SECTION 10: RELIGION, FAITH AND SYSTEMS OF BELIEF

Background:

(1) BCAP is concerned that the power of television advertising should not be used in ways which could have damaging consequences. These rules seek a balance between freedom of speech and other competing social concerns and objectives. They aim:

            a) to reduce the risk of damage to the inter-group relations that are essential to a successful pluralist society

            b) to protect the young and safeguard the right of parents to take responsibility for their children’s moral and philosophical education without undue interference

            c) to protect viewers who are emotionally vulnerable for personal reasons, such as sickness or bereavement

            d) to deny the persuasive power and emotional impact of television advertising to potentially harmful or coercive groups.

(2) Neither BCAP or the ASA nor Ofcom or its licensees would be entitled to assess the acceptability of particular organisations by making subjective judgements about their values. The criteria for the acceptability of advertisers are, therefore, objective tests and acceptance or disqualification of an organisation is not an indication of approval or disapproval of the organisation or its objectives or activities.

(3) Licensees should supplement information provided by prospective advertisers with any enquiries of their own which are necessary to ensure compliance with these rules.

(4) For convenience, the terms ‘doctrine’ and ‘doctrinal’ are generally used to refer to all advertising subject to this Section of the Code (although BCAP recognises that they are not fully adequate words for the purpose).

(5) All doctrinal advertising must also comply with the rest of the Code. Attention is drawn particularly to Section 4 (Political and controversial issues). This includes a prohibition on advertising which shows partiality in matters of political controversy or current public policy and may be relevant because some moral or other issues which are clear-cut to some groups in society can be controversial within the wider community.

(6) Licensees who do not wish to carry any doctrinal advertising are free to adopt that policy so long as there is no unreasonable discrimination either against or in favour of particular advertisers. On the same even-handed basis, licensees may impose additional, generally applicable requirements which they consider necessary in the interests of viewers. (See Appendix 1, note(c))

 

10.1 Application of rules

 

The rules in Section 10 apply to:

 

(a) advertising by, or on behalf of, any organisation or individual whose objectives are or appear to be wholly or mainly concerned with religion, faith or other philosophies or beliefs

 

(b) any other advertising which appears to have a doctrinal objective

 

(c) advertising for commercial products or services which draw on or reflect doctrine

 

10.2 Unacceptable advertisers

 

No advertising is acceptable from or on behalf of any body which is subject to 10.1 and

 

(a) which practises or advocates illegal behaviour or

 

(b) whose rites or other forms of collective observance are not normally directly accessible to the public (see notes below) or

 

(c) which has been shown to apply unreasonable pressure on people to join or participate or to obstruct or penalise people who wish to leave or cease contact or

 

(d)       which does not provide written assurances that no representatives will call on any respondent without prior arrangement. (See note below)

 

Notes to 10.2(b):

(1) For advertisers to qualify, their rites and collective observances should generally be physically accessible to the public without charges or unreasonable conditions being applied.  There is a specific exemption under the Sex Discrimination Act for relgious organisations to the extent that gender discrimination is necessary to comply with the doctrines of the religion or to avoid offending the religious susceptibilities of a significant number of the followers of the religion.  In these circumstances, the fact that the public may not be able to participate fully in services would not normally disqualify the advertiser. 

 

(2) The dates, times and venues of services should normally be publicised locally.

 

Note to 10.2 (d):

Advertisers should be reminded of the need to comply with current UK data protection legislation and that they should not disclose the names of respondents without their prior permission.

 

10.3 The occult, psychic practices and exorcism

 

With very limited exceptions, advertisements for products or services concerned with (a) the occult or (b) psychic practices are not acceptable

 

 

Notes:

 

(1) When appropriate, the ASA and BCAP will make exceptions for specific categories of publications which are of general interest.

[Exceptions published 1 November 2002] The ITC defined two categories of advertising which are exempt and which may therefore be advertised:

a) Advertisements for tarot-based prediction services where:

the service is pre-recorded and this is explained in the advertising and at the start of the recording and

the service is for entertainment only and this is clear from the advertising and is explained at the start of the recording and

all references to tarot in the service and the advertising are qualified to make clear that it is not a “real” tarot service (e.g. “tarot-based reading” would be acceptable) and

the service does not contain any material which might feel threatening to callers, or which might harm, offend or distress them

b) Advertisements for books, newspaper or magazine articles and similar paper or electronic publications which refer to or discuss tarot without recommending or promoting it.

(2) For these purposes, ‘the occult’ includes, for example, invocation of spirits, tarot and attempts to contact the dead or demons.

(3) Products or services concerned with exorcism may not be advertised since they are concerned with the occult in the sense of being intended to counter it.

