Jurisprudential Analysis of Commercial Advertising Targeting Children at the Research Institute for Contemporary Jurisprudential Studies

With the participation of seminary and university scholars, the jurisprudential, legal, and social dimensions of advertising to children were critically examined at the Research Institute for Contemporary Jurisprudential Studies in Qom

a scientific-promotional session titled "Feasibility of Targeting Children in Commercial Advertisements from a Jurisprudential Perspective" was organized by the Institute of Islamic Humanities at the University of Qom in collaboration with the Department of Jurisprudence of Culture, Art, and Media at the Research Institute for Contemporary Jurisprudential Studies. In this session, Dr. Saeed Masoudipour elucidated the jurisprudential aspects of the topic, while critics provided a detailed critique of its various dimensions.

Note: On Wednesday, October 1, 2025, a scientific-promotional session titled “Feasibility of Targeting Children in Commercial Advertisements from a Jurisprudential Perspective” was held, organized by the Institute of Islamic Humanities at the University of Qom in collaboration with the Department of Jurisprudence of Culture, Art, and Media at the Research Institute for Contemporary Jurisprudential Studies. Dr. Saeed Masoudipour examined the jurisprudential dimensions of commercial advertisements targeting children, and critics addressed the legal and social challenges and perspectives. The role of rationality in children’s transactions, the distinction between individual and governmental jurisprudence, and the psychological and educational impacts of advertisements were discussed. A comparison was also made between legal restrictions on advertising to children in Iran and certain European countries. This session was a significant step in advancing modern jurisprudential studies and fostering scientific collaboration.

According to the news portal of the Research Institute for Contemporary Jurisprudential Studies, this session, aimed at promoting scientific collaboration among research centers and addressing emerging jurisprudential issues, featured Dr. Saeed Masoudipour, Assistant Professor of Management at the University of Qom, as the presenter. The critics were Hujjat al-Islam wal-Muslimeen Dr. Seyed Hamid Mirkhandan, a member of the Scientific Council of the Department of Jurisprudence of Culture, Art, and Media at the Research Institute for Contemporary Jurisprudential Studies, and Hujjat al-Islam wal-Muslimeen Mahdi Sajjadi Amin, a faculty member of the Department of Jurisprudence and Law at the Research Institute for Women and Family. The session was chaired by Hujjat al-Islam wal-Muslimeen Dr. Mahdi Davoudabadi, Secretary of the Institute of Social Jurisprudence, Culture, and Health at the Research Institute for Contemporary Jurisprudential Studies.

Hujjat al-Islam wal-Muslimeen Dr. Mahdi Davoudabadi opened the session by congratulating attendees on the birth anniversary of Imam Hassan Askari (AS) and briefly outlined the objectives of the Research Institute for Contemporary Jurisprudential Studies, highlighting scientific collaboration with other academic institutions as a key strategy.

He then addressed the context of the session’s topic, stating: “In the capitalist system, commercial advertising plays a pivotal role in business development, utilizing various media tools to influence audiences. However, in recent years, we have observed a trend where advertisements target audiences who lack the customary and jurisprudential conditions of maturity, namely children. This raises significant questions in the domains of transactional jurisprudence, media jurisprudence, and children’s rights.”

Dr. Saeed Masoudipour, the presenter, began by exploring the jurisprudential dimensions of the issue. The Assistant Professor of Management at the University of Qom emphasized that the goal of his presentation was to explore jurisprudential feasibility, noting that issuing definitive jurisprudential rulings requires specialized ijtihad. He cautioned against examining commercial advertising for children solely from the perspective of completely rejecting Western achievements.

He outlined two main approaches in Islamic humanities: a rejectionist, anti-Western approach that dismisses all Western achievements, and a second approach that views humanities as empirical and human phenomena, advocating the application of religious teachings to certain forms and frameworks. Masoudipour clarified that his approach is critical yet open, believing that some human experiences in advertising are acceptable and usable.

