关于美国和儿童保护的广告监管 [3]
论文作者:www.51lunwen.org论文属性:作业 Assignment登出时间:2014-03-13编辑:cinq点击率:11795
论文字数:2000论文编号:org201403121803026191语种:英语 English地区:美国价格:免费论文
关键词:Consumer StudiesAdvertising regulationchildren’s protection
摘要:本文是一篇在美国留学生的课程作业Assignment,总的来说,很多的电视商业广告内容对儿童的身心都有很大的影响,如果这些电视广告的是很健康的,必须通过管理条例来约束,以防伤害儿童的身心健康。
ultivation Theory indicates that “If children are repeatedly exposed to certain portrayals of an ethnic group, they may develop corresponding beliefs about the group” (Hae-Kyong Bang & Bonnie B. Reece, 2003, p.42). For example, if advertisers never incorporate minority or other groups (e.g. Black people) in advertisement, children may cultivate a belief that Black people are not the same as them; Black people are not ‘mainstream’ enough to appear in the commercials. Children may reinforce or create racial prejudices in such kind of situation.
b. What is the regulation of advertising aimed to protect children in the U.S. and how does it work?
In the 1970s, both the FCC (Federal Communications Commission) and the FTC (Federal Trade Commission) completed extensive examinations of advertising aimed at children. Then, in 1971, the FCC responded to the petitions from the group (a public interest group) Action for Children's Television, which issued regulations requiring a “clear separation” between programming and advertising. Action for Children's Television next persuaded the FTC that children's advertising unfairly targeted children because they are too young to understand the intent of advertising (Fed. Trade Comm’n [Ftc], 2008). Thus, the FTC compiled a report of rulemaking to regulate advertisements aired during children’s television. However, The FTC received harsh political and public response to this rulemaking, then television and advertising companies seized the chance and countered quickly by successfully lobbying Congress for legislation restricting the FTC from taking action (Ramsey, William A, 2006, pp.362-363). After the FTC’s unsuccessful attempt to regulate advertising directed at children, there was not much government involvement in the area until 1990, when Congress passed the Children’s Television Act (‘CTA’), which instructed the FCC to enforce certain requirements for television broadcasters. The two main requirements of the CTA are: “(1) the FCC must establish standards for broadcasters regarding the amount of children’s television programming aired; and (2) broadcasters must limit the amount of commercial time aired during children’s television programs to 10.5 minutes per hour or less on weekends and 12 minutes per hour or less on weekdays.” This commercial limit applies to over-the-air commercial television broadcasters, as well as cable and digital television suppliers (Pub. L., 1990, p.112). Moreover, the Court, in Central Hudson Gas & Electric Corp. v. Public Service Commission, developed a four-prong test to be used in determining the
constitutionality of government restrictions of commercial speech that falls within the protection of the First Amendment : “(1)
for the speech to be subject to First Amendment protection it must not mislead the consumer or promote unlawful acts; (2) the government must have a substantial interest in regulating the speech; (3) the regulation of speech must directly and substantially advance the government’s interest; and (4) the regulation of speech must not be more extensive and broad then necessary.” (Ramsey, William A, 2006, p.372)
Based on the four-prong test, we can analyse the effectiveness of the CTA in a more straight way. Then questions which are related to the four-prong test can be set. Prong one: Are advertisements aimed at children misleading? Prong two: Is there a substantial interest
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