THE OFCOM BROADCASTING CODE - Stakeholders

44 www.ofcom.org.uk
Section Nine: Commercial References in
Television Programming
(Relevant legislation includes, in particular, sections 319(2)(fa), (i) and (j) and 319(4)
(a), (c), (e) and (f), section 321(1) and (4) and section 324(3) of the Communications Act
2003; section 202 of the Broadcasting Act 1990 (paragraph 3 in Part 1 of Schedule
2), Articles 9, 10, 11, and Chapter VII (Articles 19 to 26) of the Audiovisual Media
Services Directive; regulation 3(4)(d) of the Consumer Protection From Unfair
Trading Regulations 2008; section 21(1) of the Financial Services and Markets Act
2000; paragraph 3 of the Investment Recommendation (Media) Regulations Act 2005;
and Article 10 of the European Convention on Human Rights).
This section of the Code covers all commercial references that feature within
television programming. Section Ten of the Code concerns radio only.
Commercial references on the two media are subject to varying legislative
requirements. Therefore where similar terminology is used in Sections Nine and Ten
of the Code, it does not necessarily have the same meaning. Broadcasters should refer
to the specific meanings provided in each section.
Note:
This section of the Code contains a set of principles and general, overarching rules
that apply to all commercial references in television programming. It also contains
specific rules for different types of commercial references (e.g. product placement,
programme-related material, sponsorship).
The rules ensure that the principles of editorial independence; distinction between
advertising and editorial content; transparency of commercial arrangements; and
consumer protection are maintained.
This section does not apply to BBC services funded by the licence fee, with the
exception of the relevant product placement rules (see the additional note on the
BBC that accompanies the product placement rules).
Meaning of “programming”:
All broadcast content except spot advertising and teleshopping. Programmes,
trailers, cross-promotions and sponsorship credits are all forms of programming.