ITV (and any other commercial broadcaster) is prevented from scheduling television advertising during the Royal Wedding ceremony by virtue of Ofcom’s Code on the scheduling of television advertising (“the Ofcom Code”). The Daily Mail has reported that Ofcom’s ruling “could cost ITV £8m in lost revenue”.
The Ofcom Code gives effect to European legislation, the Audio Visual Media Services Directive (“the EU Directive”) and policies that have been determined by Ofcom following consultation. The EU Directive, amongst other things, sets out rules to be followed by all EU Member States in respect of television advertising. It includes, for example, the general rule that television advertising spots should not exceed 12 minutes of advertising in every 60 minutes of television content (Article 23(1)).
Under the Ofcom Code, broadcasts of a formal Royal ceremony may not include advertising or teleshopping breaks during the ceremony. A “formal Royal ceremony” is defined as “a formal ceremony or occasion of which the Sovereign or members of the British Royal Family enjoying the prefix “Royal Highness” are at the centre” (paragraph 16(d)). The marriage of HRH Prince William to Kate Middleton clearly falls within this definition. Furthermore, broadcasts of programmes including a religious ceremony are also not permitted to include advertising or teleshopping breaks (paragraph 19 (c)). The Royal Wedding, being a religious marriage at Westminster Abbey, is additionally caught by this restriction on television advertising under the Ofcom Code.
The Guardian has commented that British TV is in a “regulatory mess” by “imposing old values on a new broadcasting environment” with a “traditional exaggerated defence towards the Royals”. However, the scheduling restrictions under the Ofcom Code have been in place for some time, and apply to a wide variety of programmes, including children’s programmes and broadcasts of live Parliamentary proceedings of 30 minutes duration or less.
It should be noted that the ban on advertising applies only to the ceremony itself, which is scheduled to begin at 11.00 am at Westminster Abbey and is estimated to last until around 12.15 pm. ITV (and other commercial broadcasters covering the Royal Wedding) have the option to place television advertisements in all coverage outside of the ceremony, including the bride’s carriage procession to Buckingham palace, and the much-anticipated appearance on the balcony. Whether broadcasters choose to schedule advertisements during their Royal Wedding coverage is a commercial decision for them, but it is clear that the Ofcom Code is not as prohibitive as has been reported.
One additional point is that the Ofcom Code makes clear in its definition of “television advertising” that it does not apply to announcements made by a broadcaster in connection with its own programmes and ancillary products directly derived from those programmes, sponsorship announcements and product placements. This is a restatement of the EU Directive, which means that a broadcaster’s own announcements (which could amount to internal advertising) and product placement is not subject to the limits on minutage set out in Article 23(1). It is therefore conceivable, albeit highly unlikely, that television coverage of the Royal Wedding, including the ceremony itself, could be interrupted by any amount of announcements about other programmes on the same channel.
If you would like any further information about the issues raised in the newsletter please contact Paul Herbert, or any other member of Goodman Derrick LLP's media team on 0207 404 0606.
This guide is for general information only and should not be relied upon as providing specific legal advice.
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