On the 4 of April, CNA debated and approved the text of the Instruction no 1 /2017 on interpretation and application of Art 117 lit a)^1 , clarifying application of CNA Decision 220/2011, recently ammended by Decision no 63/2017 .
By adoption of the Instruction no 1, as of 4 April 2017, the meaning of Art. 117 text, para a)^1, is clarified.
` a) ^1 shall not encourage the consumption of food products by featuring minors between 3 and 15 years of age in advertising.`
The abovementioned Instruction mentions the fact that CNA Decision 63/2017 does not prohibit the use of minors between 3 - 15 years of age in food advertising, mineral water advertising, non alcoholic drinks or food supplements. The Instruction quotes: the passive featuring of minors in radio and tv advertising of food products is not object of Article 117, para a), ^1.
Provisions of Article 117 make sure that the following principles will be applied:
- no direct incentive to the minors shall be used, in order for the minors to buy the food product,
- minors gullibility shall not be exploited,
- instrumentalisation of minors as a means to determine parents to buy the product shall be avoided,
- minors shall not be featured as real or animated characters, in an active position,
Finally, the mere presence of a child between 3 and 15 years old in the editorial context of an audiovisual communication to food products does not automatically involve a breach of Art 28, para 2 of the Audivisual Law 504/2002.
Link to the Instruction : INSTRUCTIUNE_ART_117_