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BACKGROUND AND INTRODUCTION

Once the Ofcom Broadcasting Code has been finalised, we propose to provide guidance on the Ofcom web site to broadcasters, viewers and listeners. The intention is that the guidance should serve as tool for the users of the Code and it will be updated as and when appropriate. The guidance will be non-binding, which means that a broadcaster cannot be found in breach of the guidance.

As the Ofcom Code has not been issued, no guidance has yet been drawn up. The principles and rules in the Code are subject to the outcome of this consultation as is, to some extent, Ofcom's interpretation of them. We do, however, recognise that it may be useful for respondents to this consultation to have an example of the type of information we may include in guidance. So we have set out illustrative draft guidance to the sponsorship section of the draft Code below.

Please note that this guidance is in draft and based on a version of the Code which is subject to consultation. The sponsorship guidance below is only intended as an indication of what guidance may look like in terms of style, content and structure. While we invite comments on the way the Code is structured as a whole (see the approach to the Code in the RIA, section 14 of this consultation), including the concept of guidance, we are not expecting comments on the detail of this draft guidance note on sponsorship.

It is also important to point out that guidance may be different for different sections of the Code. Sponsorship is largely a technical area, suited to 'rule-by-rule' guidance. In other areas, such as, for example, Harm and Offence, guidance may instead take the form of a narrative relating to subject matters rather than individual rules.

DRAFT GUIDANCE NOTES: Sponsorship
(This section and therefore this guidance, does not apply to the BBC)

These Guidance Notes aim to reflect Ofcom's thinking and any applicable current practice in its interpretation and application of the Ofcom Broadcasting Code (the Code). They must always be read in conjunction with the Code. Guidance may relate to a specific meaning, principle or rule in the Code, or may apply to the whole Code, or a part of it as appropriate.

The Guidance Notes are not exhaustive and cannot cover every eventuality. They should in no way be taken to replace or change the meaning of the Ofcom Code or the relevant legislation. Broadcasters must ensure they have their own compliance arrangements to ensure they meet the requirements of the Code. If a rule is not referred to below it means that we have not published any current guidance in relation to it.

Ofcom intends, and reserves the right, to revise and amend this guidance as and when appropriate. Always ensure that you are using the most recent Guidance Notes. You can receive updates by email whenever the guidance is revised or new guidance issued. To stop your subscription, or to have a new email address added, please send an email to [email]. Broadcasters may also seek informal guidance on the Code by contacting Ofcom directly [address, phone no., email for queries].

SPONSORSHIP

Rule 9.1 (i) (Radio)

• News bulletins and news desk presentation may not be sponsored.

Non-news desk features with a current affairs background and business/financial news or comment may be sponsored on radio. Care must be taken with the positioning of sponsorships, however, to avoid the impression that a news bulletin or the station's news output is sponsored. The Communications Act 2003 sub-sections 319(2)(c) and 319(2)(d) require "that news included in television and radio services is presented with due impartiality..." and "...is reported with due accuracy."
Sponsorship should not compromise this requirement. Stations may credit news sources, however, with a simple, single acknowledgement of the news provider, whether a news agency or local newspaper. This is not regarded as sponsorship if the provider has not paid for the specific credit, which must not be presented in a way that appears to suggest it has.

Rule 9.1(ii) (Television)

• News and current affairs programmes may not be sponsored.

'News' includes any programme or newsflash containing local, national or international news.

Short specialist reports following a news programme - including sport, travel and weather reports - may be sponsored. They must be presented outside, and clearly separated from, the news programme (e.g. by end credits for the news programme, a station identification or by a commercial break)

Ofcom will normally regard a current affairs programme as one that contains explanation and analysis of current events and issues, including material dealing with political or industrial controversy or with current public policy.

Rule 9.1(iii) (Television)

• Consumer advice programmes (programmes or series offering or including reviews or advice on products or services, including what to buy or where to go) may not be sponsored by sponsors whose business involves the marketing or provision of products or services of the type featured.

This restriction is designed to prevent advertisers with a particular interest in a field influencing (or being perceived as influencing) editorial content. E.g. a programme that includes reviews about cars could not be sponsored by a car manufacturer. Any complimentary review of the sponsor's product within the programme could be seen as promotional for the sponsor (and therefore in breach of Rule 9.7). Research also shows us that viewers are likely to question the integrity of any such review*. To exclude the sponsor's product from the programme or to give them only mediocre or bad reviews would also amount to an unacceptable influence on the editorial.

Instructional ('how to do') programmes which do not include purchasing advice or reviews may be sponsored by advertisers who supply products or services relevant to the area concerned, provided there is no conflict with other provisions of the Code.

