Ofcom to extend its review of the Ofcom Broadcasting Code

Published 09|10|09

On 15 June 2009, Ofcom published a consultation ^(-1-) on its review of the Broadcasting Code (“the Code”). We proposed a range of amendments and clarifications to the Code rules relating to:

• sexual material (Section One);
• competitions and voting (Section Two);
• commercial references in television programmes (proposed Section Nine); and
• commercial references in radio programming (proposed Section Ten).

The consultation closed on 4 September 2009. We intended to issue the revised Code by the end of the year.

Sections One and Two of the Code

Ofcom will publish a statement detailing the outcome of its review of the proposed changes to Sections One and Two of the Code by the end of the year, as planned.

Sections Nine and Ten of the Code

In Ofcom’s recent consultation on the Code review, the proposed rules relating to commercial references in television and radio programming had been drafted in light of the current public policy, maintaining the prohibition on product placement. To date, product placement has been prohibited in programming broadcast on Ofcom licensed television and radio services.

On 16 September 2009, the Government announced ^(-2-) its intention, subject to a forthcoming consultation, to permit product placement in UK produced television programmes.

In light of this announcement, Ofcom will now take the opportunity to extend its review of Code Sections Nine and Ten, as follows:

• Revisions to Sections Nine and Ten of the Code will not be issued by the end of the year.
• The extended review will allow us to take into account not only the outcome of the Government’s forthcoming consultation on product placement, but also the wider implications of any change in this area on other rules relating to commercial references in television and radio programming, including the rules relating to sponsorship.
• Following the Government’s decision on product placement, Ofcom will then consult on any new proposals for amendments to Sections Nine and Ten.
• In the case of rules which, in Ofcom’s view, are unaffected by the Government’s decision on product placement, we will take account of responses to our previous proposals that were included in the recent Code consultation.

All Ofcom licensees should note that, until further notice, they must continue to comply with all of the existing rules in Sections Nine and Ten of the Broadcasting Code.

Acquired children’s programmes – important note

It should be noted that new European legislation (the Audiovisual Media Services Directive), which comes into force on 19 December 2009, prohibits product placement in “children’s programmes”.

All Ofcom licensees should be aware that product placement will be prohibited in all children’s programmes produced after 19 December 2009 (whether produced in the UK or acquired from outside the UK).

A note to this effect will be added to the Code.

For further information, please contact Suzanne Wright in the Commercial and Consumer Protection team, Standards, at: suzanne.wright@ofcom.org.uk

Footnotes:

  1.-http://www.ofcom.org.uk/consult/condocs/bcode09/

  2.- http://www.culture.gov.uk/reference_library/minister_speeches/6194.aspx