In his preliminary remarks, he highlighted the significance of commercial advertising for children, noting that in the United States, over 52 million children under 13 influence parental purchases worth up to $88 billion. In Iran, more than half of television advertisement audiences are children. He also referenced legal restrictions on advertising to children in countries like Sweden and Greece, while in Iran, only guidelines for creating advertisements exist, and advertising to children is recognized.

Defining Key Concepts: Audience, Consumer, and Buyer

Dr. Masoudipour distinguished between the concepts of “consumer,” “buyer,” and “audience” in advertising. He explained that a consumer uses the product but is not necessarily the buyer; for example, in the case of baby diapers, parents are the buyers, while the child is the consumer. The audience of an advertisement is the individual targeted to influence, who may play a role in the purchasing process.

He outlined various roles in family purchasing, including information gatherers, influencers, and financial providers, emphasizing that advertisements may target one or more of these roles. From a jurisprudential perspective, a child is defined as an individual lacking the maturity and rationality required for contracts and transactions.

Arguments For and Against Commercial Advertising for Children

Dr. Masoudipour presented the arguments of both proponents and opponents of advertising to children:

Arguments in Favor:

  • Role in the Economic Cycle and Capitalism: Advertising to children is necessary in the capitalist production-consumption cycle to expand the consumer market and sustain economic activity.
  • Socialization of Children: Consumption helps children shape their social identity and fosters a sense of belonging to society.
  • Understanding Brand Concepts: Advertisements familiarize children with the concepts of brands and commerce, which are part of social learning.
  • Children’s Awareness of Advertising Goals: Some studies suggest children are aware of advertising intentions and are not easily deceived.

Arguments Against:

  • “Pester Power” Phenomenon: Children, after seeing advertisements, persistently demand purchases, causing conflicts and pressure on parents, particularly in low-income families, with negative consequences.
  • Negative Psychological and Educational Impacts: Advertisements can lead to increased sadness, aggressive behavior, and disrespect among children.
  • Lack of Awareness of Persuasive Intent: Contrary to proponents, opponents argue that children are generally unaware of the persuasive goals of advertisements, making them vulnerable to deception.

In his concluding section, Dr. Masoudipour proposed a jurisprudential theory and solution based on the “principle of removing barriers to rationality in commercial advertising.” He emphasized that advertisements should not hinder the buyer’s rationality, allowing decisions to be made based on practical reasoning. This minimalist and realistic theory seeks to provide an Islamic and practical framework for commercial advertising without outright rejecting Western achievements.

Critiques

Hujjat al-Islam wal-Muslimeen Dr. Seyed Hamid Mirkhandan, the first critic, commended Dr. Masoudipour’s book on advertising but critiqued the absolute rejection of commercial advertising. He noted that some opponents view advertising as purely capitalistic and reject it due to its negative impacts, while positive outcomes like socialization, brand awareness, and social responsibility can be achieved through other means. Thus, he argued that the proponents’ justifications for advertising are incomplete and require further scrutiny.

Mirkhandan analyzed the concept of rationality in narrations, distinguishing it from knowledge. He emphasized that rationality in narrations differs from knowledge and refers to the ability to assess, evaluate, and control behavior. This is significant because children, lacking this rational capacity, are unable to engage in valid transactions. He stressed that the condition of rationality in jurisprudence requires further elaboration to determine whether it should also apply to the preliminaries of transactions.

He further addressed the negative impacts of advertising and the jurisprudential principle of harm (qa’idat al-darar), noting that the potential harm of advertising to children requires further exploration to establish its jurisprudential validity and how to address it. Such discussions could provide more precise criteria for accepting or rejecting advertising to children.

Hujjat al-Islam wal-Muslimeen Mahdi Sajjadi Amin, the second critic, praised Dr. Masoudipour’s research and emphasized the need to distinguish between individual and governmental jurisprudence. Individual jurisprudence addresses the duties and rulings for individuals, such as the conditions of rationality and maturity in transactions, while governmental jurisprudence focuses on macro-level policymaking and considerations of public interest.

He argued that if commercial advertising for children is examined from a governmental perspective, it should be based on statistical and research data, evaluating public interest and harm, rather than individual conditions like rationality and maturity. The goal in governmental jurisprudence is to derive rulings that may differ from individual fatwas.

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