From today, product placement will be allowed on UK commercial television for the first time, as a result of the amended Ofcom Broadcasting Code (the "Code") entering into force. The amended Code, which was published by Ofcom on 20 December 2010 following consultations with key stakeholders in 2009 and 2010, allows broadcasters to permit products to be placed in programmes, subject to a number of safeguards. These safeguards include:
- the prohibition of any product placement in news or children's programmes, or in any programmes which do not fall within the 'permitted genres' of films, series made for television (or other audiovisual media services), sports programmes, and light entertainment programmes;
- the prohibition of alcoholic drinks, foods or drinks high in fat, salt or sugar, tobacco, cigarettes or prescription-only medicines from being placed; and
- a rule requiring that, where product placement occurs in a programme, this must be signalled to viewers at various points in the programme (i.e. at the start, the end, and at the recommencement of the programme after a commercial break) by way of a universal logo (below).
The Code also requires that product placement must not impair
broadcasters' editorial independence, and that any products
should not be featured in an unduly prominent way within
programmes. The amended Code also relaxes the rules relating
to sponsorship of programming.
It will be interesting to monitor the impact of the new rules
relating to product placement, particularly in light of criticisms
from some stakeholders that the limitations on when and how
products can be placed are overly restrictive. Whether this
reform of advertising law is successful in providing the lucrative,
and much-needed sources of revenue to key stakeholders in the
advertising and media industries, remains to be seen.
To read our previous Law-Now on this topic, please
click here.
To view the amended Code, please
click here.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 28/02/2011.