?el.vi_i2-_§--„_-_„_J}_1_ London: Oxford University 1958 Schramm, W.et a l Televisionaln the_^ Stanford: Stanford University press 1961 2. Schramm et a l , supra, fn. no.1 of t h i s chapter 3. Schramm et a l , supra, fn. no. 1 of t h i s chapter 4. Schramm et a l , supra, f n . no.1 of t h i s chapter 5. Schramm et a l , supra, fn. no.1 of t h i s chapter 6. Himmelweit et a l , supra, fn. no.1 of th i s chapter 7. See l a t e r section in th i s chaper: Why Children Watch Television pp. 12 8. Himmelweit et a l , supra, f n . no. 1 of this chapter 9. Furu,T. Television and Children's L i f e : a Before-After Study ilajga n_B r o a d c as t i Television_Culture_Resear 1972 10. Schramm et a l , supra, fn. no.1 of t h i s chapter 11. Coffin,T.E.Television's Impact on Society American P§I__2l2ai__§ 10:630-641 1955 108 12. Schramm et a l , supra, fn. no.1 of this chapter 13. Schramm et a l , supra, fn. no.1 of this chapter 14. Steiner,G.A. _!_e___2Bl§^L.gg-,.-_-T§„gg-g495 New York, Knopf 196 3 15. Maccoby,E. Tel e v i s i o n : i t s Impact on School Children £_£l__!__Ei_i2__2__I_-?_i- 15:421-444 1951 16. Himmelweit,et a l supra, f n . no.1, pp 15 17. Schramm, et a l supra, fn. no.1 of t h i s chapter, pp.57-58 18. Maccoby,E. Why do Children Watch Television? Public _£i__2__2_a___I_I 18:2401953 19. Content Analysis of Programs Preferred by Children _2________I______2__£ Research_Institute 1960 20. Greenberg,B. The Content and Context of Violence i n the Mass Media in Baker and H a l l ed. of Violence_aj_d_the Media 423-4 52 " 21. Head,S. Content Analysis of TV drama Programs Quarterly of__ilm_____io_a 9:175-194 1954 22. Himmelweit et a l , supra, fu. no.1 of this chapter 23. Gentile,F. et a l Television and Social Class Sociology iM__2£ial__esearch 45:259-264 1961 24. Abram,M. Child Audience for Television i n Great E r i t a i n _2M____i§I_2uarterly 33:35-41 1956 25. Greenberg,B. et a l Racial and S o c i a l Class Difference i n Teenagers' use of Television Jgurnal_of Eroadc__stin_ 13:3331-3344 1969 26. LeScicito Study as quoted i n Teleyisio__and_G The_Impact_of_Teleyised_Violence U.S.A.:Department of Health,Education and Welfare, Public Health Services Publication 1971 27. Lyle e Hoffman Study as quoted i n T e l e v i s i o n ^ _Bl.„„g..-_-a£t_pf •-glgylsg^__ioi egg__ supra, f n . no.26 of t h i s chapter 28. Mendelsohn,H. Mass.Entertainment New Haven: College S University Press, 1967 109 29. Halloran,J.D. attitu_g_Format Leicester,Leicester University Press, 1967 30. This can be demonstrated by a study of R. Pollay et a l . In that study, i t was found that child-centered mothers tended not to buy pre-sweetened cereal for t h e i r children, even though they were requested to do so . 31. Feshbach,S. The Drive Reducing Function of Fantasy Behavior Journal of^Abnormal and_Social Psychology 50:3-12 1955 32. Maccoby,E. supra, f n . no.15 of this chapter 33. Studies by Bandura,A.,Maccoby,E. et a l and Siegel,A. 34. Study by Lefkowitz et a l as quoted in Television_and 5_2_iS_l-_E supra, fn. no.26 of this chapter Study by McLeod, supra, fn. no.26 of t h i s chapter 35. By ' i d e n t i f i c a t i o n ' , i t i s meant that the experience of being able to put oneself so deeply into a t e l e v i s i o n character, f e e l s oneself to be so l i k e the character, that one can f e e l the same emotion and experience the same events as the character i s supposed to be feeling and experiencing. 36. As quoted i n the Vancouver Sun, October 12 1973 37. Ward,S. Advertising and Youth, 2 Studies, Sloan __n_«2_:a_:_t_Eg_i_:_ 1^: 63-82 F a l l 1972 38. Ward,S. Children and Promotion: New Consumer Ba 11leg ro und? _arke_i_q_Sci_nc March 1972 3 9 » BfO-^castincj 68:May 31 1965 40. Pollay,R. et a l The Influencing Role of the Child i n Family Decision Making Journal_of Marketin__Research F 1968 p.70 _:^ 3J2_:_:I__ (See Appendix III for explanation of footnotes style)" 1. 14-15-16 Eliz.2,S.C. 1966-67 C.87 2. 17-18 Eliz.2,S.C. 1968-69,C.42 110 3. R.S.A. 19528C. 19 1 4. 17-18 Eliz.2,S.C.1968-69,C.17 5. 18-19 Eliz.2,S.C.1969-70,C.34 6. 1-2 E l i z . 2,S. C. 1952-53 C.38 7. 1-2 Eliz.2,S.C.1952-53,C.49 8. 16-17 Eliz.2,S .C.1967-68C.25 9. B i l l C-180, 28th Parliament, 3rd Sess., 19-20 E l i z . 2 1970-71 10. R.S.C.1952 C.314 as from time to time amended 11. S.5A added by S.B.C. 1969 C.5S.5 12. S.7 added by S.B.C.1969 C.5 S.5 13. S.15 added by S.B.13. S.15 added by S.B.C.1970 B i l l 16, S.1 14. S.Q. 1971 C.74 15. S.A.1969 C.20 S.4 16. S.N.B.1967 C.5 17. S.0.1966 C.24 18. S.B.C.1967 C.14 S.14 19. Supra, fn. no.15 of thi s chapter 20. Supra, fn. no.16 &17 21. S.N.S.1968 S.5 22. Supra, fn. no.16 of t h i s chapter 23. S.P.E.I.1967 C.16 24. S. N.1969 B i l l 23 25. R.S.N.S.1967 C.53 26. Supra, fn. nos. 21 8 24 27. Supra, fn. no.17 111 28* Supra, fn. no. 18 29. R.S.M. 1970 C. 200 S.24(1) 30. Supra, fn. no.14 31. S.O. 1966 C.24 S.31 32. S.O.1966 S.1 (mSb) 33. S.Q.1971 C.74 S.60 34. S.Q.1972 S.11.52 35. Combines Investigation Act, S.37 36. S.Q. 1972 C.74 S. 11.53 37. S.Q. 1972 C.74 S. 11.51(b) 38. S.Q. 1972 C.74 S.11.55 39. S.Q.1971 C.74 S.76-79 40. S.Q.1971 C.74 S.102(o) 41. S. Q.1971 C.74 S.114 42. S.Q. 1971 C.74 S.117 43. Supra, fn. no.7 44. Section 52 of the Trade Harks Act provides that i t can award damages, give an injunction and determine what to do with respect to the di s p o s i t i o n of any offending wares' packages, labels and advertising materials. Under the Combines Investigation Act, the penalties are fines and/or imprisonment, sometimes injunction would also be granted. 45. Canadian Converters' Co. Ltd. V. Eastport Trading Co. Ltd.