The new 2012 PAOS Code contains a new section for industry, distribution and catering sector companies that intend to market food or drink products to minors. If they adhere to the Code, they must also submit to a system for the control or monitoring of online advertising aimed at people aged below 15, allowing for periodic, streamlined and effective monitoring and assessment.

This technical work for this monitoring is carried out by AUTOCONTROL, which uses information provided by software tools and independent companies that measure, analyse and monitor online advertising (COMSCORE and INFODEX). AUTOCONTROL uses this information to obtain samples both of the products with the largest advertising investment on sites/platforms used by minors aged between 4 and 14 and on the most significant sites used by an audience below 15 years of age. The most-advertised products on the most-used sites/platforms over a period of 3 months are selected.

Methodology:

• Initial sampling of web pages and online advertisements/advertising campaigns aimed at people under the age of 15, disseminated by PAOS code adhering companies.
• Initial detailed legal analysis of the final sample of web pages and online advertisements/campaigns to determine the applicability of the PAOS Code.
• In-depth legal analysis to determine the compatibility with the PAOS Code’s ethics rules of the web pages and online advertisements/campaigns to which the Code is applicable.
• Notification of affected companies: 1) in cases where potential infringements of the Code are detected, companies are notified via a request to present the arguments they deem appropriate or to commit to remove/rectify the material; 2) in cases where they are observed not to uphold the commitments made as described under point 1).
• Presentation of the corresponding report to the PAOS Code Monitoring Commission, which having analysed this, will adopt the agreements included.

In cases where potential non-compliance is detected and the company has not responded to AUTOCONTROL’s request to immediately remove and/or rectify the advertisement, one option available to the Monitoring Commission under the provisions for controlling compliance with the Code is to refer the case to the AUTOCONTROL Board to decide upon the resolution (with the imposition of sanctions that may be applicable).