Belgium
[BE] Demand for a European Ban on TV-Advertising Immediately Before and After Children's Programmes
IRIS 2000-8:1/8
Dirk Voorhoof
Human Rights Centre, Ghent University and Legal Human Academy
Since 1991 the Flemish Broadcasting legislation, with some modifications, stipulates a ban on advertising immediately before and after children's programmes. In a time period of 5 minutes before and after programmes targetting children under 12, no advertising or sponsorship messages are allowed. For many years the commercial broadcasting organisation VTM and its second channel Kanaal 2 have been opposed to this provision of the Broadcasting Decree and have sought the abrogation of the 5-minute rule. A decree proposed in the Flemish Parliament some months ago, however, went in the opposite direction and suggested changing the time period of the ban from 5 minutes to 15 minutes in order to have a more efficient rule preventing TV-commercials targetting children. After several hearings in Parliament and taking into account the advice of the Vlaamse Mediaraad (Flemish Media Council) and the advice of the Kinderrechtencommissariaat (Commissariat for Children's Rights), the Flemish Parliament has now decided not to modify the 5-minute rule. A more severe ban would be too disadvantageous for Flemish broadcasters. At the same time Parliament has requested the Flemish Government to take the necessary steps towards harmonizing European legislation on this topic and more precisely to promote the 5-minute rule on the European level. The Resolution also refers to a Swedish initiative concerning a European ban on TV-commercials just before and after children's programmes.
References
- Resolute betreffende een Europese regelving in verband met reclame rond kinderprogramma’s, Parl. St. Vlaams Parlement, 1999-2000, nr. 92/1-5 and nr. 254/1-5.
- Resolution of 7 June 2000 concerning a European regulation with regard to TV-advertising before and after children’s programmes, Parl. St. Vlaams Parlement, 1999-2000, no. 92/1-5 and no. 254/1-5.
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.