This statement sets out amendments Ofcom is making to the Broadcasting Code and amendments that we have instructed the Broadcast Committee of Advertising Practice (“BCAP”) to make to the BCAP Code: the UK Code of Broadcast Advertising.
The changes arise from the UK Government’s implementation of the Tobacco Products Directive 2014 (“TPD”).
Among other provisions, the TPD prohibits advertisements for electronic cigarettes and refill containers in broadcast television and radio services. It also prohibits programme sponsorship which has the aim or effect of promoting such products.
In order to implement these provisions of the TPD, the Secretary of State for Health has directed Ofcom under section 321(6) of the Communications Act 2003 to make specified changes to rules in the relevant codes. Ofcom will enforce the rules in the Broadcasting Code, and the Advertising Standards Authority will enforce the rules in the BCAP Code.
The changes to the rules set out in this statement will come into effect on 20 May 2016.