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(1)Advertising of the following products is prohibited in on-demand programme services—
(a)cigarettes or other tobacco products;
[F2(aa)electronic cigarettes or electronic cigarette refill containers;]
(b)any prescription-only medicine.
[F3(2)Advertising of alcoholic drinks is only permitted in on-demand programme services if—
(a)it is not aimed specifically at persons under the age of eighteen, nor does it, in particular, depict such persons consuming alcoholic drinks;
(b)it does not link the consumption of alcohol to enhanced physical performance or to driving;
(c)it does not create the impression that the consumption of alcohol contributes towards social or sexual success;
(d)it does not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts;
(e)it does not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light; and
(f)it does not place emphasis on high alcoholic content as being a positive quality of alcoholic drinks.]
(3)Advertising included in an on-demand programme service—
(a)must be readily recognisable as such, and
(b)must not use techniques which exploit the possibility of conveying a message subliminally or surreptitiously.
(4)Advertising included in an on-demand programme service must not—
(a)prejudice respect for human dignity;
(b)include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
(c)encourage behaviour prejudicial to health or safety;
(d)encourage behaviour grossly prejudicial to the protection of the environment;
(e)cause physical [F4, mental] or moral detriment to persons under the age of eighteen;
(f)directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
(g)directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
(h)exploit the trust of such persons in parents, teachers or others; or
(i)unreasonably show such persons in dangerous situations.]
Textual Amendments
F1Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2
F2S. 368F(1)(aa) inserted (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 46(2)
F3S. 368F(2) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 33(a) (with Pt. 7)
F4Word in s. 368F(4)(e) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 33(b) (with Pt. 7)
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