Lok Sabha Question No. 3025 (UNSTARRED), answered on 2018-12-31
Subject: Exploitation of Children through Advertisements
Ministry: LABOUR AND EMPLOYMENT
Asked by: LAKHAN LAL SAHU

## MINISTRY OF LABOUR AND EMPLOYMENT

## GOVERNMENT OF INDIA LOK SABHA

## UNSTARRED QUESTION NO. 3025

## TO BE ANSWERED ON 31.12.2018

## EXPLOITATION OF CHILDREN THROUGH ADVERTISEMENTS

†3025. SHRI LAKHAN LAL SAHU:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

- (a)whether Government is aware that children are being exploited through the
- commercial advertisement and T.V. shows;
- (b)if so, the details thereof along with reaction of the Government thereto;
- (c)whether exploitation of such children is covered under Child (Prohibition and Regulation) Act, 1986;
- (d)if so, the details thereof; and
- (e)the corrective steps taken/being taken by the Government in this regard?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (a) & (b): As per information furnished by Ministry of Information and Broadcasting,  all  programmes  and  advertisements  telecast  on  private  satellite TV  Channels  are  required  to  adhere  to  the  Programme  and  Advertising  Codes prescribed under the Cable Television Networks (Regulation) Act, 1995 and the rules  framed  thereunder.  These  codes  contain  specific  provisions  relating  to child-related content which are as under:
- Rule  6(1)  of  Programme  Code  provides  that  no  programme  should  be carried in the cable service which denigrates children.
- Rule  6(5)  of  Programme  Code  provides  that  programmes  unsuitable  for children must not be carried in the cable service at times when the largest number of children are viewing.
- Rule  7(7)  of  the  Programme  Code  provides  that  no  advertisement  which endangers  the  safety  of  children  or  creates  in  them  any  interest  in unhealthy practices or shows them begging or in an undignified or indecent
- manner shall not be carried in the cable service.
- Labour

Appropriate action is taken against the channels in case of violation of the said codes is established. The National Commission for Protection of Child Rights  (NCPCR)  had  issued  guidelines  to  regulate  child  participation  in  TV serials,  reality  shows  and  advertisements in 2011, which are also available on the  website (www.mib.nic.in). The guidelines have also been referred to News Broadcasters  Association,  Indian  Broadcasting  Foundation,  MSO  Alliance  and Cable Operators Federation of India with a request to circulate the same among their Member TV channels for compliance and to place on their websites also.

- (c) to (e): The  employment  or  work  of  children  below  14  year  has  been completely prohibited subsequent  to the enactment  of the Child Labour (Prohibition &  Regulation)  Amendment  Act,  2016  effective  from  1.9.2016. However in exception to the above provision of the Act, artists in an audiovisual entertainment industry, including advertisement, films, television serials or any such  other  entertainment  or  sports  activities  except  the  circus,  has  been permitted to work subject to certain conditions and safety measures. The Child Labour (Prohibition & Regulation) Amendment Rules, 2017 notified on 2.6.2017 inter alia provides that:
- (i) No child shall be allowed to work for more than five hours in a day, and for not more than three hours without rest.
- (ii) Any producer of any audio -visual media production or any commercial event  involving  the  participation  of  a  child,  shall  involve  a  child  in participation only after obtaining the permission from the District Magistrate  of  the  district  where  the  activity  is  to  be  performed,  with  an undertaking  indicating  the  list  of  child  participants,  consent  of  parents/ guardian, name of the individual from the production or event responsible for the safety and security of the child etc. This undertaking would be valid for six months.
- (iii) One responsible person be appointed for maximum of five children for the  production  or  event,  so  as  to  ensure  the  protection,  care  and  best interest of the child;
- (iv) No child shall be made to participate in any audio visual and sports activity including informal entertainment activity against his will and consent.

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