(1968) 73 0. L. B. (2nd) p.149 46. Building Products Ltd. V. B. P. Canada Ltd. (1961) Fox Pat. C.130 47. P r a i r i e Maid Cereals Ltd. V. Gillman (1959) Ex.C.R.423 48. Supra, f n . no.44 of t h i s chapter 49. S.C. 1952-53 C.38 S9(1) 112 50. S.C. 1952-53 C.38 S.10(1) 51. S.C.1952-53 C.38 S.5 & 6 52. Supra, fn. no. 2 of t h i s chapter 53. Supra, fn. no. 8 of t h i s chapter 54. These ' p o l i c y 1 guidelines are being issued by the Eroad of Broadcaster Governors Ci r c u l a r No.95 Nov.5 1963 55. Supra, fn. no.10 Sections 36 S 37 56. Address to the 64th General Meeting of the Proprietory Association of Canada, Sept. 26 1960 p.18 57. Address to the Executive Seminar, School of Eusiness Administration, University of Toronto, June 18 1962 p.17 58. B. V. Simpson-Sears Ltd. (1971) 65 C. P. R. P.92 59. R. V. Carmen Jewelry Mfg. Co. May 16 1967, Court of Sessions,Quebec City, unreported 60. R. V. Amenblement Dumonchel Furniture Ltd. (1970) 15 McGill Law Journal p.671 61.,Supra, fn. no.59 of th i s chapter 62. R. V. Mountain Furniture Co. (1966) 15 McGill Law Journal 662 63. 58 C. P. R. P.56 (1969); Rev'd (1971) 65 C. P. R. 892 64. R. V. M i l l e r s ' TV Ltd. (1968) 56 C. P. R. 237; R. V. Pattons' Place Ltd. (1968) 57 C. P. R. 12 65. (1963) 2 0. R. 107 (Mag. Ct.) Rev'd. (1964) 0. R. 103; 66. (1969) 54 C. P. R. 190; Rev'd (1969) 1 0. R. 73 67. R. V. Thomas Sales Agencies (1963) Ltd. (1969) 2 0. R. 587; 58 C. P. R. 210 68. (1969) 15 McGill L. J. 658 69. R. V. R.5A. Cohen Ltd. (1965) 15, McGill L. J. 659 70. (1969) 15, McGill L. J. 680 71. R. V. Beamish Stores Co. 1970 62 C. P. R. 97; Rev'd 1970 113 63 C. P. R. 152 72. A l l i e d Tower Case (1969) 15, McGill L. J. 654 73. Colgate-Palmolive Case (1969) 1 0. R. 73; C. P. R. 221 74. Supra, fn. no.64 75. (1968) 57 C. P. R. 12 p. 16 76. (1970) 64 C. P. R. P. 3 77. Supra, fn. no. 76 p.4 78. U. S. House of Representatives,Committee on Interstate and Foreign Commerce, Hearing on Cigarette l a b e l l i n g and Advertising 9 1st Congress, 1st Session 1969 79. (1965) 2 0. R. 628 p.631; 46 C. P. R. 239 p. 242-243 80. B i l l C-227 31 .1 (1) 81. As quoted i n the Canadain Code for Advertising Standards 82. Supra, fn. no.80 83. Supra, fn. no.80 _ _ _ _ _ _ _ _ _ 1. See chapter 1 p.26 2. See chapter 1 p.26 3. See Appendix 2 for a complte version of the Code 4. See chapter 1, footnote no. 38 Cha£ter_4 1. S.C. 1968-69 C.42 2. S.C.1967-68 C.25 3. S.C. 1952-53 C.38 4. S.Q.1971 C.74 114 5. See Appendix 2 6. Cohen,D. H, _he__earnin p.66-69 7. See chapter 1 p. 12 8. See chapter 1 p.12 9. Schramm et a l supra, fn. no.1 of chapter 1 Chaj_ter_5 1. S. Q. 1971 C.74 S.11.53 2. See chapter 1 : Television and S o c i a l i z a t i o n 3. Z i g l e r , E . and C h i l d , I . S o c i a l i z a t i o n i n lindzey,et a l eds of The_,H„n_„ook_gf_ Soci____SYchglog__yg_.2 4. Brim,A.G. J r . Personality Development as Bole Learning i n Iscoe, J. Et a l eds of P e r s o n a l i t y ^ Children 5. Halloran, J . D. Attitude Formation and Change Leicester, Leicester University Press 6. See chapter 1 7« 66:50 June 15 1964 8. S.Q.1971 C.74 S.11.53(o) 9. Huxley,A. The_Braye__gw_World Harpers and Brothers 1962 _________ 1. Chase, H. as quoted by Packard,V. in TJ3e_Hidden _____.§____• p. 207 2. M i l l e r , C. as quoted by Packard, V. supra, fn. no.1 of this chapter 3. S.Q. 1971 C.74 S.11.53 4. Speech to IAA's 21st World Congress i n 1969 5. Jones, M.G.supra, fn. no.4. Of Introduction 115 6. Studies by Lefkowitz and Mcleod, supra, fn. nos.34 5 35 of chapter 1 7. Study by Pollay,R. supra, f n . no.40 of chapter 1 8. The C.B.C. was ordered by the C.R.T.C. to eliminate radio advertising and t e l e v i s i o n advertising directed at children by January 1st 1975. Children advertising i s deemed to include advertising directed at children under the age of 13 only. 1 16 Papers and_Essays 1. . Horwich Hits Dse of Kids in TV ads. Aimed at Adults Bewilders Them Adv__A_e 38:3+ My 1 67 2. . Ads Manipulation Helps D i s l l u s i o n Youth ASA Told Ad_j__A_e 39:1 Mr 25 68 3. . Cash Registers Ring for Toy Makers who Think Television Adv__A_e 39:77-78 Je 24 68 4. . Aim Toy ads at Adults, not Kids, Parents Group Says, Admen Doublious Ad___l3_: 41:12 Ag 17 70 5. . K i d d i e TV Programs, Food ads get Additional C r i t i c i s m at Symposium ________ 41:60 N 9 70 6. . TV ads not Normally Disruptive to Children's Development Ady__A_e 42:83-88 N 5 71 7. •-. Kellog C a l l s FTC Order Devastating Adv___A_e 43:8 Ja 31 72 8. . ANA Guidelines for Kid's TV w i l l Reveal Increase S o c i a l Awareness A____A_e 43:2 J l 3 72 9. . Advertisers on Kid's TV need a Good Offense Adv._A_e 43:50 J l 17 72 10. . Toy Makers Prepare for Battle with Code Board ________ 43:3 0 9 72 11. . T a l k of Liquor, Cigaret ads Ban Repeal i n B. C. i s not Exciting Many AdZ__A._e 43:2 0 23 72 12. . ACT Sets 78 for Ad Ban on Kid Shows A___ A_e 43:74 N 6 72 13. . B . C . Repeals i t s Ad Ban, Plan others S t r i c t u r e Adv__A_e 43:74 N 6 72 14. . Business Advisors ask for Less Government Restraint on Ads ________ 43:2 N 13 72 15. . New Regulations for Cigaret ads Issued in B. c» ________ 43:98 N 13 72 117 16. . Self Regulation Better for Kid TV, says FCC's Hooks Ady____e 44:8 F 5 73 17. . Canada Cig Sales up Despite Broadcast Ban Adv. Age 44:136 F 23 73 18. . Quality Kid TV must Have Ads Adv_ Age 44:3 Mr 1 9 7 3 19. . Canada Parliament Weights Ban on Ads for Kiddie TV A_y__A_e 44:139 Ap 23 73 20. . Se l l i n g Yes, Exploitaing No, on Kid's TV Adv. Age 44:55 My 14 73 21. . Australians ready Guides on Kid TV Ads Ady_ Age 44:38 J l 30 22. . FTC plans Industry Meeting to Set Children's TV ad Bules Adv__Age 44:1 Ag 6 73 23. . Admen, Consumerists to Study Children's TV Adv__A_e 44:1 Ag 13 73 25. . S e l l the Kids, S e l l the Parents Broadcasting 68:32 May 318 1965 26. . Sophisticated c h i l d Audience Broadcasting 69:42 July 19 1965 27. . Code Board Talks of Rules f o r Advertising aimed at Young Broadcasting 83:23 Oct 23 1972 28. . ACT Complaint h i t s Broadcasters and Vitamin Makers Broadcasters 82:30 June 5 1972 29. . Cry for Ad Reforms Grows louder Broadcasting 84:20 Mar 5 1973 30. . FTC Explores Children and Advertising Broadcasting 81:19 Nov 15 1971 31. . Children's TV: Much Talk, Few Answers __°__c__ti_g 83:30 Oct 9 1972 32. . Cereal Executives Defend Products and TV Advertising Broadcasting 84:42 Mar 9 1973 33. . Vitamin Makers Drop Commercials Aimed at Young !