Poland: Forthcoming Restriction of Food Advertisements Addressed to Children

06 May 2011

Olga Lesniewska, Emilia Stepien

Recently, the Parliament adopted an amendment to the Broadcasting Act of 29 December 1992. The Amendment transposes the Audiovisual Directive (2010/13/EU) that should have been implemented by December 2009. The Amendment comes into force on 23 May 2011.

The Amendment among other issues provides restrictions in foods advertisement addressed to children. Broadcasts for children shall not be accompanied by ads of foodstuff containing ingredients that should not be eaten excessively on the daily basis.

The Polish National Broadcasting Council is competent to adopt a regulation that will further define such foodstuffs. This regulation should aim at encouraging broadcasters to counteract fostering unhealthy nutrition among children. The envisaged measures should be proportionate i.e. they should not impose unjustified obligations on broadcasters. The Council expects a self regulation initiative of the industry before proposing any draft regulation.  During public consultation of the Amendment, the industry advocated the self regulation and is currently working on its draft.