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Home > TV > Information for TV Broadcasting Industry > Broadcast Codes > Legacy > Rules on Amt & Schd of Adv > Section 4
4. Particular Separations of Advertisements and 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.
| No box - Applicable to all channels | ||
| Tint box - Only applicable to Channels 3-5 | ||
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Keyline box - Only applicable to services other than Channels 3-5 |
| 4.1 | General Principles |
| 4.1.1 | The ITC expects its licensees to exercise responsible judgement on the scheduling of advertising and in particular to operate internal systems capable of identifying in advance, and avoiding, inappropriate juxtapositions between advertising material and programmes, particularly those which could cause distress or offence to viewers. |
| 4.1.2 | Particular sensitivity is required in relation to advertising inserted in or around news programmes where a news item, especially one of a tragic nature, may completely transform the context in which an advertisement having some apparent connection with it may be perceived by viewers. In some cases of this kind a separation from news references may be insufficient and it may be preferable to suspend the advertising altogether in order to avoid distress or offence. |
| 4.2 | Specific Seperation Requirements |
GENERAL NOTES: | |
| 4.2.1 | Children and Young People |
| (a) The following may not be advertised in or adjacent to children's programmes or programmes commissioned for, principally directed at or likely to appeal particularly to audiences below the age of 18: | |
(i) alcoholic drinks containing 1.2 per cent alcohol or more by volume; (See also 4.2.5 below.) | |
| (b) The following may not be advertised in or adjacent to children's programmes or programmes commissioned for, principally directed at or likely to appeal particularly to audiences below the age of 16: | |
(i) lotteries; | |
| (c) The following may not be advertised in or adjacent to children's programmes or programmes which are of particular appeal to children under the age of 10: | |
(i) female sanitary protection products. | |
| (d) The following may not be advertised in or adjacent to children's programmes: | |
(i) drinks containing less than 1.2 per cent alcohol by volume when presented as low or no-alcohol versions of an alcoholic drink; | |
NOTES: | |
| 4.2.2 | Merchandise Based on Children's Programmes |
| Advertisements for merchandise based on children's programmes must not be broadcast in any of the two hours preceding or succeeding episodes or editions of the relevant programme. | |
NOTE: | |
| 4.2.3 | Treatments Unsuitable for Children |
| Advertisements which might frighten or cause distress to children of particular ages or which are otherwise unsuitable for them (eg, because they refer explicitly to sexual matters) must be subject to appropriate restrictions on times of transmission designed to minimise the risk that children in the relevant age group will see them. This does not preclude well-considered daytime slotting for such material but licensees should take account of factors such as school holidays, which may affect child viewing levels. In some cases, material which would be incomprehensible to pre-school children and could, therefore, reasonably be shown when they are viewing with parents, may be more problematic in relation to older children. | |
| 4.2.4 | Post Watershed |
| (a) The following may not be advertised before 9pm: Advertisements in which personalities or other characters (including puppets etc.) who appear regularly in any children's television programme on any UK television channel present or positively endorse products or services of special interest to children. | |
| (b) The following may not be advertised before 9pm without the prior agreement of the Commission: | |
(i) advertisements in which children are shown having any medicine, or vitamin or other dietary supplement administered to them; | |
NOTE: | |
| 4.2.5 | Religious Programmes |
| The following may not be advertised in or between religious programmes: | |
(i) alcoholic drinks containing 1.2 per cent alcohol or more by volume. (See also 4.2.1 (a) above.) | |
| 4.2.6 | Charities |
| The following may not be advertised adjacent to any appeal or community service announcement transmitted in programme time: | |
(i) Advertisements which fail to be considered under any part of Appendix 4 of the ITC Advertising Standards Code Charity Advertising. | |
| 4.2.7 | Persons Appearing in Advertisements and in Programmes |
| (a) In order to maintain a distinction between programmes and advertisements that is clear to the viewer, and to minimise any risk of confusion between the two, advertisements featuring a well known personality or performer, or a person who takes a leading role in or whose appearance is central to a programme, must not be scheduled in breaks in or adjacent to that programme. For these purposes cartoon and puppet characters are classed as 'persons'. Notes (i) to (v) below set out permissible exceptions to this rule. | |
NOTES: | |
| (b) Except in the circumstances described in Note (iv) above, an advertisement featuring someone who appears regularly as a leading performer or participant in a series or serial must not be broadcast in breaks in or adjacent to the programme in question, whether or not he or she appears in that episode. | |
| (c) Advertisements in which persons (including puppets, etc.) who appear regularly in any children's television programme on any UK television channel present or positively endorse products or services of special interest to children, must not be broadcast before 9pm. | |
NOTE: | |
| 4.2.8 | Extracts From Programme Material |
| Rule 5(c) of the ITC Advertising Standards Code sets out circumstances in which it is permissible for advertisements for products or services which are based on a particular programme to contain elements from that programme. Such advertisements must not be scheduled in breaks in or immediately preceding any episodes or editions of the programme to which they relate but may appear in the break immediately following provided they are not first in the break. | |
NOTE: | |
| 4.2.9 | Programmes Featuring Advertisements |
| Advertisements for products or services which appear in any advertisement shown as part of programme content may not be transmitted within or adjacent to that programme. | |
NOTE: | |
| 4.2.10 | UK Politicians |
| For the purposes of this rule, a 'politician' is defined as a Member of, or candidate for, the European or UK Parliament, other elected assemblies in the UK, or a local authority, together with any person prominent in a political party organisation. | |
| (a) Once a General or European Election, or a by-election for the UK or European Parliament, or a local election (excluding a local by-election) has been called, no advertisement featuring a UK politician may be shown in any area in which the election is taking place. | |
| (b) In the case of Parliamentary by-elections and local authority elections, advertisements featuring candidates must not be shown in breaks in or adjacent to national news or election results programmes in areas where an election is taking place. | |
| 4.2.11 | Live Parliamentary Broadcasts |
| There are particular requirements applicable to advertisements in or adjacent to broadcasts of live Parliamentary proceedings. See Section 10. | |
| 4.3 | Other Seperations and Timing Restrictions |
| (a) The ITC reserves the right to issue directions requiring separations between particular advertisements or types of advertisement and particular programmes or types of programme for reasons or in ways that go beyond those listed above. These separations will usually be one of the following: | |
(i) not first and/or last in any advertising break; | |
| (b)On encrypted subscription services where normal programme content-related scheduling constraints have been relaxed, advertising appearing similarly encrypted on such a service may reflect the programme scheduling. | |
| Example: Where the programme watershed has been moved on such a service, say to 8pm, then encrypted advertisements that attract a watershed timing restriction will be permitted after 8pm rather than after 9pm. |
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