The Role of Children's Rights in Regulating New Advertising Techniques

New advertising formats have specific features that make them particularly appealing to children. They are often digital (e.g. advergames) or hybrid (e.g. ads on smart/connected TV’s) and as such, the exact application or interplay of the different regulatory frameworks is complex. Moreover, advertisers collect ever more personal data of children, to target them with tailored advertisements. The protection of minors against certain forms of commercial communication has long been considered an objective of general interest. Accordingly, extensive and detailed requirements exist at both the EU and national level. The regulatory framework on commercial communication aimed at children is fragmented into legislation, on the one hand, and alternative regulatory instruments (i.e. self- and co-regulation), on the other hand. Moreover, several children’s rights are at stake in this context, in light of which the regulatory framework needs to be analysed. Accordingly, the paper will touch upon the specific children’s rights under the United Nations Convention on Children’s Rights that are relevant in this context. Furthermore, it will provide insights into the current regulatory framework on new forms of commercial communication aimed at minors. The paper will also address some of the issues caused by the complexity of the framework and look at the relationship between legislation and self- and co-regulation in this context. Finally, it will offer some guidance and steps forward for policy makers and regulatory bodies.status: publishe