_o__£a__i__ 83:31 July 24 1972 34. dabating Advertising and Children's TV 1 18 S l _ _ _ c _ s t i n _ 81:43 Oct 25 1971 35. . ANA puts i t i n Writing on Children's Advertising Broadcasting 82:23 July 10 1972 36. . Cutback i n Commercials for Young Broadcasting 82:32Jan 10 1972 37. . Code Guidelines f a i l to Satisfy McGovern on TV Food Ads Broadcasting 84:28 June 18 1973 38. Alemson.M. A.Advertising and the Nature of Competition i n Oligopoly over time, a Case Study Economics Journal 80:282-306 June 73 39. Bauer,B. A.The I n i t i a t i v e of the Audience Journal_of __I§I_i_i_g__§:__;_£__ June 1963 40. Burney,D. Antitrust and the Relation Between the Economy and Government Conference_groad_Record 6:21 Aug 1969 41. Cohen,D. FTC and the Regulation of Advertising i n the Consumer Interest _o_rn_l__f__a 33:40-44 Jan 69 42. Cohen,R. I. Misleading Advertising and the Combines Investigation Act McGill__aw_Jour^ 15:622 (1969) 43. Cohen,R. I. Comparative False Advertising L e g i s l a t i o n ; a Beginning Canadian_Patent_Reporter 6:68-141 (1972) 44. . Content Analysis of Programs Preferred by Children _onthly_Bulletin Research^Institute 10 1960 45. Frielderes,S. S. Advertising Buying Patterns and Children _o__nal_of_Adye 13:34 F 73 46. Henry,D. H. W. Special Senate Committee on Mass Media Q_£__i_____M___B§_2I___ 2:150-178 47. Loevinger,L. Attack on Advertising and the Goals of Regulations Conference_Broad_Record 10:23-28 Ja 73 48. . Committee Statement on Violence i n Television Entertainment Programs Natignal_Commission 49. Quinland,J. J. Combines Investigation Act: Misleading Advertising and Deceptive Practices Ottawa_Law Review 5:277-295 50. Rose,S. F. Consumer Class Action - a Comparative 11 Analysis of Legislature Journal of Consumer A f f a i r s 5:140-155 Winter 1971 51. Smith,L. C. Local Station l i a b i l i t y for Deceptive Advertising Journal., of _ Broadcasting 15:107-113 Winter 1970-1971 52. Stern,L. L. Consumer Protection via Self Regulation ________2__________2 35:47-53 July 1971 53. Tiebilcock,M. J. Private Law Remedies for Misleading Advertising U n iye r _____ of _ Tor 013 to Law Journal 22:1-32 1972 54. Ward,S. Children's reactions to Commercials Journal of 12:37-45 Ap 1972 55. Young,R. Television in the Lives of our Children Journal 2l__?I2__castin_ 14:37-46 69-70 56. Younger,J. W. A Fresh Look at the Combines Investigation Act Business,Quarterly 34:75-84 Spring 1969 57. Ziegel,J. S. The Future of Canadian Consumerism Canadian Bar Review 1973:191-206 Research A r t i c l e s 58. Burmester,D. Language of Deceit:with Guide to Learning A c t i v i t i e s _e_i______th__s 9:22-25 May 1973 59. Coffin,T. E. Television's Impact on Society American _____2_2____ 10:630-641 1955 60. Choate,R. B. Pressure on the Airways: Advocacy of Infer i o r Foods and Exploitation Children_Today 2:10-11 Ja 1973 61. Dickens,M. Mass Communication;Effects of TV on Children Review of: Education Research 34:215-216 Ap 64 62. Feshbach,S. The Drive Reducing Function of Fantasy Behavior Journal_of Abnormal and Sgcial_Psychology; 50:3-12 1955 63. Gentile,F. & Miller,S. M. Television and S o c i a l Class Sociology and Social Research 45:259-264 1961 120 64. Greenberg,B. et a l Racial and S o c i a l Class Difference i n Teenagers' Ose of TV Journal of Broadcastin_ 13:3331-3344 1969 65. Hartley,R. L. The Impact of Viewing 'Aggression' Studies and Problems of Extrapolation _§w__ork_Columbia Broadcasting_Systern_ Office_of_social_Research 166. Head,S. Content Analysis of TV Drama Programs Quarterly o f _ F i l _ x _ _ a d i o _ 9:175-194 1954 67. Hess,R. et a l Parents'views of the E f f e c t s of TV on t h e i r Children Chil__Deyelo£_en 33:44 68. Highlander,J. P. Business and Broadcasting National Association of Secondary_Schco1_Princi_a1s B u l l e t i n 50:59-63 0 66 69. Kirshrer,G. Start where the Child is;Using Television to Teach the Child Eleme_t_ry_En_ 46:955-958 N 1969 70. Knowles,A. F. Notes on Canadian Mass Media Pol i c y £2RJtinuous__earniji5:251-261 71. Kosloski,P. What Children Learn from Commercial TV Education 83:113-117 0 6 1962 72. Kronick,D. Television, the Opiate of our Children Acad. Therapy 6:399-403 Sum 1971 73. Krugman,H. E. The Impact of TV Advertising Learning Without Involvement PubJ.ic_0_inion_2uart^ 29: 349-356 1965 74. Lovaas,0. J. E f f e c t of Exposure to Symbolic Aggression on Aggressive Behavior Child_Deyelo__ 32:37-44 1961 75. Lunstrum,J.P. et a l Commercial Television i n the Teaching of the Social Studies Social Ed. 33:154-160 F 1969 76. Maccoby,E. T e l e v i s i o n : i t s Impact on School Children P _ _ l i _ _ 0 _ i n i o _ _ _ 15:421-444 1951 77. Maccoby,E. et a l The E f f e c t of Emotional Arousal on the Retention of Aggressive / non Aggressive Movie Content ___I__i__l!_I___l2_I 10:359 1959 78. Mackenzie,F. C. La Cri t i q u e de l a Radio et de l a Television aux Etats-Unis et en Grande-Eritagne Communication 185-210 1969 79. Maccoby,E. Why do Children Watch Television? Public 121 _£____-_____I_.