Germany

[DE] Advertisements with Jingles Criticised

IRIS 2006-10:1/15

Carmen Palzer

Institute of European Media Law (EMR), Saarbrücken/Brussels

The Hamburg Institute for New Media (HAM) has objected to some jingle-based advertisements shown on the MTV 2 Pop programme. By broadcasting twelve jingle-based adverts on this programme between 6 am and 8 pm MTV Networks violated Youth Protection provisions. What is objectionable, according to the decision of the HAM, is that the broadcast adverts encouraged children and young people to make a purchase, such encouragement exploiting their lack of experience and gullibility. In accordance with § 6 paragraph 2 of the Youth Media Protection State Agreement (JMStV), advertising may not contain any direct appeal to purchase aimed at children or young people, which exploits their inexperience or gullibility; according to § 6 paragraph 6 of the JMStV this also applies to Teleshopping. Moreover Teleshopping may not encourage children or young people to enter into purchase or rental contracts for goods and services (§ 6 paragraph 6 JMStV); there was also a violation of this provision. This was the result of observations made by the Commission for Youth Media Protection (KJM) responsible for youth protection in broadcasting and telemedia which, in its review of 13 June, dealt with 53 jingle-based adverts and unanimously pronounced itself in favour of supervisory measures for all the adverts concerned. The decisions of the KJM are to be implemented by the Land Media Institute responsible for the broadcasting company concerned.

According to the results of the KJM’s review, other broadcasters had been identified in this connection, which did not however fall under the supervision of the HAM.