Reklama dziecięca w świetle prawa
Children advertising

Summary/Abstract: Children consist the significant part of commercial recipients and as a consumers have a great importance for companies. At the same time commercials have significant and multidimensional influence on children. It is truism to say that adults make their buy or not decisions under the pressure of their children, who obtain the knowledge about the market and products straight from the commercials. They receive the commercial content from plethora of media. Until recently mostly from the TV screen, nowadays more often from computer one. If we take into account that commercials are at the same time the instrument of creation of needs, pointer of their fulfillment, trendsetter and identity builder we can not be blind on its significance for the personality of young men. Because of the obvious commercial reasons there is no possibility to eliminate the products and the children addressed advertising out of the market. However this do not mean we should no constrain such broadcasts because of their form or content. That is the main reason to construct legal constrains. The fundamental ones are included in regulations fighting the unfair competition. In the Polish unfair competition act legislator included the ‘commercial’ article 16 combating forms and contents that infringe the fair competition rules. One of the clauses prohibits advertising that ‘uses the credulity of the children’ – pt 3) pt 1 art. 16 unfair competition act. This is solely one clause within whole act that tackles this issue. Additionally it’s construction causes doubts about the interpretation. It is hard to asses when actually one can say about the use of immanent children virtue of credulity. Another, important act is the statue on the radio and television containing clauses directly regulating rules on children advertising. According to the act it is prohibited to broadcast commercials that directly incite children to buy products or services, or encourage children to uphold pressure on their parents or other persons in the aim to incite them to buy advertised products or services (art. 16). Among the most important regulation falls provisions of pharmaceutical law. According to them “Advertising of healing product can not be directed to children or contain element addressed to them” (art. 53 p. 2). However even short analyze of tv commercials of healing products for children leads to the conclusion that almost each is apparently addressed to them taking into account their content, fairytale scenery, costumes or children actors. Above leads to the conclusions that even the most detail regulation does not prevent children against harming influence of commercial content, if the traders would not have will to do it.

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