__l_ 240 1953 80. Matin,C. E. Te l e v i s i o n : the Misunderstood Medium Media 1:6-7 N-D 1969 81. Mason,G. E. Children Learn Words from Commercial TV __ _ _ _ _ t _ _ _ _ _ c _ o o l _ J o _ r _ _ l 65:318-320 Mr 1965 82. Noble,G. Concepts of Order and Balance in a Children's TV program Journalism_2uart 47:101-108 1970 83. Osborn,D. K. Emotional Reactions of Young Children to TV Violence C ^ i M - P e - S l o E S e - i 42:321-3 31 M 1971 84. Olson,J. Professional Looks at Media Media &_Methods 8:74 0 1971 85. . I_iS_i_ion_and_Gr Teleyised_Violence 0. S.""Department of~Health7Education and Welfare, Public Health Services Publication 1971 86. Robinson,J. P. Television and Leisure Time, Yesterday,Today, and (maybe) Tomorrow Public Opinion _ _ _ r t e r l _ 33:210-223 19 65 87. Searle,M. L. Deceptive TV advertising : Colgate & Palmolive Case S_cial_Education 31:703-714 D 1967 88. Smythe,D. W. Reality as Presented bt TV Public_Cpinion Quarterly 18:143-156 1954 89. S i e g e l , a . Films:Mediated Fantasy, aggression and Strength of aggressive Desire Child Development 27:365-378 1956 90. Sprigle,H. a. Who Wants to Live cn Sesame Street Youn_ ________ 28:91-109 D 1972 91. Therr,C. L. Young at Heart: an Evaluation of Children's ETV on the CBC _ _ _ _ _ _ _ _ _ _ _ _ t e r l y 4:39-52 Sum 1971 92. . Parental Duty and TV Times_Ed_ Supp 2423: 3656 0 27 1961 93. . Children and Television Times Ed. Supp_ 2412:67 ag 1 1961 94. . Television and Children Soviet Discussion ____________££_ 2188: 126 Ja 25 1963 95. . Window on the World:Television»s Re s p o n s i b i l i t i e s Time__Jd__Supp_ 2497: 657 Mr 28 1963 122 96. . Survey Doubt over Sesame Street Times_Ed. Su___ 3013: 17 F 23 1973 97. Ward.S. et a l Children's purchase Influence Attempts and Parental Yielding Journal_of Marketing Research 9:316 Ag 1972 98. Ward.S. Advertising and Youth: Two Studies Sloan _M_S__£_t___yi__ 14:63-82 F a l l 197 2 99. Winston,S. Children and the Mass Media Children 17:242 N 1970 100. Witty,P. Some Results of 12 Yearly Studies of Televiewing Science_Eduatign 416:222-22. 101. Witty,P. Effects of Television on Attitudes and Behavior Eduction 85:98-105 102. Witty,P. Children of the Te l e v i s i o Era Elementary English 44:528-535 My 1967 ' 103. Witty,P. Children of the Television Era Elementary English 44:52 8-535 My 1967 104. Furu,T. Television and Children's l i f e : a Before-After Study __£_2__£2___a__i_ £___!___ 1972 105. Ward,S. Children_and_Promotion:New Consumer Battleground March 1972 Books 106. Amstell,I. What You Should Know About Advertising New York: Oceana"1969 83p 107. Arons,L. et a l Teley_sign_and_Hum Research_in_Mass_Cgm New York : Appleton-Century-Crofts" 196 3 307 p~ 108. Bauer,R.a. et a l A_ye_tising_i View Boston : Division of Research, Graduate School of Business Administration, Harward University 1968 473p 109. Bluem,A. W. et a l Television__th__Crea_ New York : Hastings House "l967~328p~ 110. Buzzi,G. Adyertisincj: i t s Cu l t u r a l and P o l i t i c a l Effects Minneapolis: U. of Minnesota Press 1968 123 111. Canadian Consumer Council Co__ent__o__th 112. Canadian Consumer Council _ra n s c _ i _ t _ o f 1970 113. Canada, Special Senate Committee on Hass Media G<_od_ Bad,_or_S imply _Inevitable Ottawa : Queen's Printer 1970 114. Meredith Law Lectures Series Combines_La__and_PolicY_ _i___i__Can_d_ 1971 115. Advertising 1971 §e.ring_Before_t_e_Committee_on Commerce United States Senate 116. Engel,J. et a l Consumer^Behavior New York : Binehart and Winston 1968 652p 117. Firestone ,0. J. _he_Ecj_nomic_I_ Toronto: Methuen 1967 118. Firestone,0. J . The_Public_Persuader Toronto: Methuen 1970 258p ~ ~ ' 119. Firestone, 0. J. Broadcasting and Future Growth Ottawa : University of Ottawa Press 1966 258p 120. Galbraith,J. K. _he_Af fluent^ New York: New Ameican Library 1958 286p 121. Galbraith,J.k. The New_Industrialistate Boston: Houghton M i f f l i n 1967 427p ~ ~ 122. Halloran,J. 0. Attitude_Fornation and Change Leicester: Leicester University 1967 ~ " ~ 123. Himmelweit,H. et a l Teleyisio__an__t Oxford : Oxford University Press 1958 522p 124. Howard,J. et a l The_Theory of Buyer Behavior New York : Wiley 1969 459p 125. Ingl i s , F . The Imagery_of_Power London : Heinemann 1972 139p 126. Katona,G. The Powerful Consumer New York : McGraw H i l l 1960 276p ' 127. Mathers,L. L. Economicsof_Consumer Danville, 1 24 111. : Interstate P r i n t e r s 6 Publishers Press 1971 140p 128. McCarthy,E. J. _°____________2______§___g_i_____ ________________ Columbus,Ohio: Grid Inc. 1971 119p McLuhan,M. 0nderj_tandin_[ Media Sew york : McGraw H i l l 1964 359p McLuhan,M . The .Gutenberg Galaxy: The Making of Typographic man Toronto: Toronto University Press 1962 293F Repor ts_of _the D i r e c o t r o f Investigation and Research^ Report_of_t_e_Roya In f l a t i o n 133. Schramm,W. et a l Television_in_the lives_of_Our.Children Toronto : University of Toronto Press 1961 324p 134. Steiner,G. The__eople_Look_at_Te New York : Knopf 1963 422p 135. Packard,V. TheHiddenPersuaders London : Penguin 1968 136. . __ii__gO^§_d_Teleyision Washington D. c. Association for Childhood Education, International B u l l e t i n 1967 137. . Teleyision_for_Children Boston : Foundation for Character Education 138. Lindzey,G. et a l The_Indiyidual_ Cambridge : Mass. Addison-Wesley 1954 139. Iscoe,J. Pgrgonality__gyglopment_in_Children Austin : University of Texas Press 1960 140. Huxley,A. The_Braye New World London : Harper & Brothers 1962 141. Pollay,R. et a l The Influencing Role of the Child i n Family Decision Making Journal_of_Marketint__Research 70 F 1968 129. 130. 131. 132. 1 2 5 APPENDIX I Kxtrait «U> In (lasrtle officirlU </n QuffotY, on tin 11 novciiiltre 11)72 A.C. 3268-72, du 31 octobre 1972 L O I D E L A P R O T E C T I O N D U C O N S O M M A T E U R (L .Q . 1 9 7 1 , ch. 7 4 ) Publicite destinee aux enfants Present: Le lieutenaht-gouvcrneur er»conseil. CONCERNANT la publicite destinee aux enfants. ATTENDU QUE le paragraphe o) de Particle 102 de la L o i de la protection du consommaitcur ( L . Q . 