SECTION 11: OTHER CATEGORIES

Background:

This Section contains rules for a range of categories which can have implications for individuals or for society as a whole.

11.1 PREMIUM RATE TELEPHONE SERVICES

11.1.1

Advertisements that include a premium rate telephone number must comply with the PhonepayPlus Code of Practice.

11.1.2

Premium rate services of a sexually explicit nature (ie those which operate on the 0909 dialling code) may not be advertised. An exception is made for premium rate voice services of a sexual nature, which may be advertised on encrypted elements of adult entertainment channels only

11.1.3

Advertisements for services (excluding live or virtual chat) that normally involve a call of at least five minutes must alert viewers that use of the service may involve a long call

11.2 DISTANCE SELLING

Notes:

(1) Distance selling includes home shopping by mail order, telephone order and orders placed through interactive television etc. The majority of distance selling contracts are subject to the Consumer Protection (Distance Selling) Regulations 2000 and licensees should obtain written assurances that those advertising such contracts comply with the regulations. Licensees operating as teleshopping channels must ensure that they are operating in accordance with the regulations where they apply.

(2) BCAP has a number of additional rules for this category (see below) and these should be read in conjunction with 5.3.2(b) and (c) (the requirements for goods payable by instalments and delivery pricing).

(3) Rule 7.2.4 prohibits advertising that offers to sell goods or services to children by means of distance selling.

11.2.1

Before transmitting advertisements for goods or services offered by distance selling, licensees must make arrangements for enquirers to be given the name and full postal address of the advertiser if this is not included in the advertisements

11.2.2

Licensees must be satisfied:

(a) that the advertiser is able to meet any reasonably foreseeable demand created by the advertising. Licensees operating as teleshopping channels must have access to adequate stocks to fulfil such demand

(b) that adequate arrangements have been made for the protection of respondents’ money (eg in the form of bonds or bank guarantees drawn up in favour of the licensee)

(d) that samples of the goods are available for public inspection

(e) that the advertiser is able to fulfil orders within 28 days unless particular circumstances make it reasonable to specify a longer period in the advertisement

(f) that the advertiser will refund money promptly and in full (but normally excluding return costs) if the buyer can show reasonable cause for dissatisfaction with their purchase or with delay in delivery

(g) that the advertisers do not send the goods advertised, or additional goods, without the authority of the recipient

(h) that advertisers who offer goods by distance selling methods can demonstrate or supply samples of the goods advertised to enable any claims to be assessed both before transmission (see 5.2.1) and in the event of subsequent investigation

11.2.3

If the advertiser is likely to send a representative to call on people who respond to the advertisement, either:

(a) that must be made clear in the advertising or

(b) the licensee must obtain an assurance that respondents will be informed in advance

11.3 CHARITIES

Notes:

(1) Some viewers may be susceptible to emotive appeals for money or support and the following rules are designed to prevent the abuse of charitable impulses.

(2) In the case of charities with religious affiliations, Section 10 of the Code also applies.

(3) Section 4 (Political and Controversial Issues) may apply in some circumstances.

11.3.1 Misrepresentation

Advertisements seeking donations for, or promoting the needs or objects of a charitable body (‘charity advertising’) must not misrepresent the body, its activities or the use to which donations will be put

Notes:

(1) To ensure that an organisation is not misrepresenting its status or activities, licensees should normally seek details including, where appropriate, the advertiser’s constitution, aims and objects, recent and current activities, audited accounts and the membership of its governing body.

(2) Licensees must seek assurances from charity advertisers that the response to their advertising, whether in cash or kind or services, will be applied solely to the purposes implied in the advertising.

(3) If, after investigation, licensees still have doubts about the integrity of an advertiser, they should consult BCAP before accepting advertising.

11.3.2 Acceptable advertisers

Charity advertising is only acceptable from:

(a) bodies recognised by the appropriate UK authorities as having charitable status

(b) bodies based outside the UK which supply licensees with confirmation that they comply with all relevant legislation in their home countries

Note to 11.3.2(a):

Charities in England and Wales are registered by the Charity Commission. In Scotland, the Inland Revenue holds a publicly accessible Index of Scottish Charities. There is no equivalent index in Northern Ireland but the Inland Revenue provides recognised bodies with a letter confirming that status. (Neither registration of a charity with the Charity Commission nor recognition by the Inland Revenue indicates that the conduct of its affairs has been investigated and approved.)