While business and finance programmes are not specifically prohibited from sponsorship, many such programmes must not be sponsored or will be restricted in the choice of sponsor. This is due to the prohibition on sponsorship of certain programmes including current affairs, or the rules concerning the sponsorship of consumer advice programmes. E.g. programmes which contain interpretation or comment on relevant news stories or topical issues and financial advice programmes could not be sponsored.

* Broadcasting Standards Regulation, Millwood Hargrave, November 2003

Rule 9.3

• No programme on radio or television may be sponsored by a sponsor that is not allowed to advertise on that media...

Current restricted/prohibited categories of advertising on radio include:

• those who practise or advocate illegal or harmful, or potentially harmful, behaviour;
• tobacco and tobacco products
• firearms and other weaponry
• obscene and restricted material, prostitution and other sexual services
• advertisements of a political nature
• prescription only medicines

Current restricted/prohibited advertisers for television include:

• breath-testing devices and products that purport to mask the effects of alcohol
• all tobacco products. Also non-tobacco products or services which share a brand name with a tobacco product where these are prohibited by law from advertising in other UK media
• private investigation agencies
• guns and gun clubs
• escort agencies
• pornography
• the occult etc
• commercial services offering individual advice on personal or consumer problems
• bodies with political objectives
• Prescription only medicines
• Products for the treatment of alcohol and substance dependence
• Hypnosis-based procedures (including techniques commonly referred to as hypnotherapy), psychiatry, psychology, psychoanalysis and psychotherapy
• Remote medical prescription or treatment
• Homeopathic medicines without UK registration
• Some investment products
• Some bodies subject to the rules on religion, faith and systems of belief
• Most 0909 premium rate phone services
• Some home-working schemes
• Some instructional courses

Full details of the prohibitions and restrictions can be found in the relevant Advertising Codes.

Rule 9.4

• Scheduling restrictions that apply to advertising on the relevant media apply also to sponsorship.

This means that a sponsor may not sponsor a programme during which it would not be allowed to advertise nor at a time during which it would not be allowed to advertise.

Rule 9.7

• There may be no promotional reference to the sponsor, its name, trademark, image, activities, services, products or any other direct or indirect interest, in the programme. Any non-promotional reference must be editorially justified. This extends to generic references.

There is no absolute prohibition on references to the sponsor in the programme they are sponsoring. However, any reference (actual or generic) to a sponsor or a sponsor's product or service must not be promotional and there must be editorial justification for its inclusion. A reference to the sponsor should never be conditional and the sponsorship arrangement may create a higher presumption that a reference is deliberate and/or promotional.

Rule 9.8

• Sponsorship must be clearly identified at the beginning and/or end of the programme.

This rule sets out the minimum requirements to help ensure sponsorship arrangements are transparent. There may also be bumper credits (entering and/or leaving a commercial break). On television, credits may be oral and/or visual.

Rule 9.9

• The relationship between the sponsor and the programme must be transparent.

The sponsor's actual involvement with the programme must be clear to the audience. This includes advertiser funded and masthead programmes.

Rule 9.11 (Radio)

• Credits must be broadcast during longer sponsored output, as appropriate for the degree of transparency required.

Credits are normally broadcast about every 20 minutes but circumstances (e.g. concerts) may demand otherwise.

Rule 9.12 (Radio)

• Credits must be short branding statements. They may, however, contain legitimate advertising messages, which must remain secondary.

A full sponsor credit comprises the sponsor's name, identifies clearly the sponsored output and may contain legitimate advertising. Legitimate advertising includes sales messages, slogans, addresses, phone numbers, web addresses etc. A sponsor credit should not sound like an advertisement.

Rule 9.14 (Radio)

• Credits must be cleared for broadcast in the same way as advertisements.

All credits must be copy cleared centrally (for special category sponsorships) or locally.

9.16 (Television)

• There may be no sponsor credits within programmes.

1. Where a programme contains sponsored strands or sponsored specialist reports, credits must be presented outside, and clearly separated from, the programme.

The sponsored strand should be clearly identified and separated from the main programme (e.g. by end credits, station identifications, or by a commercial break). This is to prevent the impression that sponsor credits are appearing within the main programme.

Rule 9.17 (Television)

• Sponsorship must be clearly separated from advertising. Sponsor credits must not contain advertising messages or calls to action. In particular, credits must not encourage the purchase or rental of the products or services of the sponsor or a third party.

Credits cannot contain advertising messages or calls to action. The rule does allow sponsors to include basic contact details and mandatory price information in the credits, as long as these do not form part of an advertising message. Any price information that is not mandatory will generally be considered as an advertising message, as may mandatory price information where it is presented as such.

Rule 9.18 (Television)

• Where a programme trailer contains a reference to the sponsor of the programme, the sponsor reference must remain brief and secondary.

The main purpose of a programme trailer is to alert viewers to a forthcoming programme. Any reference to the sponsor should be simple and factual and usually last no longer than a few seconds

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