F1PART 4AON-DEMAND PROGRAMME SERVICES

Chapter 2Regulation of on-demand programme services

Duties of service providers

368FAdvertising

(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.