©Daniel Capodiferro Cubero
Universidad Autónoma de Barcelona (España)
Currently, advertising is already considered more than a simple commercial activity. It should be analysed as an exercise of the freedom of expression of the person responsible for the campaign and, as such, must be regulated for ensuring it will not damage other’s rights or legal interests. This is particularly important when speaking about children, who, despite their vulnerability, can be both active and passive agents of advertising campaigns. For the purpose of compensating children’s immaturity and the associated risks, the legislator articulates a reinforced protection for the rights and the best interest of the children. This will be particularly effective as limits on the communicative freedoms in order to ensure his present well-being and a correct evolving process free from harmful interferences. In the specific case of advertising expressions, the protection itself of the rights of youngsters and children is interspersed with that of consumers, understood as economic agents, takes place at a multilevel system where European regulations, national ones and codes of conduct operate simultaneously and not always well coordinated. Anyway, all of the involved rules should be interpreted together and considering the mentioned best interest of children with the aim of ensuring the constitutionally warranted protection of youngsters and children.