11.3.3 Children

No fund-raising message may be addressed to children or be likely to be of particular interest to them

Notes:

(1) This does not, however, prevent advertising simply showing, for example, animals or children if these are the beneficiaries of the charity.

(2) See the BCAP Rules on the Scheduling of Television Advertisements for scheduling restrictions on charity advertising.

11.3.4 Ethical responsibility

Charity advertising must reflect a broad sense of ethical responsibility

Note:

These advertisements should:

(a) not suggest that anyone will lack proper feeling or fail in any responsibility through not supporting a charity

(b) not exaggerate the scale or nature of any social problem

(c) respect the dignity of those on whose behalf an appeal is being made

(d) treat with care and discretion any issues likely to arouse strong emotions. Although viewers are generally more tolerant of potentially distressing images when the objectives of an advertisement are charitable, sensitivity is still required especially in relation to young viewers.

11.3.5 Comparisons

Advertisements must not include comparisons with other charities, non-charitable voluntary bodies or government aid agencies

11.3.6 References to charities in general advertising

(a) Advertisements by non-charity advertisers which promote the needs or objects of charitable bodies, or offer to assist them, are only acceptable if the bodies would be acceptable advertisers in their own right under 11.3.2

(b) Licensees must obtain evidence that the charities have agreed to the proposed advertising

(d) Advertisements which offer to donate money to charity must:

(1) identify the charities which will benefit and

(2) explain the basis on which the amount to be donated will be calculated

(e) Offers to donate money must not depend on sales reaching a given level or be subject to any similar condition. If a target total is stated, any extra money must be donated on the same basis as contributions below that level

(f) Advertisements for medicinal products must not offer to donate money to charity

11.4 HOMEWORKING SCHEMES

11.4.1

Licensees must obtain full details of the scheme and must ensure that advertisements do not give a misleading impression of how it will work or of the likely remuneration

Notes:

(1) For example, any obligation on the homeworker to collect or deliver materials must be explained.

(2) Homeworking schemes are those in which participants, whether employees or not, take on work at or from home on behalf of someone else (for example, addressing envelopes).

11.4.2

No homeworking scheme may be advertised:

(a) if it involves a charge for raw materials or components or

(b) if the advertiser offers to buy goods made by the homeworker or

11.5 INSTRUCTIONAL COURSES

(a) Advertisements offering courses of instruction in trades, or leading to professional or technical examinations, must not exaggerate the resulting opportunities for employment or remuneration

(b) Advertisements must not offer unrecognised qualifications

(c) Advertisements for correspondence schools and colleges, other than those accredited by the Open and Distance Learning Quality Council, are unacceptable except in circumstances approved by BCAP.

11.6 THE NATIONAL LOTTERY

Note:
National Lottery advertising is also subject to the Advertising and Sales Promotion Code of Practice approved by the National Lottery Commission.

Advertisements for the National Lottery:

(a) must not be directed at people under 16 or use treatments likely to be of particular appeal to them

Note to 11.6(a): Please refer to the BCAP Rules on the Scheduling of Television Advertisements for scheduling restrictions.

(b) must not feature any personality whose example children under 16 are likely to follow or who has particular appeal to audiences under that age

(c) must not show or encourage excessive or reckless playing

(d) must not present such products as an alternative to work or as a way out of financial difficulties

Note to 11.6(d):
Advertisers may however refer to other benefits of winning a prize.

11.7 INTRODUCTION AND DATING SERVICES

Note to 11.7:

Services operating through premium rate telephone numbers are also subject to the PhonepayPlus Code.