1 9 7 1 , ch. 7 4 ) , permet au liculcnant-gouverneur en conseil d'adopter dcs reglcmcnls: « o) pour ctablir dcs normes concernant la publicite au sujct de tout bien faisant ou non Fobjet d'un contrat ou credit, spccialement toute publicite destinee aux enfants; •> ATTENDU QUI:, par I'arrete en conseil 1 4 0 8 - 7 2 du 2 4 mai 1 9 7 2 , public dans la Gazette officdelle du Quebec du 1 0 ju in 1972. (p. 4 7 4 7 ) lc licutertant-gouverneur en conseil a edicte un reglement gcneraB sous I'autorite de la Lo i de la protection du consommatcur; ATTENDU QU'II y a lieu de modifier ce reglement general en y inserant une section visant la publicite destinee aux enfants; I I EST ORIHINNE, en consequence, sur la recomman-dation du ministre des institutions ftnancieres, compa-gnies et cooperatives: Q U E le reglement ainsi adopte entre en vigueur conformement a son article 2. Le Greffier du Conseil executif, JSJLIEN C l l O U l N A R D . Reglement modifiarit le Reglement general adopte sous I'autorite de la Loi de la protection du consommaaeur I. Le Rcglcmcnt general, adoptc en vcrtu de la L o i de la protection du consommatcur parl 'arrete en conseil N o . 1 4 0 8 - 7 2 du 2 4 mai 1972, est modif ie en inserant, aprcs la section X I , la suivante: SECTION X I - A Publicite destinee aux ensfants I I . 51 Dans cette section, a moires que lc contexte n'indique un sens different. Ics mots suivants signifienl: a) « publicite » : toute representation publicitairc faite • dans un but commercial: b) « enfant »: toute pcrsonne agee de moinsde 13 ans; K t l met from l l i r Qitlbcc Official (hwlteot Novomlx-r 11, 11)72 O.C. 3268-72, <31 October 1972^ > ( C O N S U M E R P R O T E C T I O N A C T t (R.S.Q. 1 9 7 1 , ch. 7 4 ) Advertising intended for children Present: The Lieutenant-Governor in Counci l RESPECTING advertising intended for children WHEREAS under subparagraph o of section 102 of the Consumer Protection Act (S.Q. 1 9 7 1 , ch. 7 4 ) the L ieu-tenant-Governor in Counci l may make regulations: "(o) to determine standards for advertising goods, whether or not they are the object of a contract, or cre-dit, especially all advertising intended for chi ldren;" WHEREAS under Order in Counci l 1 4 0 8 - 7 2 dated 2 4 May 1 9 7 2 , published in the Quebec Official Gazette o n ' 10 June 1972 (p. 4 7 4 7 ) , the Lieutenant-Governor in Counci l enacted a general regulation under the Consu -mer Protection Act; WHEREAS it is expedient to amend this regulation by inserting therein a division respecting advertising inten-ded for children; IT IS ORDERED, therefore, upon the recommendation of the Minister of Financial Institutions, Companies and Cooperatives: THAT the regulation annexed to this Order in Counci l be approved; THAT this regulation come into force pursuant to sec-tion 2 of the said regulation. J u U E N C l l O U l N A R D , Clerk of the Executive Council. Regulation amending the General Regulation under the Consumer Protection A ct. I. The General Regulation made pursuant to the Consumer Protection Act under Order in Counci l 1 4 0 8 -7 2 dated 2 4 May 1 9 7 2 is amended by adding the fol low-ing after Division X I : "DIVISION X I - A " Advertising intendedfor children II. 51 In this division, unless the context indicates a different meaning, the following words mean: (a) "advertising": any advertising of a commercial nature; (b) " c h i l d " : every person under the age of 13 years; c ) n marchand ise »: tout b ien faisant o u n o n I'objct d ' u n c o n t r a t o u credit . 11.52 N u l ne pcut , a u Q u e b e c , p reparer , u t i l i sc r , p u b l i c r o u fairc pub l ie r d c la p u b l i c i t e destinee aux e n f a n t s q u i est de loya le . fausse, t rompeuse o u f a l l a -c ieuse . 11.53 N u l ne peut, au Q u e b e c , p reparer , u t i l i scr , p u b l i c r o u faire p u b l i e r d c la p u b l i c i t e destinee aux e n f a n t s q u i : a) exagerc la nature , Ics caracter is t iques , le rende-m e n t o u la durcc d"une m a r c h a n d i s e : b) m i n i m i s e lc degrc d ' h a b i l e t e . I'age, l a force o u I 'adresse requis p o u r faire usage d"unc m a r c h a n d i s e ; c) c m p l o i e un super la t i f p o u r decr i re les caracter i s t i -q u e s d u n e marchand ise o u u n d i m i n u t i f p o u r en i n d i -q u e r l e c o u t ; d) c m p l o i e un c o m p a r a t i f o u e tab l i t une c o m p a -r i s o n ; e) inc i te fo rmel l cmcnt un enfant a acheter o u a i n v i -l e r une autre personne a acheter une m a r c h a n d i s e : / ) decons idere I 'autor i te. le j u g e m e n t o u les prefe -rences des parents ; g) rcpresente des h a b i t u d e s de v ie fami l ia le reprehen -s i b l e s ; h) a n n o n c e un p r o d u i t q u i , pa r ses nature , q u a l i t e o u usage o r d i n a i r e , ne dev ra i t pas etre a I'usage d ' u n e n f a n t ; » ) a n n o n c e un m e d i c a m e n t o u une spec ia l i le p h a r m a -c e u t i q u e ; j) a n n o n c e une v i t a m i n c sous f o r m e l i q u i d e , en •poudre o u en c o m p r i m e ; k) reprcsente une p e r s o n n e agissant d 'une facon i m p r u d e n t e ; /) reprcsente une m a r c h a n d i s e de f a c o n a en sugge-re r u n usage impropre o u d a n g e r e u x ; m) e m p l o i e une personne o u u n personnage c o n n u s d c s e n f a n t s , sauf s ' i l s 'agit d ' u n a c t e u r o u d ' u n presen-ta teur p r o f e s s i o n a l s q u i ne f igurent pas dans une p u b l i -c a t i o n o u un p r o g r a m m e dest ines aux enfants : n) e m p l o i e un dessin a n i m c o u une bandc i l lustree ( c a r t o o n ) : o) suggere que le fait d e posseder o u d 'u t i l i se r une m a r c h a n d i s e developpe chez un en fant un avantage p h y s i q u e , soc ia l ou p s y c h o l o g i q u e super ieur a ce lu i d ' u n e n f a n t de son age. o u que la p r i v a t i o n de cette m a r c h a n -d ise a u n effet con t ra i re , s a u f si cette suggest ion est v r a i e c n ce q u i a trait a I 'educat ion o u a la sante; p) a n n o n c e une m a r c h a n d i s e d ' u n e f a c o n telle q u ' u n e n f a n t s o i l faussement por te a c r o i r e q u e , p o u r le p r i x o r d i n a i r e de cette m a r c h a n d i s e , i l peut sc p r o c u r e r l ' e n s e m b l e des m a r c h a n d i s e s o u accessoires annonces . 