CHAPTER III

PROVISIONS APPLICABLE TO AUDIOVISUAL MEDIA SERVICES
Article 11
1
This Article shall apply only to programmes produced after
19 December 2009
.
2
Product placement shall be allowed in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and children's programmes.
3
Programmes that contain product placement shall meet the following requirements:
a
their content and organisation within a schedule, in the case of television broadcasting, or within a catalogue in the case of on-demand audiovisual media services, shall under no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the media service provider;
b
they shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services;
c
they shall not give undue prominence to the product in question;
d
viewers shall be clearly informed of the existence of product placement by an appropriate identification at the start and at the end of the programme, and when a programme resumes after an advertising break, in order to avoid any confusion on the part of the viewer.
Member States may waive the requirements set out in point (d) except for programmes produced or commissioned by a media service provider or by a company affiliated with that media service provider.
4
In any event programmes shall not contain product placement of:
a
cigarettes and other tobacco products, as well as electronic cigarettes and refill containers, or product placement from undertakings whose principal activity is the manufacture or sale of those products;
b
specific medicinal products or medical treatments available only on prescription in the Member State under whose jurisdiction the media service provider falls.
Substituted by Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities.