PART 4A

ON-DEMAND PROGRAMME SERVICES

Duties of service providers

Sponsorship
368G
1
An on-demand programme service or a programme included in an on-demand programme service must not be sponsored—
a
for the purpose of promoting cigarettes or other tobacco products, or
b
by an undertaking whose principal activity is the manufacture or sale of cigarettes or other tobacco products.
2
An on-demand programme service or a programme included in an on-demand programme service must not be sponsored for the purpose of promoting a prescription-only medicine.
3
An on-demand programme service may not include a news programme or current affairs programme that is sponsored.
4
Subsections (5) to (11) apply to an on-demand programme service that is sponsored or that includes any programme that is sponsored.
5
The sponsoring of a service or programme must not influence the content of that service or programme in a way that affects the editorial independence of the provider of the service.
6
Where a service or programme is sponsored for the purpose of promoting goods or services, the sponsored service or programme and sponsorship announcements relating to it must not directly encourage the purchase or rental of the goods or services, whether by making promotional reference to them or otherwise.
7
Where a service or programme is sponsored for the purpose of promoting an alcoholic drink, the service or programme and sponsorship announcements relating to it must not—
a
be aimed specifically at persons under the age of eighteen; or
b
encourage the immoderate consumption of such drinks.
8
A sponsored service must clearly inform users of the existence of a sponsorship agreement.
9
The name of the sponsor and the logo or other symbol (if any) of the sponsor must be displayed at the beginning or end of a sponsored programme.
10
Techniques which exploit the possibility of conveying a message subliminally or surreptitiously must not be used in a sponsorship announcement.
11
A sponsorship announcement 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 or moral detriment to persons under the age of eighteen;
f
directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
g
exploit the trust of such persons in parents, teachers or others; or
h
unreasonably show such persons in dangerous situations.
12
For the purposes of this Part a programme included in an on-demand programme service is “sponsored” if a person (“the sponsor”) other than—
a
the provider of that service, or
b
the producer of that programme,
has met some or all of the costs of the programme for the purpose of promoting the name, trademark, image, activities, services or products of the sponsor or of another person.
13
But a programme is not sponsored if it falls within this section only by virtue of the inclusion of product placement (see section 368H(1)) or prop placement (see section 368H(2)).
14
For the purposes of subsection (12) a person meets some or all of the costs of a programme included in a service only if that person makes a payment or provides other resources for the purpose of meeting or saving some or all of the costs of—
a
producing that programme;
b
transmitting that programme; or
c
making that programme available as part of the service.
15
For the purposes of this Part an on-demand programme service is “sponsored” if a person (“the sponsor”) other than the provider of the service has met some or all of the costs of providing the service for the purpose of promoting the name, trademark, image, activities, services or products of the sponsor or another person.
16
For the purposes of subsection (15) a person is not to be taken to have met some or all of the costs of providing a service only because a programme included in the service is sponsored by that person.
17
In this section a “sponsorship announcement” means—
a
anything included for the purpose of complying with subsection (8) or (9), and
b
anything included at the same time as or otherwise in conjunction with anything within paragraph (a).
Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2