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Section 8 - Commercial References in Programmes

This document was originally published by the ITC, one of the organisations replaced by Ofcom at the end of 2003. It represents Ofcom's current policy.

8.1(i) Programme related materials and services

Commercial products or services must not be promoted within programmes (see 8.4).

However the availability of licensee produced materials or services (factsheets, helplines and web sites) that can demonstrate a clear relationship to the content of programmes, can be promoted if editorially justified The licensee must retain the editorial responsibility for these products or services. Books, videos, CD-ROMs, DVDs and music may be promoted only at the end of the programme.

The reference should be brief and confined to the name of the item, its cost and availability. Names of retailers must not be given and no commercial services produced by the licensee or other third parties should be mentioned. Any statement of why the item is a useful addition to the programme must be short and factual.

Promotions are not acceptable if there is also television advertising for the programme related material and services within six weeks of the programme or series.

Promotions likely to appeal to children must advise children to seek parental permission before making any purchase.

The advertising content of any form of programme support material must not exceed 35% of the total format. This advertising needs to be clearly distinguishable from the editorial content.

The unacceptability of a promotion of a product or service within programme time does not prevent the use of paid for advertising as an alternative, including advertising carried on interactive programme enhancements. Please refer to the ITC's Policy Statement on Interactive Services.

Licensee internet sites and addresses are defined by this Code as programme related services. As such they should meet the criteria for editorial responsibility, advertising content and promotion set out in this section. Internet addresses should be limited to the name of the licensee and/or the title of the relevant programme. It is important that the initial pages/home pages accessed show a direct relationship to the content of the programme. Internet addresses may also be used to enable the audience to interact with programmes - in which case the licensee should be responsible for all the interactive arrangements. Non-licensee internet sites or sites owned or part-owned by licensees which are not directly related to the licensed programme services are defined as commercial products or services.

Licensees should be aware that the above criteria also apply to 'acquired' material.

8.1(ii) Social Action and Education Programmes

Announcements about material or activities that are clearly related to social action and education programmes are subject to the following criteria:

factsheets or information packs are available free or at nominal cost and only free phone or standard rate telephone services are used (premium rate services are not permitted);
advertising of any kind is excluded from the announcemen.t

A credit for the sponsor of materials must only appear in vision, in the announcement at the end of the programme.

8.2 Use of premium rate telephone services in programmes

These guidelines concern any premium rate telephone service used or promoted in or around programmes (except in advertisements in commercial breaks or in advertorials or home shopping features)
The licensee must retain control of and responsibility for the service arrangements and the premium line messages (including all matters relating to their content).
Any premium rate telephone service must (in addition to these guidelines) comply fully with the Code of Practice issued by the Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS). Licensees should note the special provisions in the ICSTIS Code of Practice which relate to competitions generally and to children's services in particular.
A premium rate message may only be used to convey information which is directly relevant to the programme with which it is associated, and which is of benefit to viewers.
The call charge rate must be stated clearly and simultaneously with the premium rate number. Where the call is interactive (i.e. it is necessary for the purpose of the call for the viewer to provide a response), prices must be given as the total price per minute and/or likely total cost to the viewer of the complete call. Where the call is not interactive the price information must include the likely total cost to the caller.
A premium rate service may not be used to promote any product or service, except:

programme support materials permitted by Section 8.3 of this Code; and/or
one further premium rate service providing it complies fully with these rules.

8.3 Product Placement

Product placement is defined as the inclusion of, or a reference to, a product or service within a programme in return for payment or other valuable consideration to the programme-maker or ITC licensee (or any representative or associate of either). This is not allowed. For further information, see Section 15 of the ITC Code of Programme Sponsorship.

8.4 Undue prominence

No undue prominence may be given in any programme to a commercial product or service. In particular, any reference to such a product or service must be limited to what can clearly be justified by the editorial requirements of the programme itself. An important practical yardstick is that no impression be created of external commercial influence on the editorial process. In no circumstances may the manner of appearance of a product be the subject of negotiation or agreement with the supplier. Branded products should not, as a general rule, be referred to in audio by brand name, or shown in close?up or from an angle which displays the branding to best advantage, or for any significant length of time.

8.5 Advertisements within Programmes

As a general rule, television advertisements should be confined to paid-for advertising time. Exceptions are:

It may be necessary in a news or factual programme to include a reference to or an extract from a particular advertisement. This should give it no greater prominence than is necessary to make the required point.
An entertainment programme may refer to or use extracts from advertisements provided that: no advertisement is shown which has been transmitted in paid-for advertising time within six weeks of the programme or series. any featured advertisement must be justified by the editorial requirements of the programme.

8.6 Game Shows and Viewers Competitions

Prizes should be described in an informational non-promotional manner. Where editorially justified, there may be two mentions of one brand, or one mention each of two brands, in connection with the prizes in game shows or viewer competitions. Any additional prizes must not be identified by brand.

In viewer competitions, the brand mention(s) may only be given when details of how to enter are given.

Licensees must retain full responsibility for viewer competitions during their programmes. Viewer competitions containing brand mentions must take place within a programme or presentation time, and cannot stand alone as programmes in their own right. Trailers for programmes may not include viewer competitions with brand mentions.

See also Section 18 of the ITC Code of Programme Sponsorship.

8.7 Video News Releases

In general, licensees should be careful to avoid more than the occasional use of such material supplied by non-broadcasting organisations. There must always be a strong editorial reason for its inclusion in programmes.

The source of material supplied by, or on behalf of, official bodies, commercial companies or campaigning organisations should be labelled in vision. Exceptions to this rule may be made where the material itself is very brief and in no sense promotes the supplier's interests. Material whose effect is clearly promotional or partisan should, however, be avoided, unless the organisation's activity is itself the subject of the news story.

8.8 Financial reporting

No one involved in deciding the content of programming (including programme makers and expert guests), may contribute to the broadcast of material that promotes investment in a particular share in which they have a personal interest. Such personal interest extends to that of close family members, which constitutes a spouse and children under 18 years of age.

Additionally, any clearly identified chief executive, director or employee of a company, who appears as a guest in that capacity and speaks about the company is able to promote the shares of the company, and the financial products of an FSA-authorised company in the same group, provided he or she is not doing so as part of an organised marketing campaign. He or she can also promote the shares and financial products in writing e.g. on a licensee’s website subject to the condition above and also that it is in the course of an interactive dialogue in which he or she is expected to respond immediately to questions put, typically where the guest is invited to take part in an email question and answer sessions.

Transparency of any personal interest, where the individual has potential to gain financially from the promotion of investment activity, is paramount. Therefore, licensees must have in place proper systems and procedures to ensure compliance with this rule. The Financial Services Authority suggest this could be achieved if the licensee requires people working on financial programmes to declare and register, for instance, their share ownership and to have this register available to the most senior editorial staff who can ensure that self-interested promotions are not broadcast by the person concerned. Relevant staff would be required to be made aware of the existence of this register and of their obligations to disclose financial interests and should confirm their acceptance of these obligations in writing.