ONE campaign: F For Famine                                       

Press Release - October 7th 2011

Clearcast have been asked to clear an ad by ONE International called “The F Word – Famine is the Real Obscenity”.

We have been unable to clear this ad to date as we believe it is currently in breach of Rule 7 of the BCAP Code, which is itself based on the provisions of Section 321 of the Communications Act 2003. This imposes a blanket prohibition on “political” advertising on television and it is OFCOM who have retained responsibility for applying these rules. If an advertiser or an ad appears to be in breach of these provisions, neither Clearcast nor BCAP have any discretion in the matter of approval.

These rules ensure that ads aren’t being broadcast by bodies whose objects are wholly or mainly political. ONE appears to be caught by this rule as they state that part of their raison d’être is to pressure political leaders. It also appears that a number of the claims are made in the version of the ad that we have seen are directed towards a political end, which is again against the rules. This ad is not “banned”; we are in discussions with ONE to see if there is any way that the apparent legal hurdles can be overcome and the ad cleared.

A Broadcaster that carries an ad in breach of the rules on political advertising faces potential statutory sanction by OFCOM which could include a fine or revocation of licence.

 

Notes to editors

Clearcast is owned by six of the UK’s largest commercial broadcasters and is the company responsible for the pre-transmission examination and clearance of television ads.

As part of their licensing agreements with Ofcom, broadcasters are required to clear advertising before it is broadcast and ads transmitted on UK terrestrial and satellite channels should be submitted to Clearcast for approval, who then review the ads against The UK Code of Broadcast Advertising (BCAP Code).

The BCAP Code applies to all ads on radio and television services licensed by Ofcom and explicitly holds broadcasters responsible for the content of advertising on their channels.

 

Relevant section of Communications Act 2003

321 [Objectives for advertisements, sponsorship and product placement]

(2) For the purposes of section 319(2)(g) an advertisement contravenes the prohibition on political advertising if it is—

(a) an advertisement which is inserted by or on behalf of a body whose objects are wholly or mainly of a political nature;

(b) an advertisement which is directed towards a political end; or

(c) an advertisement which has a connection with an industrial dispute.

 

If you would like a downloadable copy of this press release please click on the link below.

 File: ONE campaign press release

 

If you have any further questions please contact Ellie Bonnet, Communications Executive on 020 7339 4711 or email press.enquiries@clearcast.co.uk