11.54 L e s paragraphes i. J, m et n de I 'article 11.53 n e s ' a p p l i q u e n t pas a une p u b l i c i t e appara issant sur u n e m b a l l a g e , une et iquette o u une m a r c h a n d i s e . (r ) " c o m m o d i t y " : a l l goods , whether or not they are the object o f a cont ract o r c redi t . 11.52 N o one sha l l p repare , use, p u b l i s h , o r causefto be p u b l i s h e d in Q u e b e c adver t i s ing in tentcd for c h i l -d ren w h i c h is u n f a i r , fa lse, decept ive o r m i s l e a d i n g ^ 11.53 N o one s h a l l p repare , use, p u b l i s h o r c a u s e to be p u b l i s h e d in Q u e b e c adver t i s ing in tended for ch i l*^ d r c n w h i c h : (o) exaggerates the nature , character i s t i cs , p e r f o r -mance or length o f life o f a c o m m o d i t y : (/>) d c - c m p h a s i / c s the s k i l l , age, strenght o r dexter i ty necessary to use a c o m m o d i t y ; (<•) m a k e s use o f super lat ives to descr ibe the c h a r a c -teristics o f a c o m m o d i t y or m a k e use o f d i m i n u t i v e s to descr ibe the pr ice thereof : r (d) m a k e s use o f a e o m p a r i l e c l a i m o r establ ishes a I c o m p a r i s o n ; p - (p) express ly urges ch i ld ren to b u y , o r to request j another person to buy , a c o m m o d i t y ; L (/) bel i t t les parenta l a u t h o r i t y , j u d g m e n t o r p re feren -I ces; I (g) p o r t r a y s reprehens ib le f a m i l y l i fe o r c u s t o m s ; "~ (h) concerns a p r o d u c t w h i c h , by its nature , q u a l i t y or o r d i n a r y usage ought not to be p l a c e d at the d i s p o s a l o f c h i l d r e n ; (0 concerns a d r u g o r a p r o p r i e t a r y m e d i c i n e ; (J) concerns a v i t a m i n in l i q u i d , p o w d e r e d o r tab let f o r m ; (k) p o r t r a y s a person p e r f o r m i n g a n y unsafe act ; I (/) po r t rays a c o m m o d i t y in a m a n n e r suggest ive o f • improper or d a n g e r o u s use thereof ; r- (m) e m p l o y s a person or personage k n o w n to c h i l -J d r e n . except in the case o f a p r o f e s s i o n a l ac tor or a n -I nouncer w h o are not featured in any p u b l i c a t i o n o r p r o g r a m m e interned for c h i l d r e n ; (n) e m p l o y s c a r t o o n s : j (o) suggests that the possess ion or use o f a c o m m o d i -ty w i l l e n d o w a c h i l d w i t h p h y s i c a l , soc ia l or p s y c h o l o g i -ca l character is t ics super io r l o those o f his peers, o r . c o n -versely , that the lack o f possess ion o r use thereof w i l l have the o p p o s i t e effect, except i f s u c h sugges t ion , i n s o -•^far as it concerns e d u c a t i o n or hea l th , be t rue : ^ (p) i n t roduces a c o m m o d i t y in s u c h a contex t that a \ c h i l d w o u l d be falsely led to bel ieve that , for the regu lar j pr ice o f such c o m m o d i t y , he c o u l d o b t a i n a l l the c o m -- - -modi t ies o r accessor ies a d v e r t i z e d . 11.54 P a r a g r a p h s i,j, m a n d n o f sect ion 11.53 d o not a p p l y to a d v e r t i s i n g a p p e a r i n g o n a w r a p p i n g , a l a b e l , o r o n a c o m m o d i t y . 3 128 11.55 Pour determiner si une publicite est ou non destinee aux enfants, on doit tcnir comptc du contcxtc dc sa presentation ct considercr notamment la nature et la destination de la marchandise, la presentation de la publicite ainsi que le temps et I'endroit ou elle apparait. 2. L c present reglement cnlrcra cn vigucur a la date dc sa publication dans la Gazelle officielle du Quebec, sauf cn cc qui a trait au paragraphic c) dc Particle 11.53 lequcl cntreraen vigucur lc Icrjuin 1973. Ccpendant, au cas vise dans le paragraphe n de Parti-cle 11.53, I'emploi d'un dessin anime ou d'une bandc illustree qui a etc utilisee pour fin de publicite avant la date de publication de la presente section dans la Gazel-le officielle du Quebec est pcrmis jusqu'au ler scptembrc 1973. 11.55 T o determine if advertising is intended for chi l -dren, account must be taken of the context of the pre-sentation, and consideration must be given in particular to the nature and the iniented purpose of the commo-dity, the type of presentation and also the time and place where it is shown. 2. This regulation shall come into force upon the date of its publication in the Quebec Official Gazelle, except paragraph c Of seCU6n"Tr.53'Wrrrch shall come into force on I June 1973.. However, in the case contemplated in paragmph «i ^of section 11.53. the use of cartoon advertisements* which were already in use prior to the date of publ ica- i »,tion of this Division in the Quebec Official Gazette shall ^ _»p?rmiUcd_oiii4September 1943. 'Broadcast Code for Advertising to Children Background This Code has been designed lo complement the Canadian Code of Advertising Standards. It is a supplement to all federal and provincial laws and regulations governing advertising, including those regulations and procedures established by the Cana-dian Radio-Television Commission, the Department o f Consumer and Corporate Affairs and the Depart-ment of National Health and Welfare. The general principles for ethical advertising are outlined in the Canadian Code of Advertising Standards, and apply lo all advertising. The purpose o f the regulations of the Broadcast Code for A d -vertising to Children is to serve as a guide to adver-tisers in distinguishing between the s I character-istics of a child and an adult audience. The following o^.