The Audiovisual Media Services (Product Placement) Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/831
Year2010

2010 No. 831

Electronic Communications

Broadcasting

The Audiovisual Media Services (Product Placement) Regulations 2010

Made 16th March 2010

Laid before Parliament 18th March 2010

Coming into force 16th April 2010

These Regulations are made by the Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to measures relating to television broadcasting2and in relation to information society services3, in exercise of the powers conferred by section 2(2) of that Act.

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Audiovisual Media Services (Product Placement) Regulations 2010 and come into force on 16th April 2010.

(2) In these Regulations “the 2003 Act” means the Communications Act 20034.

Restriction on product placement in television programme services and on-demand programme services

Restriction on product placement in television programme services and on-demand programme services

S-2 Section 319 of the 2003 Act ( OFCOM ’s standards code) is...

2.—(1) Section 319 of the 2003 Act (OFCOM’s standards code) is amended as follows.

(2) In subsection (2), after paragraph (f) insert—

“(fa)

“(fa) that the product placement requirements referred to in section 321(3A) are met in relation to programmes included in a television programme service (other than advertisements);”

(3) After subsection (8) insert—

S-9

“9 Subsection (2)(fa) applies only in relation to programmes the production of which begins after 19th December 2009.”

S-3 Section 321 of the 2003 Act (objectives for advertisements...

3.—(1) Section 321 of the 2003 Act (objectives for advertisements and sponsorship) is amended as follows.

(2) For the heading of the section substitute “Objectives for advertisements, sponsorship and product placement”.

(3) In subsection (1)—

(a)

(a) for “(g)” substitute “(fa)”;

(b)

(b) in paragraph (a), after “programmes” insert “and, in relation to television programme services, general provision governing standards and practice in product placement”;

(c)

(c) omit “and” at the end of paragraph (a);

(d)

(d) after paragraph (b) insert—

“; and

(c)

(c) in relation to television programme services, may include provision prohibiting forms and methods of product placement (including product placement of products, services or trade marks of any description) (whether generally or in particular circumstances).”

(4) After subsection (3) insert—

S-3A

“3A For the purposes of section 319(2)(fa) the product placement requirements are the requirements set out in Schedule 11A.”

(5) In paragraph (a) of subsection (4)—

(a)

(a) for “shall,” substitute—

“shall—

(i)

(i) ”;

(b)

(b) after “sponsorship; and” insert—

“(ii)

“(ii) in relation to television programme services, have a general responsibility with respect to methods of product placement; and”.

(6) In subsection (5)—

(a)

(a) omit “and” at the end of paragraph (a);

(b)

(b) after paragraph (b) insert—

“; and

(c)

(c) the forms and methods of product placement that should not be employed in the provision of a television programme service (including the descriptions of products, services or trade marks for which product placement should not be employed).”

(7) In subsection (8), at the end insert “(except in the expression “television programme service”)”.

S-4 Section 324 of the 2003 Act (setting and publication of...

4.—(1) Section 324 of the 2003 Act (setting and publication of standards) is amended as follows.

(2) In subsections (3)(c) and (4)(a), after “sponsorship” insert “or for product placement”.

(3) After subsection (11) insert—

S-11A

“11A A code (or draft code) contains standards for product placement for the purposes of this section to the extent that it sets standards under section 319 for securing the objective mentioned in paragraph (fa) of subsection (2) of that section.”

S-5 Section 325 of the 2003 Act (observance of standards code) is...

5.—(1) Section 325 of the 2003 Act (observance of standards code) is amended as follows.

(2) In subsection (4)—

(a)

(a) in paragraph (a), for “and the sponsorship of programmes” substitute “, the sponsorship of programmes and product placement”;

(b)

(b) in paragraph (b), for “and sponsorship” substitute “, sponsorship and product placement”.

