Channel Sponsorship

Summary

Summary

1.1 Ofcom is the regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services. Ofcom’s statutory duties are largely derived from the Communications Act 2003 (“the Act”).

1.2 Ofcom is required by the Act to set standards for content included in radio and television services, including sponsorship on radio and television. The standards for sponsorship are derived from specific standards objectives in the Act and, additionally for television, from European legislation - the Television Without Frontiers (“TWF”) Directive. A summary of the legal provisions relevant to this consultation is set out in Annex 5 of this document.

1.3 The standards for broadcast sponsorship are set out in Section 9 of Ofcom’s Broadcasting Code (“the Code”), which was published in May 2005. It should be noted that this section of the Code does not apply to BBC services funded by the licence fee or grant in aid.

1.4 Programme sponsorship has existed in the UK for over 15 years. Previous codes covering broadcast sponsorship arrangements contained rules prohibiting the sponsorship of television channels and radio stations (“channels”). One of the questions Ofcom asked when it consulted on the content of the Code was whether it was appropriate to maintain the prohibition on channel sponsorship. Most respondents believed this restriction should be removed. Additionally, research conducted in 2005 showed that viewers were likely to accept channel sponsorship as a funding source for television.

1.5 Following publication of the Code, Ofcom stated that, subject to further internal consideration, it intended to permit channel sponsorship.

1.6 Before allowing such activity Ofcom needs to determine what, if any, rules are needed to ensure channel sponsorship arrangements are compatible with the existing rules relating to programme sponsorship.

1.7 This consultation document sets out the issues surrounding channel sponsorship and offers options for addressing each issue, including those preferred by Ofcom.

1.8 Ofcom’s preferred option in all cases is to make only minor amendments to the Code and use guidance to explain how the existing principles and rules that currently apply to programme sponsorship will apply to channel sponsorship arrangements.

1.9 Ofcom’s preferred options are:

1. in relation to ensuring that channel sponsorship arrangements do not result in the indirect sponsorship of content which cannot be sponsored (e.g. news), Ofcom proposes to prohibit sponsorship of channels that carry such content;
2. in relation to ensuring that channel sponsorship arrangements are transparent, Ofcom proposes to amend the Code rules to include channel sponsorship arrangements and prohibit the incorporation of sponsor names into the channel name;
3. in relation to ensuring credits for channel sponsors do not result in undue prominence for the sponsor, Ofcom proposes to make no changes to the Code but issue guidance on how undue prominence can be avoided;
4. in relation to ensuring the principles relating to programme sponsorship apply equally to channel sponsorship, Ofcom proposes amending the wording of the principles to include all broadcast sponsorship arrangements;
5. in relation to ensuring that credits for channel sponsors are kept separate from other output, Ofcom proposes to make no changes to the Code.

1.10 Ofcom would like responses to this consultation in particular from:

• interested members of the public;
• those who represent the interests of people who watch television or listen to radio and sound programmes including those representing minorities;
• broadcasters regulated by Ofcom;
• companies, professional organisations, associations, bodies, groups or individuals who represent the interests of those who will have to take account of the new sponsorship standards;
• advertisers, agencies, sponsors or others involved in broadcast sponsorship;
• companies, professional organisations, associations, bodies, or individuals who work in the broadcasting sector or related sectors; and
• other regulators.

The full document is available below: