~ This post has been authored by the Editorial Team of The Writ Review.

Introduction

The advertising landscape in India has evolved significantly with the nation’s rapid economic development. As India strives to become a $5 trillion economy, there has been a notable shift in the buying behavior of its middle class. This shift is characterized by increased disposable income, more women joining the workforce, and exposure to innovative ideas and technology. Consequently, multinational corporations (MNCs) view India as a key market and have begun targeting children as a lucrative consumer group. Children in India represent 19% of the global child population, and the Indian preschool/childcare market alone is valued at $3.8 billion.

Unethical Advertising and Susceptibility of Young Children

Advertising to children has raised ethical concerns due to their susceptibility to marketing tactics. Children, particularly those aged 3-14, are a primary target for advertisers. This demographic is not fully capable of understanding the intent behind advertisements, making them vulnerable to misleading claims and persuasive tactics. The literature on the subject highlights how young children are easily influenced by smart commercials, which can lead to excessive consumption of unhealthy products and foster materialistic attitudes.

Fairness in Advertising to Kids

The fairness of advertising directed at children has been a topic of significant debate. Concerns include the privacy implications of online advertising, the need for media literacy programs in schools, and the necessity of parental intervention to regulate media consumption. Studies have shown that children often cannot distinguish between paid content and other forms of media, leading to potential harm from excessive exposure to advertisements. The American Psychological Association (APA) Task Force has emphasized the need for public policy to protect children from the adverse effects of advertising on their cognitive and social development.

Influence of Celebrities and Influencers in Advertising to Children

Celebrities and social media influencers play a pivotal role in advertising targeted at children. Their endorsements can significantly influence children’s brand preferences and purchasing behavior. Celebrities’ traits such as charisma, likability, and honesty are leveraged to create strong consumer-brand connections. With the rise of digital media, influencers have become key opinion leaders, engaging with young audiences through platforms like social media and gaming. This trend has raised concerns about the ethical implications of such embedded advertising.

Parental Mediation

Parental mediation is crucial in managing children’s exposure to advertisements. Parents and grandparents can help children navigate media content and understand the persuasive nature of advertisements. However, the increasing use of digital devices has made it challenging for parents to monitor and control the content their children consume. Studies suggest that media literacy programs in schools and greater parental awareness are essential to mitigate the negative impact of advertising on children.

Need for Regulating Kids Advertising

The need for stringent regulations to protect children from unethical advertising practices is evident. Various countries have implemented strict laws to address this issue. For instance, the UK bans advertisements for high-fat, salt, and sugar (HFSS) foods on TV, while Quebec, Sweden, Norway, and Brazil have also enacted bans on child-targeted advertising. In India, the regulatory framework includes both legal measures and self-regulation by the Advertising Standards Council of India (ASCI). However, there is still room for improvement in terms of specific restrictions on ad timing and duration.

Advertising and Children: Legal Framework

A robust legal framework is vital for protecting children from unethical advertising. In India, the Consumer Protection Act (CPA) 2019 outlines the rights of consumers, including the right to safety, information, and redressal. The Act recognizes the vulnerability of children and the importance of providing accurate information to aid informed decision-making. The Central Consumer Protection Authority (CCPA), established under the CPA 2019, has issued guidelines to prevent misleading advertisements, especially those targeting children. These guidelines mandate that nutritional claims be scientifically verified and prohibit the use of celebrities in advertisements aimed at children.

Indian Position and Judicial Interventions

India’s legal framework for advertising includes several regulations aimed at protecting children. The Cable Television Networks Rules, 1994, prohibit programming that denigrates children or promotes unhealthy practices. The Information Technology Act, 2000, addresses the issue of child sexual abuse material online, while the Cigarettes and Other Tobacco Products Act, 2003, restricts tobacco advertising. Additionally, the judiciary has played a role in upholding children’s rights, interpreting Article 19(1)(a) of the Indian Constitution to ensure that commercial speech does not endanger children’s well-being.

Conclusion

The evolving landscape of advertising in India necessitates a balanced approach to protect children from unethical practices while allowing for economic growth. As advertisers increasingly target children, stricter regulations, enhanced parental mediation, and robust legal frameworks are essential to safeguard children’s interests. The ethical concerns surrounding advertising to children highlight the need for ongoing vigilance and proactive measures to ensure that marketing practices do not exploit the vulnerability of young consumers.