11.7.1

Advertisements for introduction and dating services:

(a) must not suggest that people without a partner are inadequate or unfulfilled

(b) must not contain material that appears to encourage or condone promiscuity

(d) must not imply a greater degree of matching of individual clients according to suitability than is the case

11.7.2

For advertising subject to 11.7, licensees must obtain an assurance that the advertiser gives clear advice on precautions to take when meeting people though introduction or dating services

11.8 Alcoholic Drinks

On 1 July 2007, a new and important regulation governing nutrition and health claims for foods (including alcoholic drinks) came into force. The regulation is complex and mandatory. BCAP encourages broadcasters to take advice on the effect of the regulation and to consult the Food Standards Agency’s Guidance to Compliance with Regulation (EC) 1924/2006 on Nutrition and Health Claims on Foods, which is available at http://www.food.gov.uk

The spirit as well as the letter of the rules in this section apply whether or nor a product is shown, referred to or seen being consumed. (See also rule 1.2).

Rule 11.8.1 applies to all advertising. 11.8.2 applies only to advertising for alcoholic drinks.

Where soft drinks are promoted as mixers, rules 11.8.1 and 11.8.2 apply in full.

11.8.1 – Rules which apply to all advertising.

11.8.1(a)

(1) Advertisements must not suggest that alcohol can contribute to an individual’s popularity or confidence, or that refusal is a sign of weakness. Nor may they suggest that alcohol can enhance personal qualities.

(2) Advertisements must not suggest that the success of a social occasion depends on the presence or consumption of alcohol.

11.8.1(b)

Advertisements must not link alcohol with daring, toughness, aggression or anti-social behaviour.

11.8.1(c)

Advertisements must not link alcohol with sexual activity or success or imply that alcohol can enhance attractiveness.

11.8.1 (d)

Advertisements must not suggest that regular solitary drinking is acceptable or that drinking can overcome problems.

11.8.1(e)

Advertisements must neither suggest that alcohol has therapeutic qualities nor offer it as a stimulant, sedative, mood–changer, or source of nourishment, or to boost confidence. Although they may refer to refreshment, advertisements must not imply that alcohol can improve any type of performance. Advertisements must not suggest that alcohol might be indispensable or link it to illicit drugs.

11.8.1 (f)

Advertisements must not suggest that a drink is to be preferred because of its alcohol content nor place undue emphasis on alcoholic strength. (This does not apply to low alcohol drinks. See 11.8.3)

11.8.1 (g)

(1) Advertisements must not show, imply or encourage immoderate drinking. This applies both to the amount of drink and to the way drinking is portrayed.

(2) References to, or suggestions of, buying repeat rounds of drinks are not acceptable. (Note: This does not prevent, for example, someone buying a drink for each of a group of friends. It does, however, prevent any suggestion that other members of the group will buy any further rounds.)

(3) Alcoholic drinks must be handled and served responsibly.

11.8.1(h)

Advertisements must not link drinking with the use of potentially dangerous machinery, with behaviour which would be dangerous after consuming alcohol (such as swimming) or with driving.

11.8.2 – Additional rules for alcohol advertisements.

11.8.2(a)

(1) Advertisements for alcoholic drinks must not be likely to appeal strongly to people under 18, in particular by reflecting or being associated with youth culture.

(2) Children must not be seen or heard, and no-one who is, or appears to be, under 25 years old may play a significant role in advertisements for alcoholic drinks. No-one may behave in an adolescent or juvenile way.
Notes: (1) See the exception in 11.8.2 (a)(3)
(2) In advertising for low alcohol drinks, anyone associated with drinking must be, and appear to be, at least 18 years old.

(3) There is an exception to 11.8.2 (a)(2) for advertisements in which families are socialising responsibly. In these circumstances, children may be included but they, and anyone who is, or appears to be, under 25 must only have an incidental role. Nevertheless, it must be explicitly clear that anyone who appears to be under the age of 18 is not drinking alcohol.

11.8.2(b)

Advertisements for alcoholic drinks must not show, imply or refer to daring, toughness, aggression or unruly, irresponsible or anti-social behaviour.

11.8.2(c)

Advertisements for alcoholic drinks must not appear to encourage irresponsible consumption.

11.8.2(d)

Advertisements for alcoholic drinks must not normally show alcohol being drunk in a working environment.

