The Role of Children's Rights in Regulating Digital Advertising
International Journal of Children’s Rights, 27 (3), 455-481, 2019, doi: 10.1163/15718182-02703002.
23 Pages Posted: 19 Nov 2020
Date Written: 2019
An important domain in which children’s rights are reconfigured by internet use, is digital advertising. New advertising formats such as advergames, personalized and native advertising have permeated the online environments in which children play, communicate and search for information. The often immersive, interactive and increasingly personalized nature of these advertising formats makes it difficult for children to recognize and make informed and well-balanced commercial decisions. This raises particular issues from a children’s rights perspective, including inter alia their rights to development (Article 6 UNCRC), privacy (Article 16 UNCRC), protection against economic exploitation (Article 32 UNCRC), freedom of thought (Article 17 UNCRC) and education (Article 28 UNCRC). The paper addresses this reconfiguration by translating the general principles and the provisions of the United Nations Convention on the Rights of the Child into the specific context of digital advertising. Moreover, it considers the different dimensions of the rights (i.e. protection, participation and provision) and how the commercialization affects children and how their rights are exercised.
Keywords: children's right in the digital environment, advertising regulation, advertising literacy
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