Children in ads - acting or work?

Mel Cooke, Sunday Gleaner Writer

Advertising and children, it seems, go hand in sale and although the phenomenon is quite common across the globe, some child-welfare activists have raised questions about the propriety of this activity.

Among the more prominent ones currently being shown, which feature children, are the revamped 'Clarorific' advertisement, which features a number of youngsters in a stage-show setting - including a deejay who hands over the microphone to 'Goofy'. There is also the LASCO advertisement in which a little girl says "Take it from me, LASCO food drink is the best nutrition for the whole family", and pours a drink made from the product.

Section 33 of the Child Care and Protection Act states that "no person shall employ a child under the age of 13 years in the performance of any work". Further, Section 34, subsection (1), states: "No person shall employ a child who has attained the age of 13 years, but who has not attained the age of 15 years, in the performance of any work other than in an occupation included on the list of prescribed occupations referred to in subsection (2)". These exceptions include appropriately light work, and the hours must be specifically stated.

Long-standing use

However, in Section 35, the law states: "Notwithstanding the provisions of sections 33 and 34, the minister responsible for labour may, on the advice of the Council, issue a permit to a child to enable that child to be employed for the purpose of participating in artistic performances."

Arnold 'JJ' Foote, who heads the Advertising Agency Association of Jamaica, points out that children have been used in advertising and communication material since advertising has existed.

"It in no way or form can be seen as child labour," Foote told The Sunday Gleaner. He also said that "there is child labour and there is child acting", pointing out that there were many movies with child actors. "Labour would mean like a permanent job in some way," Foote said, noting that a child who cuts lawns or babysits (for pay) would not be considered to be performing child labour. And he pointed out that children's involvement in advertising is ad hoc.

In addition to any remuneration they may receive, Foote points to the immediate boost to the children's self-esteem from being involved in advertisements, as well as the memories they can reflect on.

"Parents willingly take their children to castings. You cannot use a child in an advertisement without a parent's approval," he said.

Justice Henderson Downer of the Office of the Children's Advocate told The Sunday Gleaner that if advertisements with children were brought to their attention, they (OCA) would follow the law. If necessary, that would lead to preparing a file for the Ministry of Labour. "We would have to research the particular advertisement," Downer said.

Model of youth

In September 2008, the OCA launched an investigation after 13-year-old Shermonique Ivey won the Pulse Fashion Model Search. Then, Justice Downer told The Gleaner, "We have also written to other relevant government departments in investigating the matter to see if there is any criminal prosecution, or whether anybody is liable to compensation." However, Pulse representatives pointed out that as in the case of other young winners, Ivey would not start modelling internationally until she completed high school.

Also, in 2007, Kareem 'QQ' Dawkins, then 13 years old, was granted a special permit which allowed him to resume performing. This was after he had to stop, due to enforcement of the laws against child labour. His father, known popularly as GQ, said the whole thing was a bad experience for QQ. "We had to return a lot of funds to the different promoters, like Reggae Carifest in New York (slated for August 26), and Disney (August 24 and 25). Roughly, over US$40,000 is what we had to return to promoters," he said.