SECTION 2: PROGRAMMES AND ADVERTISING

Background:

(1) Section 2 has two purposes. The first is to ensure that viewers know at all times whether they are watching programming or advertising. The second relates to editorial independence and is to ensure that programmes are not distorted for commercial purposes; links between advertisers and programme properties are restricted for that purpose.

(2) Unless otherwise stated, Section 2 also applies to programme promotions.

(3) ‘Programme’ in this rule is defined as any current or recent programme on any UK television service. ‘Current’ refers to series still running or likely to be resumed. ‘Recent’ is defined as any programme or series last transmitted (including repeats) in the previous two years.

(4) The Ofcom Rules on the Amount and Distribution of Advertising and the BCAP Rules on the Scheduling of Television Advertisiements contain rules on specific separations of programmes and advertising.

2.1 Separation of advertisements and programmes

2.1.1

There must be a clear distinction between programmes and advertisements

Note:

In ambiguous cases, advertisements must be identified as such on screen.

2.1.2

Advertisements must not:

(a) use expressions reserved for important news and public service announcements (eg ‘news flash’)

(b) use a situation, performance or style reminiscent of a programme in a way that might confuse viewers as to whether they are watching a programme or an advertisement

(c) refer to themselves in a way that might lead viewers to believe they are watching a programme (eg by adopting the title ‘Programme’)

(d) include extracts from broadcasts of parliamentary proceedings

(e) feature, visually or orally, anyone who regularly presents news or current affairs on television

Notes to 2.1.2(c) – (e):

(1) Rules 2.1.2(c) – (e) do not apply to programme promotions.

(2) Ofcom can offer licensees advice on 2.1.2(e).

2.2 Editorial independence

2.2.1

Broadcasters must retain editorial independence and responsibility for the content and scheduling of programmes

2.2.2

Advertisements must not:

(a) refer to the use or appearance of any product or service in any programme

(b) feature a person who appears in any current programme which the advertiser would be precluded from sponsoring. (See Section 9 of the Ofcom Broadcasting Code (Sponsopship)) 

(c) include extracts from any recent or current programme (with limited exceptions)

(d) include titles, logos, sets or theme (ie start/end) music from any programme (with limited exceptions

Notes to 2.2.1 and 2.2.2:

(1) 2.2.2(c) and (d) do not apply to programme promotions.

(2) Other exceptions to 2.2.2(c) and (d) concern advertisements for products or services based on a particular programme. In these cases, if an actual programme extract is used, the programme extract must not appear to endorse the product or service advertised. Care must also be taken to ensure the advertisement as a whole is not mistaken for an extract from the programme.

(3) 2.2.2(c) does not apply to news footage or brief extracts from interviews where the interviewer is not identified or in the case of programmes not readily identifiable as such (eg typical wildlife footage).

(4) 2.2.2(d) only applies to music predominantly associated or identified in viewers’ minds with a particular programme.

(5) There are further exceptions to 2.2.1 and 2.2.2 for some sponsors and programmes subject to Section 9 of the Ofcom Broadcasting Code (Sponsorship).

The promotion of programme support material is subject to Section 10 of the Ofcom Broadcast Code (Commercial References and Other Matters). 

Notes: Permissions and Copyright

(1) Advertisements have the potential to impinge on intellectual property rights if they are linked to a programme, for example by featuring actors playing the same characters they play in the programme. Advertisers are advised to obtain any necessary permissions before committing themselves to production.

(2) Licensees are free to give advertisers permission to use elements of a programme but are advised to take account of the likely effect on the programme’s reputation. Any references in the programmes to the relevant products, services or advertising are likely to contravene the ‘no undue prominence’ requirements of the Ofcom Broadcasting Code (Sponsorship and Commercial References sections).