Report of the Special Rapporteur in the field of cultural rights, par. 87 and par. 88 (2014)

Text of the recommendation

87. Television remains a key medium for advertisement, and advertisements are the principal source of income for television channels. To attract advertisers, channels need to attract the target audience of companies. Studies reveal the impact of advertising on programme content, for instance channels not offering content to groups with low purchasing power and the managing director of a television channel averring that the aim was to sell “available parts of human brains” to advertisers. It is further argued that the increased representation of violence in programmes reinforces the efficiency of advertising: individuals subjected to emotional stress retain messages delivered to them better. In addition, a number of biochemical reactions make people more inclined to consume food with a high fat and sugar content. 88. Embedded advertising on television is also of concern. Article 13 (2) of the WHO Framework Convention on Tobacco Control requires parties to implement a comprehensive ban on tobacco advertising, promotion and sponsorship or to apply restrictions that are as comprehensive as possible. The guidelines for implementing this provision recognize that the depiction of tobacco in films is a form of promotion. Prohibitive or restrictive measures need not interfere with legitimate types of expression, however, such as journalistic, artistic or academic expression or legitimate social or political commentary. Nonetheless, States should take steps to prevent the use of journalistic, artistic or academic expression or social or political commentary for the promotion of tobacco use or tobacco products.