Bill 130, which received First Reading on November 20, 2008, proposes to amend the Consumer Protection Act, 2002 (CPA) by adding Section 13.2, “Advertising: children.” The new section will prohibit advertising that:
(1) contains images of a sexual nature of a person who is or appears to be 16 years of age or under; and
(2) is directed at persons 16 years of age or under and that contains clothing, images or other material that encourages sexual activity or creates sexual awareness.
The Bill stipulates that the context of an advertisement’s presentation – in particular, the nature and intended purpose of the good advertised, and the manner in which the advertisement is presented – must be considered in determining whether an advertisement is directed at persons 16 years of age or under.
If Bill 130 is passed, companies which currently engage in provocative, sexually suggestive, clothing-optional advertising in the manner outlined above will be forced to develop less controversial advertising tactics.