• Regulating commercial advertising aimed at children. The need for regulation, the conflict with the freedom of expression and practical solutions

Lambert Academic Publishing
Publication date:

(Dipl.-Jur. Univ. Dominik Ernst, LL.M.: Studied Law at University of Bayreuth, Germany, and Victoria University of Wellington, New Zealand. He is currently completing his legal clerkship at the Higher Regional Court of Bamberg, Germany.)


Advertising aimed at children is omnipresent. According to research, about 80% of all advertising aimed at children falls within four product categories: candies, cereals, toys, and fast-food restaurants. Therefore health organisations, among other children's advocates, demand strict regulations or even the prohibition of advertising aimed at children to protect a vulnerable target group from an industry which risks their well-being in its greed for profit. The advertisers on the other side strongly defend their right to commercial free speech. This book first provides an overview of scientific research on the psychological effects of advertising on children. After that, a systematic analysis of relevant legislation and case law of various jurisdictions illustrates the legal conflict between the regulation of commercial advertising aimed at children and the protection of commercial speech under the freedom of expression. Finally, different practical solutions are presented, ranging from a total ban to legal restriction and self-regulation. The main focus is put on the approaches of the European Union and New Zealand.

MATERIAS: children, Commercial Speech, New Zealand, European Union, self-regulation, Law, Advertising, Freedom of expression