- .u' /ai ions agree to abide by the Broadcast Code l\;r Advertising to Chi ldren: Association of Canadian Advertisers Incorporated Canadian Association of Broadcasters Canadian Toy Manufacturers Association C T V Television Network • Institute of Canadian Advertising Radio Sales Bureau Television Bureau of Canada The code h;'s aKo bi.cn endorsed in piinciple by the Canadian Broadcasting Corporation. Definition ft is r c c g n i / - . d that "•children" is a relative term, in id th.-.s hi-.iiv. chilifren enjoy "adul t" piogramiues as fi'.vii'.ir,!;. as the) enjoy c o m . nl di'celed to the child atidiviict. I i ..' clauses in t in . ( ode refer to eom-iv. rc ia l itn.-•,v,i;,.,i broadcast specifically to children • : <.'.'. l.'.whe-.'ie. on children'*, or adult prograiirm's . and the word "advertisim/' n.-Kr*. lo such message.*.. LL Code Clauses 1. Factual Puscntali im Children, especially the very young, live in a world that is part imaginary, p u t real, and sometimes do not distinguish clearly be-tween the two. Advertisements should respect and not abuse the power of the child's imagination. (a) Written, sound, photographic and other visual presentations must not exaggerate service, product or premium characteristics, such as performance, speed, size, colour, durability, etc. (b) When advertising shows results from a diawing construction, craft or modelling toy or kit. the results should be attainable by an average child, and should not be professionally-prepared results that only a child with a very high degree of skill could hope to achieve. The foregoing docs not require the elimination of fantasy in advertising. Many childhood possessions become particularly meaningful as they are incorpor-ated into the child's fantasy world, and it is natural and appropriate to communicate with this audience through "mood settings." The purpose of this section is to assure that presentations shall not try to stimulate unreasonable expectations of product or premium performance. 2. Product Prohibitions Some products by their very nature should not be promoted to children. Therefore, (a) Drugs, proprietary medicines, and vitamins in liquid, powdered or tablet form must not be ad-vertised to children. (b) Products not intended for use by children must not be advertised to children, cither directly or through the advertising of promotions that are primarily child-oriented. 3. Undue Pressure upon Parents to Purchase- The purpose of most commercial content is to en-courage a purchase. Hovvevei. children arc generally not competent to make comparative buying decisions. (a) To avoid undue pressure, advertising, must not urge children to purchase, or urge them to ask their parents to make inquiries or purchases. (b) N o single commercial nor any segments thereof shall be presented more than once during any regularly scheduled progi amine. (This does not apply to broadcast "specials" which ate no! regularly scheduled.) A. Pro'.t-ntioii h> I'uv.rumiin C'h.i.i;utct mid IV.s i - c ! Fniliirsvinciits • The child's mind may r.ot alw,.;s distinguish between a buudcust i'rouiai,nr...- and :>,:<• niercial content or l.-.-iv.cen t h ; person:*! ir.f! -.-.r...e of performers ar.J i!;e intrih .'.z a*p,---;.! of they advertise. Product-, .•-•J-. ..-rti .ed to thi'dre;- v ..' ! be pro;::o:ed on their ov.i. n.-.-rii-'aiid il._r«.ff-r*-: fa) Pers'iiialities and cl/ii-r.ter» featured civ! Jren"*. programmes nur.t not l.e uved to prorsi'.te rr<, .!„.»>. premiums or services. (b) Cartoon character, and p:i; r::-. : r/,: ex-pressly promote prcdu.ts. pren iur.v. or scr . i This prohibition dues dot extend to - -..Mi: ser . icc announcements, f i r to factual -.ta'.crr.cr.ts about I . J - • ir it ional or cducatior.a! b*enc:'::s. fc) Persons and c h a r a - . - v . e l ' - k n o . ' . n to children must not be used to endorse products, premiur.-.s or services, except for professional actor-; or .ir.r.our.cers who are not featured on p.-ogrun.r.-.e-. ir.'.er.de-'J I'-.>.' children. 5. Price raid Purchase Terras - Price and purchu-e ten.is. when used, nv_-t be clear and cor.trv.'c. . Price should net be -..-.cJ as a spur.--.* of u:ch . i pressure to purchase. (a) Where the .*.'.*.*. er: U a retail org..-. ' / ; •' ". :•'-..* • price quoted nv.s' '-c : : price at - - h i . . I .• is sold in the re:.-..'. i/ation 's M . T C ••»- store-. (b) The cost should not re minimized as by the use c:' such words as "o:.h" o. ""ju<t". (c) When any peris tl. : a child might re.:-suppose to be part of the purcicse : re •'.. only at extra cost. thU must be ~ J: :'. \ r.;'-orally and visually. (d) When accessories a-c used in an ad. - . - . %-r-.T.: it must be clear that such accessories .>.-c •.."*: in -cluded in the purchase of tl:-.' p -oJret (c) Demonstrations arj . •Je>.*ip;:.,:!> -i c ' . . : ' ; . indicate thai assem'.*i> is require.!, when "' :•*!;; : normally be assyr-ied :'. at the ;;r;'.-:e wo- . c c. - -livcred assembled. 6. Comparison Claims Children sh.tre •':• .'.-.:.''s a desire for charge and variety, but i : \ \ •. etc not in a position to r.-... sure t!:e c - s c t. .v cr the family's ability to ..' -o:1.* the-v c s. (a) Toy advertise;, v.:'.- >'.'. ul rot r.vhc . v . c t co:v-parisons with the previous year's model, or with comp.'.itive makes evi.it when the state.". '••» or claims are valid b-.ea «uclt iclVivnc.**- «".•.'. .: dc * mine 'he child's v;'-!-1;. •••.•••t of fiese;". ; v . •'•>'.* '* l ! »s 'u i t may •eceiv.-.' ; v f i v % S.-« ty to t t !wc ' . . ' . ! i ..;.i.i-*-.s. - \ -vp'ot. • s i|'..i ! e l ' ! ' i '.s ., .' .