In 2007, the European Court of Justice (ECJ) ruled that a quiz TV show, which invited audience participation through premium-rate telephone calls, could be classified as teleshopping. Ofcom concluded that the significance of the ECJ’s judgement extended beyond blocks of quiz TV to other genres of Participation TV, inviting similar paid-for interaction with broadcast content, for example adult chat TV and psychic TV. As a result, in December 2009, Ofcom amended the Broadcasting Code to clarify that services designed primarily to promote Premium Rate Service (PRS) lines would not be classified as editorial in nature but would be treated as advertising and so regulated under the UK Code of Broadcast Advertising.  The amendments to the Code come into effect on 1 September 2010.

Participation TV is all types of long-form advertising that are primarily dependent on the promotion of PRS phone lines or has its primary purpose the paid interaction by viewers with content, through payment mechanisms other than PRS. Types of Participation TV include: adult chat, psychic chat, quiz call, interactive gambling, message boards and dating channels.

Telephone-based psychic readings and adult chat services are currently heavily restricted categories of TV advertising. Ofcom proposes to amend the UK Code of Broadcast Advertising to ensure that the regulation of those services remains proportionate to the aim of protecting the viewing public from harm and offence.  Ofcom believes that when these services are regulated by the UK Code of Broadcast Advertising it will offer enhanced consumer protection as well as benefits to broadcasters by increasing clarity, consistency and therefore fair competition in the acceptable use and promotion of PRS.

New Rules, effective from 1 September

Revised rule on telecommunications-based sexual entertainment services in Advertising Code

Telecommunications-based sexual entertainment services are voice, text, image or video services of a sexual nature that are made available to consumers via a direct response mechanism and are delivered over electronic communication networks.

1) Advertising for telecommunications-based sexual entertainment services is only acceptable on:

i) Encrypted elements of adult entertainment channels, or

ii) Channels that are licensed for the purpose of the promotion of the services and are appropriately positioned and labelled within an “Adult” or similar section of an Electronic Programme Guide.

2) Advertising for telecommunications-based sexual entertainment services must not be broadcast before 9pm or after 5:30am. On Digital Terrestrial Television, advertising for telecommunications-based sexual entertainment services must not be broadcast before 12am or after 5:30am.

Note: Encrypted elements of adult channels are interpreted with reference to rule 1.18 of the Broadcasting Code.

Revised rules on psychic practices in the Advertising Code

Rule 15.4 Television advertisements must not promote psychic practices or practices related to the occult, except those permitted by rule 15.5. Radio advertisements may promote psychic and occult practices but must not make efficacy claims.

Psychic and occult-related practices include ouija, satanism, casting of spells, palmistry, attempts to contact the dead, divination, clairvoyance, clairaudience, the invocation of spirits or demons and exorcism.

Rule 15.5 – Television only Subject to rules 15.5.1 and 15.5.2, television advertisements may promote services that the audience is likely to regard merely as entertainment and that offer generalised advice that would obviously be applicable to a large section of the population, for example, typical newspaper horoscopes.

Rule 15.5.1 Advertisements may promote a pre-recorded tarot-based prediction service if:

15.5.1.a the service includes no content that respondents might feel to be threatening and

15.5.1.b both the advertisement and the service state clearly that the service is pre-recorded and qualify references to “tarot” to make clear that the predictions are not based on live readings.

15.5.2 Advertisements for personalised and live services that rely on belief in astrology, horoscopes, tarot and derivative practices are acceptable only on channels that are licensed for the purpose of the promotion of such services and are appropriately labelled. Both the advertisement and the product or service itself must state that the product or service is for entertainment purposes only.

15.5.3 Advertising permitted under rule 15.5 may not:

  • Make claims for efficacy or accuracy;
  • Predict negative experiences or specific events;
  • Offer life-changing advice directed at individuals – including advice related to health (including pregnancy) or financial situation;
  • Appeal particularly to children;
  • Encourage excessive use

New Licensing Requirements

TV channels wishing to promote telecommunications based sexual entertainment services (including PRS) or live psychic PRS will be required to ensure that they are licensed – through Ofcom - for the purpose of the promotion of such services. Broadcasters will need to request an amendment to the annex to their licence should they wish to broadcast such content. This should be in advance of the date that the rules come into effect on 1 September 2010. 

Regulatory Arrangements

From the 1 September 2010 Ofcom and BCAP/ASA have agreed that, for the time being, Ofcom will be the regulatory body for Participation TV in all its guises. The ASA will refer complaints about Participation TV to Ofcom who will determine whether a complaint identifies a breach of the UK Code of Broadcast Advertising.


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