11.8.2(e)

Alcoholic drinks must not be advertised in a context of sexual activity or seduction but may include romance and flirtation subject to rule 11.8.2 (a) (Youth appeal)

11.8.2(f)

Advertisements for alcoholic drinks may contain factual statements about product contents, including comparisons, but must not make any other type of health, fitness, or weight control claim.

11.8.3 – Low alcohol drinks.

Exceptions to 11.8.1 and 11.8.2 apply to advertisements for drinks containing 1.2% alcohol by volume or less so long as the low alcohol content is made clear. (The exceptions are not granted if the advertising might promote a product of higher alcoholic strength or might conflict with the spirit of the rules.)

The exceptions are:
(a) 11.8.2 (a)(2): Anyone associated with drinking must be, and appear to be, at least 18 years old.
(b) The advertisements need not comply with:
11.8.1 (f)
11.8.1 (g)(1) or (2)

11.9 DRIVING STANDARDS

Note to 11.9:

11.9.1 applies to any advertising which features or refers to driving. 11.9.2 contains additional rules for automotive advertising.

11.9.1 Rules for all advertising

No advertisement may encourage or condone dangerous, inconsiderate or irresponsible driving or motorcycling

Note:

This does not prevent flamboyant driving in scenes which are clearly fantasy or ‘theatrical’ so that the action is distanced from reality (eg scenes of driving mayhem in trailers for action films).

11.9.2 Automotive advertising

Advertisements for cars, motorbikes or other automotive products must not:

a) encourage or condone fast or irresponsible driving nor

b) refer to speeds over 70mph nor

c) demonstrate power, acceleration, handling characteristics etc except in a clear context of safety. Any references to such characteristics must not imply excitement or competitiveness

Background to 11.9.2:

There is a public policy requirement that advertising for vehicles, fuels, accessories etc should be responsible and should not contribute to a culture of competitive, anti-social driving, especially amongst young drivers. Factors other than advertising play a major part in establishing driving culture but television advertising can be powerful and insistent and the way advertisers demonstrate their products may be particularly influential. Problems are more likely to be avoided if the guidance below is followed.

Notes:

(1) The guidance does not apply to public service advertising about road safety.

(2) Highway Code: All driving which appears to be on public roads or in public places should normally comply with the letter and spirit of the Highway Code. Exceptions may be made where there is no indication that the setting is in the UK and the failure to comply would not, in real life, have direct safety implications (eg using fog lights when visibility is good). Sequences which are clearly fantasy (ie which would not be possible in reality) do not normally cause difficulties but care is needed where an advertisement features, however fancifully, driving behaviour which could be copied or which might condone other forms of bad driving.

(3) Power and speed: Advertising must not suggest that fast driving is exhilarating nor portray driving as if it were a competitive sport. Conversely, there must be no suggestion that driving safely or cautiously is staid or boring. There must be no suggestion that a vehicle is to be preferred because of its power or speed. Words like ‘performance’ can be ambiguous and care should be taken to make the meaning clear.

(4) Racing and rallying: Scenes of motor racing, off-road rallying etc rarely cause problems if they are clearly established as such and do not circumvent the spirit of this rule. For example, there should be no emotive references to the power of a rally car which shares the model name of a road car. Vehicles should normally be in racing livery and there must be no suggestion that standard production vehicles might be driven in a competitive way or are particularly suitable for fast driving. There should be no suggestion that competitive sport has been used in the development of increased power, speed etc in road cars (eg ‘race-bred engines’) but references to other improvements, such as reliability, in that context are harmless.

(5) Foreign settings: Where the setting of an advertisement is clearly a foreign country, driving may comply with less strict local regulations except where this might encourage dangerous emulation (eg motorcyclists riding without helmets) or would run counter to the spirit of this rule. There must be no references to,

or sequences showing driving at speeds in excess of UK limits.

(6) Off-road settings: It is normally acceptable to use a location which is unambiguously not a road or public place in order to demonstrate features of a vehicle when this could not be done within the constraints of the Highway Code. But the use of off-road locations must not circumvent the spirit of these guidelines, for example by showing aggressive driving.

Where such off-road sequences can be justified, it is not normally sufficient simply to indicate that a road has been closed to the public. The location should clearly be of a type which could not be accessible to general road users.

