Product Placement
FEBRUARY 2010
The government has fleshed out its plans to introduce television product placement to the UK. This follows the consultation period which was announced in November last year and which garnered almost 1500 responses.
DCMS secretary Ben Bradshaw said: "As a result of this consultation, the government has concluded that we will be able to allow television product placement in a way that will provide meaningful commercial benefits to commercial television companies and programme makers, while taking account of the legitimate concerns that have been expressed."
“Adherence to our current position in which UK TV programme-making cannot benefit at all from the income potentially to be generated by product placement would lead to continuing damage to its finances at a time when this crucial part of our creative industries needs all the support we can give it.”
However, as expected, product placement is not to be permitted in relation to alcohol, tobacco, gambling, infant formula and follow-on formula nor in relation to foods and drinks high in fat, salt or sugar. In addition, no product placement will be allowed in current affairs, children’s programmes, consumer and religious programming.
The Government intends to pass Regulations under section 2 of the European Communities Act 1972, giving legal effect to the requirements of the EU Audiovisual Media Services Directive on TV product placement. However this does not mean that TV product placement will be possible as soon as the Regulations come into effect. The Regulations will allow Ofcom to permit product placement under its Code regulating the content of TV programmes, and Ofcom will first need to run a further public consultation on the detailed changes to this Code before these can come into effect. Only after that will it be possible for TV companies to show programmes which they have made or commissioned and which include product placement. The Government envisages that this stage will be reached later this year.
As an additional safeguard, the new rules will follow the European Directive in requiring that audiences are alerted to the presence of product placement in a programme by ‘signalling’ at the beginning and end and after advertising breaks and it will be for Ofcom to determine, after their own consultation, how this signalling requirement is to be met.
If you would like any further information about the issues raised in this article or any other aspect of media law, please contact Paul Herbert on 0207 404 0606.
This guide is for general information and interest only and should not be relied upon as providing specific legal advice.
|