*.. i -• COI.iiii.il!'».lli lis 4iie%i ev.i'.i .bi.i." • • so often introduce the children to products, and because >ome parents n u \ be unaware of the hazards that might exist through the misuse or abuse of products, media can contribute directly or indirectly to sound and safe habits. (a) Advertisements, except specific safety messages, must not portray adults or children in unsafe acts, e.g. playing inside a refrigerator or with matches, ignoring traffic regulations, accepting gifts from strangers, or under the influence of alcohol or narcotics. to) Advertisements must not show products being used in an unsafe or dangerous manner, such as adults transferring hazardous products from their original containers irv.o other containers which ch i l -dren associate as safe or related to f o o d or drink, e.g. pouring a hazardous product into cups, glasses or soft drink bottles. S. Socia l Values - Although many influences affect a child's habit development, it remains the prime responsibility of parents " to instruct a child in the way that he should go." Advertisers should ensure ' that they do not make the task more difficult. J 'a) Messages must r.ot reflect disregard for parental j authority or parental judgment or portray un-| desirable family l iving habits. (b» Advertising m w not imply that possession or of a product r.-.a'ves the owner superior, or that ..i'.hoat it the child will be open to ridicule or contempt. This prohibition docs not apply to true statements regarding educational or health benefits. (;> A n y material ber.sfits enjoyed should be inherent in the use of the product itself. 9. Substantiation Rt'juircd (a) \ \ here claims are made regarding specific product qualities—piri'oftrance, safety, speed, size, colour, durability, etc. —the advertiser must be prepared, on request from the enforcement bodies, to provide evidence supporting such claims. 10. Code AdtnitiN'.ration <::j Ei:fn cement 6. J:niulkiiun — The enforcement hodie. for th i i C o d : " . i i i bo the Children's Advertis-ing Sections o f the Advertising Standards Council • r.nylishj a n d !•; Cwr^cil dcs normes de la Publicite f l ' rc iv .hj i j vuWhh id t>> the Canadian Advertisinu Ad . i - " r> Hoard. " T i e Chi ldren's S v . i l ' . n of the Council, Conseil shall hive, live nt'.'mh.f's ine'iidiny al least two public r-rr^nhiiiH"!: *Aiv- ay nik'niiwrs may to nnmis Hated to ensure a ^ inUiUM T h e C o n s u m e r s Assucia-tion of Canada shall nominate two public representa-tives (and two alternate public representatives) for each of the Councils. In an emergency, a quorum may be three -members, a t least one of w h o r n shall be a public representative. The Council ,Conseil have jurisdiction only over commercials broadcast by Canadian stations or on behalf of Canadian advertisers. (b) Pre-clcarancc and Coimdtation-^Zo"broadcaster <§rhnlt-acccpC7tny~a"dVCriiSing's^ciRcany directed tcS> children" which has not received t h e prior approval of, th«•Advertising Standards Council or the Conseil dcs:} Normes. de l a Publicite. This pre-clearancc is not,1 j j ^ndr i tg rx for j idver t is ing that is purely local..' Because of the time and expense involved in creating television advertising, it is recommended that where a n y reasonable doubt exists about possible contra-vention of the Code, advertisers or their advertising agencies should submit ideas i n storyboard or script form. This is especially true of toy commercials and pro-motion and premium offers, where the peak selling season or concentrated promotion period tends to be short, and an advertiser deprived o fa i r time might find himself severely handicapped. (c) Inquiries and comments about t h e Code, and complaints regarding alleged violations, should b e made to the Children's Advertising Section, Adver-tising Standards Counci l , 1240 Bay Street, Suite 302, Toronto, Ontario M 5 R 2A7, or to le Departcmcnt dc la publicite" destinee aux enfants. Conseil des normes de la Publicite, Case Postale 35, Suc&Mont* Royal , Montreal 304, Quebec. Any member of the public may submit a complaint to the Children's Advertising Section of the Council/ Conseil or the Counci l as a whole, but telephone complaints wil l not be acted upon unless confirmed in writing. (d) Enftircenu'iit Procedure — If the C m ' d r e n * s A d -vertising Section of the Council. Conseil find that an advertisement is in breach of the Code, the member broadcasters have agreed that the offending ad-vertisement shall not be re-run and the advertiser and.'or his agency shall be so notified. (it) Effective lime This Code applies to'Mtt <:&%• mejjekirs d i r e c t e d archildrcn broadcast a f t e r ScptcivP? h&r.l. 1973.1 he Advertising Standards Counci l may, at i i s discretion, allow time for compliance for com-nnjfsiais provlttuoil prior to tho ititiumnccmoni of this Code. Broadcast Code for Advertising to Children The CwutJLm . issochttion of firoihlctisters VAssociation Ctiiuidieime dcs rtulioJiffuseurs Single copies of this code may be obtained free from the olVieiS of cither the Canadian Association of nroade . iMcis, P.O. Itov (07, Station it. Ottawa. or the C.ui.idi.m Advertising Standards Council. IM0 B.iv Street, Suite .'0e. I'oronto, Ontario M. ; R 2.V7. Hiitfe eopje> available, ill §3,00 i* iHi'.HSrvJ, May P»7J 131 III l^breviations_of_Statutes S. C. - Statutes of Canada S. A. - Statutes of Alberta S. B. C. - Statutes of B r i t i s h Columbia S. N. B. - Statutes of £New Brunswick S. N. S. - Statutes of Nova Scotia S. 0 . - Statutes of Ontario S. P. E. I. - Statutes of Prince Edward Island S. Q. - Statutes of Quebec C. P. R. - Canadian Patent Reporter D. L. R. - Dominion Law Reports 0 . R. - Ontario Reports Ex. C. R. - Exchequer Court Reports 

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