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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
 
Keyline box - Only applicable to services other than Channels 3-5
4.1General Principles
4.1.1The 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.
4.1.2Particular 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.
4.2Specific Seperation Requirements
GENERAL NOTES:
(i) The term 'adjacent' where used in these rules refers to a break immediately before or after the programme in question.

(ii) The term 'children's programmes' means programmes made for children.

(iii) Channels devoted to children's programmes, or where the programmes are or are likely to be of particular appeal to children, will be unlikely to be able to carry at any time advertising of the kind restricted under 4.2.1 and 4.2.2 below. Such channels should also take particular note of 4.2.3 and 4.2.4.

(iv) For the avoidance of doubt, any given timing restriction subsumes any other less severe restriction. Thus, a 'post 9pm' subsumes both a 'post 7.30pm' as well as the restriction on scheduling in or adjacent to children's programmes or programmes likely to have a significant child audience. Particular care needs to be exercised where a programme for, or likely to be of interest to, children is transmitted late in the evening or in the small hours, as for example at Christmas. Where such a programme is transmitted after 9pm, no advertisement carrying a timing restriction may be transmitted in or around that programme.

4.2.1Children 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.)

(ii) bingo;

(iii) the rules in the ITC Advertising Standards Code to the rules in Appendix 5, Religious Advertising, of the ITC Advertising Standards Code; (Rule 13(b) of Appendix 5 of the Code makes limited exceptions to this restriction.)

(iv) slimming products, treatments or establishments.

(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;

(ii) pools.

(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;

(ii) liqueur chocolates;

(iii) matches;

(iv) medicines, vitamins and other dietary supplements;

(v) trailers for films or videos carrying an 18 or 15 certificate.

NOTES:

(i) Depending on content and, in particular, on the extent and nature of any portrayal of violence or sexual activity, an alternative timing restriction such as post 7.30pm, post 9pm or even later may often be appropriate for material in category (d)(v), particularly that which is 18 rated.

(ii) Again subject to content, this does not preclude the scheduling in or adjacent to children's programmes of advertisements containing brief extracts from films where these are used in connection with promotional offers derived from films for other types of product or service.

4.2.2Merchandise 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:

The ITC reserves the right to require a wider separation in the case of some programmes, including a prohibition of any advertising while a particular series is running. See also 4.2.7 (c) below.

4.2.3Treatments 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.
4.2.4Post 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;

(ii) advertisements for medicines, vitamins or other dietary supplements which use techniques that are likely to appeal particularly to children, such as cartoons, toys or characters of special interest to children;

(iii) condoms.

NOTE:
The Commission has agreed that, subject to copy content, the restriction on the advertising of condoms on Channel 4 will until further notice be 7pm.
4.2.5Religious 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.)
4.2.6Charities
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.
4.2.7Persons 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:
(i) No separation is required in respect of advertisements broadcast in or adjacent to feature films which, for the purposes of this rule, are defined as dramas which are created for the cinema and first shown theatrically or for direct video release.

(ii) No separation is required in respect of advertisements broadcast in or adjacent to news programmes or immediately topical current affairs programmes.

(iii) An incidental and non-speaking appearance in a programme by a person (eg, where a star player is seen only as part of a team in the broadcast of a sporting occasion) will not attract the restriction, provided it is immediately and clearly apparent from the style of the advertisement that the individual's appearance in it could not be taking place at the same location as that of the programme.

(iv) Advertisements containing appearances by persons in extracts from other programme footage should adopt the scheduling restriction of 4.2.8 below. Where the person themselves presented the advertisement the full separation in 4.2.7(a) would apply.

(v) In the case of appearances by persons in magazine-style programmes or programmes such as pop concerts or variety shows, the restriction applies only to the breaks adjacent to the programme segment in which they appear.

(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:
4.2.7(c) does not apply to public service advertisements or to characters specially created for advertisements. (See also 4.2.4 (a) above.)
4.2.8Extracts 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:
In the case of advertisements containing extracts from children's programmes the two hour restriction in 4.2.2 above applies.
4.2.9Programmes 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:
(i) This restriction does not apply to public service announcements transmitted in and around news and current affairs programmes which may show all or part of that announcement as part of the editorial content.

(ii) The ITC Programme Code has specific requirements regarding advertisements within programmes (see Section 10.6). See also Section 10.3 for rules specific to the promotion of material in direct support of programmes.

4.2.10UK 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.
4.2.11Live Parliamentary Broadcasts
There are particular requirements applicable to advertisements in or adjacent to broadcasts of live Parliamentary proceedings. See Section 10.
4.3Other 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;

(ii) not in the two hours preceding or following a particular programme;

(iii) not for the duration of a programme series;

(iv) not for the duration nor for a given period after and/or before the series;

(v) not before 7.30pm;

(vi) not in or adjacent to programmes with a specific audience index.

(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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