(3) In subsection (5)—

(a)

(a) omit “and” at the end of paragraph (b);

(b)

(b) after paragraph (c) insert—

“; and

(d)

(d) in the case of a television programme service, the forms and methods of product placement to be excluded from the service (including descriptions of products, services or trade marks product placement of which is to be excluded) (whether generally or in particular circumstances).”

S-6 In section 362 of the 2003 Act (interpretation of Part 3), in...

6. In section 362 of the 2003 Act (interpretation of Part 3), in subsection (1), after the definition of “OFCOM’s standards code” insert—

““product placement” has the meaning given by paragraph 1 of Schedule 11A;”.

S-7 In section 368H of the 2003 Act (prohibition of product...

7. In section 368H of the 2003 Act (prohibition of product placement in on-demand programme services), in subsection (16), after the definition of “producer” insert—

““programme” does not include an advertisement;”.

S-8 In section 368R of the 2003 Act (interpretation of Part 4A),...

8. In section 368R of the 2003 Act (interpretation of Part 4A), in subsection (1), for the definition of “children’s programme” substitute—

““children’s programme” means a programme made—

(a) for a television programme service or for an on-demand programme service, and

(b) for viewing primarily by persons under the age of sixteen;”

S-9 In the 2003 Act , after Schedule 11 insert— SCHEDULE 11A...

9. In the 2003 Act, after Schedule 11 insert—

SCHEDULE 11A

Restrictions on product placement

Introductory

(1)

(1) (1) In this Part “product placement”, in relation to a programme included in a television programme service, means the inclusion in the programme of, or of a reference to, a product, service or trade mark, where the inclusion—

(a) is for a commercial purpose;

(b) is in return for the making of any payment, or the giving of other valuable consideration, to any relevant provider or any person connected with a relevant provider; and

(c) is not prop placement.

(2)

(2) “Prop placement”, in relation to such a programme, means the inclusion in the programme of, or of a reference to, a product, service or trade mark where—

(a) the provision of the product, service or trade mark has no significant value; and

(b) no relevant provider, or person connected with a relevant provider, has received any payment or other valuable consideration in relation to its inclusion in, or the reference to it in, the programme, disregarding the costs saved by including the product, service or trademark, or a reference to it, in the programme.

(2) The product placement requirements are—

(a)

(a) that the product placement does not fall within any of paragraphs 3 to 6;

(b)

(b) that all of the conditions in paragraph 7 are met; and

(c)

(c) that, where paragraph 8 applies, the condition in that paragraph is also met.

Prohibitions of product placement

(3) (1)

(3) (1) Product placement falls within this paragraph if it is in a children’s programme.

(2)

(2) In sub-paragraph (1) “children’s programme” means a programme made—

(a) for a television programme service or for an on-demand programme service, and

(b) for viewing primarily by persons under the age of sixteen.

(4) Product placement falls within this paragraph if it is—

(a)

(a) of cigarettes or other tobacco products;

(b)

(b) by or on behalf of an undertaking whose principal activity is the manufacture or sale of cigarettes or other tobacco products; or

(c)

(c) of prescription-only medicines.

(5) Product placement of alcoholic drinks falls within this paragraph if—

(a)

(a) it is aimed specifically at persons under the age of eighteen; or

(b)

(b) it encourages immoderate consumption of such drinks.

(6) (1)

(6) (1) Product placement falls within this paragraph if it is in a programme to which this paragraph applies and—

(a) the programme is a religious, consumer affairs or current affairs programme;

(b) the product placement is of anything within sub-paragraph (2); or

(c) the product placement is otherwise unsuitable.

(2)

(2) The following are within this sub-paragraph—

(a) electronic or smokeless cigarettes, cigarette lighters, cigarette papers or pipes intended for smoking;

(b) medicinal products;

(c) alcoholic drinks;

(d) infant formulae or follow-on formulae;

(e) a food or drink high in fat, salt or sugar;

(f) gambling services.

(3)

(3) This paragraph applies to—

(a) a programme that has been produced or commissioned by the provider of the television programme service in which it is included, or by a person connected with that provider, and that is...

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