Standards – A matter of Conventions

By MARRIS WEIGHT

May 2010

The New Zealand Advertising Standards Authority has used the UN Convention on the Rights of the Child as the basis for their voluntary Code for Advertising to Children, to which all principle New Zealand Advertisers are signatories. 

Article 13 of the Convention asks "the media of signatory countries to acknowledge each child's individuality, uniqueness, strength and capability, while affording children 'extra protection' from violence, unsafe practices, indecency, offensive language or bad taste."  The convention also calls on "the media to be supportive of "parents who have the primary responsibility for the upbringing and development of their children." 

The Advertising Standards Authority has incorporated these principles into their voluntary code of practice.  This ensures advertising targeting children is socially responsible. 

The purpose of the Children's advertising code is to acknowledge that advertisers have a role to play in promoting the collective well being of children whilst also acknowledging the purpose of advertisements.  The code requires the content of advertisements to "observe a high standard of social responsibility".

Although the Free-to-air broadcasting code acknowledges that both the Broadcasting Standards Authority and broadcasters have obligations both under the children's convention towards children and also a general ethical social responsibility towards societal standards in general, the principal yard stick by which the standards of programming content is measured is the New Zealand Bill of Rights. 

Section 14 of the New Zealand Bill of Rights guarantees individuals the freedom of expression.  When deciding on the merits of a complaint the obligations of both broadcasters and the Broadcasting Standards Authority to consider issues of social responsibility is subservient to the principles espoused by the New Zealand Bill of Rights.  This approach does not lend itself to promoting high standards of social responsibility and the maintenance of a civil society.

The rights espoused by the New Zealand Bill of Rights Act have the objective of protecting the rights of individuals against abuse by the state.  They do not have the objective of espousing the ethical and social standards required to maintain a civil society.  The maintenance of a civil society requires that not only rights of the individual are recognised but also the dignity and worth of the human person.

The Advertising Standards Authority has used the Convention on the Rights of the Child as a means of incorporating this principal into its decisions.  This allows for the well being of children to be maintained whilst allowing advertisers to promote their products in a socially responsible manner. 

Requiring the Broadcasting Standards Authority to give equal weighting to both societal and individual considerations would require the authority to take a wider perspective on what constitutes unacceptable standards and would go some way towards improving the standards of programme content.  It would ensure decisions of the authority reflect not only the right individuals have to "the freedom of expression" but also reflect the ethical responsibility broadcasters and the authority have to towards contributing to the dignity of the human person and the maintenance of a civil society.