(4) Psychic practices include astrology, horoscopes, palmistry etc. An exception to part (b) of the rule has been made for the advertising of services (for example, typical newspaper horoscopes) which most viewers are likely to regard simply as entertainment and which offer only generalised comments that would clearly apply to large sections of the population. Such advertising must comply with the rules on misleading advertising in Section 5.

(5) Beyond Entertainment is an ITC-commissioned report on research which explored attitudes in this area, including the distinctions the public draw between the occult and psychic issues.

 

 

10.4 Superstition

 

No advertisement may exploit the superstitious

 

10.5 Acceptable categories

 

Doctrinal advertising is acceptable only for the following purposes:

 

(a) publicising events such as services, meetings or festivals

 

(b) describing an organisation’s or individual’s activities or publicising their name or contact details

 

(c) offering publications or merchandise

 

Note to 10.5:

Advertising which, while ostensibly for one of these purposes, conflicts with other requirements of these rules is not acceptable.

 

10.6 Fund-raising

 

Subject to 10.7, doctrinal advertisements must not include appeals for funds

 

 10.7 Religious charities

 Advertising for religious charities may include appeals for funds if the charities reliably demonstrate:

 

(a) that any proceeds will be devoted solely to the benefit of identified categories of disadvantaged third parties

 

(b) that the conveying of that benefit will not be associated with any other objective (eg proselytising)

 

Note to 10.7:

The advertising must also comply with 11.3 (Charity Advertising).

 

10.8 References to beliefs

 

Advertising must not be used to expound doctrinal beliefs nor suggest that viewers should change their behaviour or beliefs

 

Notes:

(1) References to doctrine must only be incidental to the acceptable purposes of advertising described

in 10.5. They must not be expressed in ways which suggest they are other than the advertiser’s belief.

(2) Rule 6.1 (Offence) should be borne in mind when considering incidental references which might be offensive to those holding other views.

 

10.9 Services and ceremonies

 

Doctrinal advertisements must not appear to involve viewers in services or ceremonies

 

Note:

It is, however, acceptable to include brief extracts of ceremonies or services in ways which do not conflict with other rules.

 

10.10 Benefit claims

 

Testimonials and references to individual experiences or personal benefits associated with a doctrine are not acceptable

 

10.11 Counselling

 

No doctrinal advertisement may offer counselling

 

 

10.12 Denigration

 

No advertisement may denigrate other doctrines

 

Note:

Suggestions that, for example, a particular doctrine is the ‘only’ or ‘true’ one are not acceptable.

 

10.13 Vulnerable viewers

 

No advertisement may exploit children, or the hopes or fears of any other vulnerable category of viewer (eg the elderly, or those who are sick, separated or bereaved)

 

Note:

References to faith healing, miracle working and directly influencing the future are unlikely to comply with this rule.

 

10.14 Use of fear

 

No doctrinal advertisement may play on fear. References to the alleged consequences of not subscribing to a particular doctrine are not acceptable

 

10.15 Children and young people

 

(a) In general, no doctrinal advertising is acceptable if it is likely to appeal particularly to people under 18. Nor may it appear in breaks in or adjacent to programmes intended principally for them or likely to appeal particularly to them

 

(b) The only exception is advertising for publications, merchandise or other items provided there is no recruitment or fund-raising link

 

Note to 10.15:

Please also refer to 7.2.4 (Direct response advertising to children) and to the BCAP Rules on the Scheduling of Television Advertisements.

 

10.16 Identification

 

Doctrinal advertisements must make clear the identity of the advertiser and, where different, the body on whose behalf the advertisement is being broadcast

 

Note:

Where an organisation is known by more than one name, the one which is likely to be most familiar to viewers should normally be included. There is, however, no requirement to include titles to which the organisation objects.

 

10.17 Advertising on specialised religious channels

 

Notes:

(1) The ASA and BCAP accept that the characteristics and expectations of audiences for ‘specialised religious channels’ justify the relaxation of some rules for those channels.

(2) For these purposes, a ‘specialised religious channel’ is a television service licensed under section 235 of the Communications Act 2003 by means of a determination by Ofcom under Schedule 14, Part 4 paragaph 15 of the Act.

(3) Under 10.5 (Acceptable categories) the expounding of doctrine will be regarded as an acceptable purpose of advertising on these channels.

(4) The following rules do not apply to these channels:

            (a) 10.8 (References to beliefs)

            (b) 10.9 (Services and ceremonies) These must not, however, contain material which conflicts with other rules.

            (c) 10.10 (Benefit claims)

(d) 10.15 (Children and young people) There must, however, be no recruitment or fund-raising link.