APPENDIX THREE: Extracts from Directive 89/552/EEC as amended by Directive 97/36/EC (Television Without Frontiers Directive)
CHAPTER IV
Television advertising, sponsorship and teleshopping
Article 10
1. Television advertising and teleshopping shall be readily recognizable as such and kept quite separate from other parts of the programme service by optical and/or acoustic means.
2. Isolated advertising and teleshopping spots shall remain the exception.
3. Advertising and teleshopping shall not use subliminal techniques.
4. Surreptitious advertising and teleshopping shall be prohibited.
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Article 12
Television advertising and teleshopping shall not:
(a) prejudice respect for human dignity;
(b) include any discrimination on grounds of race, sex or nationality;
(c) be offensive to religious or political beliefs;
(d) encourage behaviour prejudicial to health or to safety;
(e) encourage behaviour prejudicial to the protection of the environment.
Article 13
All forms of television advertising and teleshopping for cigarettes and other tobacco products shall be prohibited.
Article 14
1. Television advertising for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the broadcaster falls shall be prohibited.
2. Teleshopping for medicinal products which are subject to a marketing authorization within the meaning of Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products, as well as teleshopping for medical treatment, shall be prohibited.
Article 15
Television advertising and teleshopping for alcoholic beverages shall comply with the following criteria:
(a) it may not be aimed specifically at minors or, in particular, depict minors consuming these beverages;
(b) it shall not link the consumption of alcohol to enhanced physical performance or to driving;
(c) it shall not create the impression that the consumption of alcohol contributes towards social or sexual success;
(d) it shall not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts;
(e) it shall not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light;
(f) it shall not place emphasis on high alcoholic content as being a positive quality of the beverages.
Article 16
1. Television advertising shall not cause moral or physical detriment to minors, and shall therefore comply with the following criteria for their protection:
(a) it shall not directly exhort minors to buy a product or a service by exploiting their inexperience or credulity;
(b) it shall not directly encourage minors to persuade their parents or others to purchase the goods or services being advertised;
(c) it shall not exploit the special trust minors place in parents, teachers or other persons;
(d) it shall not unreasonably show minors in dangerous situations.
2. Teleshopping shall comply with the requirements referred to in paragraph 1 and, in addition, shall not exhort minors to contract for the sale or rental of goods and services.
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Article 19
Chapters … IV, V … shall apply mutatis mutandis to channels exclusively devoted to teleshopping. …
Article 19a
Chapters … IV, V … shall apply mutatis mutandis to channels exclusively devoted to self-promotion. ….
Article 20
Without prejudice to Article 3, Member States may, with due regard for community law, lay down conditions other than those laid down in Article 11(2) to (5) … in respect of broadcasts intended solely for the national territory which cannot be received, directly or indirectly by the public, in one or more other Member States.
CHAPTER V
Protection of minors and public order
Article 22
1. Member States shall take appropriate measures to ensure that television broadcasts by broadcasters under their jurisdiction do not include any programmes which might seriously impair the physical, mental or moral developments of minors, in particular programmes that involve pornography or gratuitous violence.
2. The measures provided for in paragraph 1 shall also extend to other programmes which are likely to impair the physical, mental or moral development of minors, except where it is ensured, by selecting the time of the broadcast or by any technical measure, that minors in the area of transmission will not normally hear or see such broadcasts.
3. Furthermore, when such programmes are broadcast in unencoded form Member States shall ensure that they are preceded by an acoustic warning or are identified by the presence of a visual symbol throughout their duration.
Article 22a
Member States shall ensure that broadcasts do not contain any incitement to hatred on grounds of race, sex, religion or nationality.