Minors and digital content. Rights and obligations

Abstract

In considering children and the advertising message directed at them, we face three very different realities: the child facing the message, the child as an advertising actor and the child as the creator of advertising content. Herein, we address these three situations from the perspective of the rights and obligations of minors. We start from the approach to basic concepts such as the definition of a child, sufficient maturity, the best interests of the minor, advertising principles, limitations on advertising by sector, age or product. Later, we try to answer questions such as: what can and cannot be done in advertising addressed to children? What rights and obligations do children have as recipients of advertising or as advertising actors? Is anything of worth to an influencer? What to do when the rule is violated? Questions that need to be answered. This paper refers to all the rules that regulate these issues in our country, the legal and self-regulatory standards that co-exist with European, regional, sectoral standards, etc. A major conclusion is drawn from the exposition: there are too many rules to regulate a single reality, which makes it difficult to distinguish lawful from illicit behaviours, especially in the field of childhood. Clear and unequivocal legislation regulating all aspects relating to children and also, of course, the advertising phenomenon would be desirable - and necessary.