PART 4A

ON-DEMAND PROGRAMME SERVICES
Chapter 2

Regulation of on-demand programme services

Duties of service providers

Advertising
368F
1
Advertising of the following products is prohibited in on-demand programme services—
a
cigarettes or other tobacco products;
aa
electronic cigarettes or electronic cigarette refill containers;
b
any prescription-only medicine.
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
, 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.
S. 368F(1)(aa) inserted (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 46(2)
Pt. 4A Ch. 2 heading inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 37(5), 55(3)(d); S.I. 2024/858, reg. 2(1)(o)
S. 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)
Word 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)
Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2