Communications Act 2003 (c. 21)

SCHEDULES

[F1 SCHEDULE 11A U.K. Restrictions on product placement

Textual Amendments

F1 Sch. 11A inserted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 9

Prohibitions of product placement U.K.

3. [F2 (1) Product placement falls within this paragraph if it is in a— U.K.

(a) children’s programme;

(b) news or current affairs programme;

(c) consumer affairs programme; or

(d) religious programme.]

(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.

Textual Amendments

F2 Sch. 11A para. 3(1) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 18(a) (with Pt. 7)

4. U.K. Product placement falls within this paragraph if it is—

(a) of cigarettes or other tobacco products;

(b) by or on behalf of an undertaking whose principal activity is the manufacture or sale of cigarettes or other tobacco products; F3 ...

[F4 (ba) of electronic cigarettes or electronic cigarette refill containers; F5 ...]

[F6 (bb) by or on behalf of an undertaking whose principal activity is the manufacture or sale of electronic cigarettes or electronic cigarette refill containers; or]

(c) of prescription-only medicines.

Textual Amendments

F3 Word in Sch. 11A para. 4(b) omitted (20.5.2016) by virtue of The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 45(2)(a) (with reg. 57)

F4 Sch. 11A para. 4(ba) inserted (20.5.2016) by virtue of The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 45(2)(a) (with reg. 57)

F5 Word in Sch. 11A para. 4(ba) omitted (1.11.2020) by virtue of The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 18(b) (with Pt. 7)

F6 Sch. 11A para. 4(bb) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 18(c) (with Pt. 7)

5. U.K. Product placement of alcoholic drinks falls within this paragraph if—

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

(b) it encourages immoderate consumption of such drinks.

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

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(c) the product placement is otherwise unsuitable.

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

(a) F8 ... 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) 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 not a film made for cinema; and

(b) a programme that has been produced or commissioned by any other person with a view to its first showing taking place in a television programme service [F9 that falls within section 211(2)].]

Textual Amendments

F7 Sch. 11A para. 6(1)(a) omitted (1.11.2020) by virtue of The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 18(d) (with Pt. 7)

F8 Words in Sch. 11A para. 6(2)(a) omitted (20.5.2016) by virtue of The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 45(2)(c) (with reg. 57)

F9 Words in Sch. 11A para. 6(3)(b) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 31 (with reg. 6) (as amended by S.I. 2020/1536, regs. 2, 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)