Separation Between Advertising & Programming Index
3.1 Ensuring Viewers know they are Watching Advertising
3.1.1 Long Advertisements
3.1.2 Programme Features in Advertising
3.2 Programme Independence
3.2.1 Programme Extracts
3.2.1.1 Quick Guide to Restrictions on the use of Programme Elements
3.3 Programme Sponsorship
3.4 References to Broadcasters and Programmes in Advertisements
3.5 Programme Performers
3.5.1 Children's' Programme Performers
3.5.2 Quick Guide to Performer and Programme Restrictions
3.6 Interactive Television Services
Section 2 of the BCAP Advertising Standards Code has two purposes:
The BCAP Rules on Scheduling of Advertising deals with the particular separations of advertisements and programmes.
Ofcom’s Rules on the Amount and Distribution of Advertising sets out rules governing the amount, scheduling and presentation of advertisements.
3.1 Ensuring Viewers Know They are Watching Advertising
Nothing about an advertisement may suggest or imply that it is a programme. In cases of any doubt advertisements must be identified as such. Where the identity of an advertiser is unclear and may lead to confusion in the mind of the viewer, Clearcast may require that positive identification is made in the advertisement to avoid any misleading impressions.
3.1.1 Long Advertisements
Advertisements of a minute or longer are more likely to be confused as programming and unless the style makes it clearly an advertisement, it needs to be identified as advertising at the beginning and end (if it is still not clear that it is an advertisement by the end). Advertisements longer than a minute may require identification in the body of the material as well.
Where a long advertisement is presented in a programme style, there must be a five second reminder every minute in addition to the starting identification and a three second reminder for every part minute over twenty seconds.
Without Ofcom’s approval, no advertisement may be longer than seven minutes duration.
3.1.2 Programme Features in Advertising
Referring to an advertisement as a programme is prohibited.
The risk of confusing viewers is greater where programme features are used. Other than where the product advertised is based on a particular programme there is a prohibition on the use of programme titles, sets, logos and theme music in advertising.
Other features prohibited are:
- the use of expressions associated with news and public announcements e.g. “news flash”;
- use of footage from Parliament.
If programme elements are permitted a scheduling restriction is applied to keep the advertising out of the breaks preceding and during the programme and not first in the break after the programme. Where programme footage is used the same restriction applies.
Use of regular presenters, either visually or orally, of news and current affairs programmes in advertising is prohibited.
Generic news or weather forecast styles of advertising are allowable provided they are easily recognisable as an advertisement. These advertisements cannot be transmitted in the breaks adjacent to the programme types being referenced.
3.2 Programme Independence
Nothing in a commercial should be allowed to compromise or appear to compromise the broadcasters’ independence and responsibility for the content and scheduling of programmes.
Advertisements which include a person who also appears, other than in a minor or incidental capacity, in a programme may not be scheduled in breaks in or adjacent to that programme.
Referring to the appearance of the advertised product in programming is prohibited.
3.2.1 Programme Extracts
Extracts from recent or current programmes can only be used where the product advertised is based on, or derives from, the particular programme. Any extracts used must not endorse the product or service being advertised and nor should the advertisement as a whole be capable of being mistaken as an extract from the programme.
In the case of advertising for goods or services based on a children’s programme, the advertising cannot run within 2 hours of the transmission of the programme.
The rule on the use of programme extracts will not generally apply to news footage or extracts from interviews where the interviewer is not identified. Nor will it apply where the extract used is not readily identified as programme material.
Where programme extracts are permitted the advertising may not be transmitted in the breaks in or adjacent to that programme but may be transmitted in the break after the programme provided it is not the first advertisement in that break.
The prohibition against programme footage extends to some specific programme elements too. Programme titles, logos, theme music and sets may not be used unless the advertised goods or services are based on the programme in question. Music which resembles programme theme music has usually proven acceptable but it is important that the commercial taken as a whole is clear for what it is. As with programme footage if programme elements are permitted under the rules a timing restriction is applied to keep the advertising out of the breaks preceding and during the programme and not first in the break after. Similarly, the 2 hour restriction described in 3.5.1 below applies if the programme is for children.
A quick guide to the use of programme elements is to be found at section 3.2.1.1.
3.2.1.1 Quick Guide to Restrictions on the Use of Programme Elements
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3.3 Programme Sponsorship
Please refer to Section 9 of the Ofcom Broadcast Code which deals with Sponsorship.
The principles of the Ofcom Code are to avoid unsuitable sponsorship of programmes with particular reference to maintaining a separation of advertising and sponsorship messages, ensuring transparency and editorial independence.
The content of sponsorship credits must conform to restrictions placed by the advertising Codes.
There are strict legal limits on advertising minutage so therefore sponsorship credits may not contain advertising messages or calls to action particularly those encouraging the purchase or rental of the products or services of the sponsor or a third party.
Some programmes may not be sponsored by some advertisers. Presenters of such programmes may not appear in advertisements for those prohibited advertisers.
Sponsorship arrangements are handled by the individual broadcasters so potential sponsors should contact the relevant broadcaster for detailed advice.
3.4 References to Broadcasters and Programmes
References to broadcasters and programmes in advertisements must be handled with care and not suggest a closer link between advertiser and broadcaster than there actually is. Permission of the broadcaster for the reference will be required. Further guidance on this topic may be found in sections 2.3.13 and 2.3.14 of these Notes.
3.5 Programme Performers
Advertisements featuring or presented by a well known personality or performer or a person who takes a leading role in a programme may not be transmitted in the breaks adjacent to, or during, that programme. This restriction also applies to puppets and animated characters.
There is no restriction on performers featuring in advertisements during screenings of feature films in which they appear.
There is no requirement to separate advertisements featuring performers from news or immediately topical current affairs programmes in which they might appear.
The use of presenters of news and current affairs programmes in advertisements is prohibited.
Where a person makes an incidental, non-speaking appearance in a programme, e.g. a player in a football match, no restriction is applied to an advertisement featuring that person provided it is clear that the setting of the advertisement is entirely different to that of the programme.
Where someone appears regularly as a leading performer or participant in a programme series, advertisements featuring that person must not appear in or adjacent to the programme even if the performer does not appear in that particular episode.
For a magazine style programme, variety show or concert, the performers’ restriction only applies to the segment of that programme in which they appear.
3.5.1 Children’s Programme Performers
Where performers or puppets who appear regularly in children’s programmes present or endorse products of special interest to children, these advertisements may only appear after 2100h.
Where goods or services based on children’s programmes are advertised these advertisements may not be transmitted within two hours of the programme.
A quick guide to performer and programme restrictions is below.
3.5.2 Quick Guide to Performer and Programme Restrictions
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3.6 Interactive Television Services
BCAP intends to publish updated guidance on this topic and these Notes will reflect that guidance once it is available.