(7) Safety features: Whilst the relative benefits of a safety feature may be claimed, there must be no suggestion that a vehicle’s safety features enable it to be driven in complete safety or to be driven faster than would otherwise be the case. When a special feature is to be demonstrated (such as anti-lock brakes or superior manoeuvrability) any sudden stop or manoeuvre should not normally be made necessary by the featured vehicle travelling too fast for the circumstances or being driven badly. Accidents should not be presented as being of little consequence.

11.10 GAMBLING

Notes to 11.10:

1) The rules in this section are designed to ensure that gambling advertisements are socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling.

2) The term “gambling” means gaming, betting, and participating in a lottery, as defined in the Gambling Act 2005, and spread betting. This section does not apply to the UK National Lottery. See Rule 11.6.

3) The Gambling Act does not apply outside Great Britain. Licensees should ensure that specialist legal advice is sought when considering advertising any gambling products in Northern Ireland or the Channel Islands.

4) Spread Betting may be advertised as an investment activity under the Financial Services and Markets Act (FSMA) 2000, the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 and other FSA rules and guidance. Spread betting may be advertised on specialised financial channels or in specialised financial programming or on interactive or additional TV services (including text services) only (see Section 9 Rule 9.5). A “Spread Bet” is a contract for differences that is a gaming contract, as defined in the glossary to the FSA Handbook.

5) The rules in this section apply to advertisements for “play for money” gambling products and advertisements for “play for free” gambling products that offer the chance to win a prize or that explicitly or implicitly direct the consumer to a “play for money” gambling product, whether on-shore or off-shore.

6) For the purposes of this section, “children” are people of 15 and under and “young persons” are people of 16 or 17.

11.10.1 – Rules for all advertisements
Rule 11.10.1 is not intended to inhibit advertisements to counter problem gambling that are responsible and unlikely to promote a brand or type of gambling.

(a) Advertisements must not portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm.

(b) Advertisements must not suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression.

(c) Advertisements must not suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security.

(d) Advertisements must not portray gambling as indispensable or as taking priority in life, for example over family, friends or professional or educational commitments.

(e) Advertisements must neither suggest peer pressure to gamble nor disparage abstention.

(f) Advertisements must not suggest that gambling can enhance personal qualities, for example that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration.

(g) Advertisements must not link gambling to seduction, sexual success or enhanced attractiveness.

(h) Advertisements must not portray gambling in a context of toughness or link it to resilience or recklessness.

(i) Advertisements must not suggest gambling is a rite of passage.

(j) Advertisements must not suggest that solitary gambling is preferable to social gambling.

11.10.2 – Rules for gambling advertisements.
Advertisements for events or facilities that can be accessed only by entering gambling premises must make that condition clear.

Unless they portray or refer to gambling, rule 11.10.2 does not apply to advertisements for non-gambling leisure events or facilities, for example hotels, cinemas, bowling alleys or ice rinks, that are in the same complex as but separate from gambling events or facilities.

(a) Advertisements for gambling must not exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons or other vulnerable persons.

(b) Advertisements for gambling must not be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture.

(c) No child or young person may be included in a gambling advertisement. No-one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role. No-one may behave in an adolescent, juvenile or loutish way.

(d) Advertisements for family entertainment centres, travelling fairs, horse racecourses and dog race tracks, and for non-gambling leisure facilities that incidentally refer to separate gambling facilities e.g. as part of a list of facilities on a cruise ship, may include children or young persons provided they are accompanied by an adult and are socialising responsibly in areas that the Gambling Act 2005 does not restrict by age. Advertisements for a lottery product may include children or young persons. No-one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role.

(e) Advertisements that exclusively feature the good causes that benefit from a lottery and include no explicit encouragement to buy a lottery product may include children or young persons and they may be featured playing a significant role.

(f) Advertisements for gambling products must not exploit cultural beliefs or traditions about gambling or luck.

(g) Advertisements for gambling products must not condone or encourage criminal or anti-social behaviour.

(h) Advertisements for gambling products must not condone or feature gambling in a working environment. An exception exists for licensed gambling premises.