The ITC Code of Programme Sponsorship
Autumn 2000
Including
The ITC Rules Concerning Advertiser
Involvement in Programmes
Contents
Foreword
3
1.
Introduction
5
2.
Definitions
6
3.
Acquired Programmes
7
Part A: Code of Programme Sponsorship
4.
Key principles
8
5.
Prohibited and restricted sponsors
8
6.
Scheduling
10
7.
What can be sponsored?
10
8.
Programmes that cannot be sponsored
11
9.
Content of sponsored programmes
14
10.
Placing and Length of Credits
15
11.
Sponsor credits
16
12.
References to Sponsors in Programme Trailers
18
13.
Masthead programmes
18
14.
Application of Rules
19
Part B: Rules Concerning Advertiser Involvement in Programmes
15.
Product placement
21
16.
Undue prominence
21
17.
Similarity between programmes and advertising
22
18.
Advertiser references in gameshows and viewer competitions
22
19.
Coverage of events
25
20.
Timing and information services
24
21.
Sponsored support material
25
2
Foreword
(a)
The Independent Television Commission (ITC) is the body responsible for licensing
and regulating all commercial television in the UK. Its aim is to protect and promote
the interests of all viewers while fostering a dynamic and innovative marketplace.
(b)
The ITC’s powers and responsibilities derive from the Broadcasting Acts 1990 and
1996. One of these responsibilities requires ITC to draw up a Code governing
standards and practice in advertising and programme sponsorship.
(c)
This Code sets out the rules for the sponsorship of television programmes. It also
contains the rules concerning advertiser involvement in programmes, including
advertiser references in game shows and viewer competitions and coverage of events
which may themselves be sponsored or include advertising at the venue.
(d)
The Code operates alongside (and makes reference to) other ITC documents, the ITC
Code of Advertising Standards and Practice, the ITC Rules on the Amount and
Scheduling of Advertising and the ITC Programme Code.
(e)
The Code also gives effect in the UK to a number of requirements relating to
television sponsorship in the EU Directive on Television Broadcasting and the
Council of Europe Convention on Transfrontier Television.
(f)
Compliance with the Code is a condition of an ITC licence. Licensees should
ensure that relevant employees and programme-makers, including those from
whom they commission programmes, understand its contents and significance.
(g)
When appropriate, the ITC is prepared to give general guidance on the interpretation
of this Code to licensees. It will not normally preview programmes (or sponsor
credits) before production. Independent producers, or others supplying programme
material, should seek guidance on specific proposals from the relevant licensee.
(h)
The ITC reserves the right to specify requirements which go beyond the rules set out
in this Code. The Code cannot cover every situation, and licensees should therefore
aim to operate within the spirit of the Code as well as the strict letter of it.
(i)
The ITC may impose sanctions, including financial penalties on licensees who do
not comply with this Code.
3
(j)
The ITC, which for this purpose includes the Commission Members and ITC
staff, servants and agents, accepts no responsibility or liability for any reliance
placed on advice given by the ITC in connection with the Code. The ITC will
not be liable for any loss or damage claimed to arise as a result of such reliance.
Any advice given by ITC staff is without prejudice to the exercise by the ITC of
its regulatory responsibilities and is given on the strict understanding that this
does not affect the ITC’s discretion in judging the sponsorship after
transmission.
4
INTRODUCTION
PART A
1.1
This is the ITC Code concerned with programme
sponsorship. It contains the rules that apply to:

Sponsored television programmes

Advertiser supplied or funded programmes (including
‘masthead’ programmes)
These rules appear in Part A.
PART B
1.2
The Code also contains the rules concerned with
advertiser involvement in programmes. These rules apply to the
following whether the programme is sponsored or not:

Commercial references to prizes in game shows or
viewers' competitions

Television coverage of events

Product placement (and donating goods and services for
use in programmes)

Using (and crediting the providers of) timing devices
during television coverage of sporting events

Sponsored support material at the end of programmes
(e.g. fact sheets, material on licensee’s websites)
These rules appear in Part B.
All rules in this Code apply to all ITC licensed services,
with the exception of Rule 14.
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2.
DEFINITIONS
2.1
A Sponsored Programme is a programme that has had some or all of its costs met
by a sponsor with a view to promoting its own or another's name, product or
service.
2.2
A Masthead Programme is a programme made or funded by a periodical,
newspaper, book or information software publisher. This may include websites that
have significant editorial content and could be regarded as the web equivalent of a
published magazine. It may incorporate the name of the publisher's product in its
title and have similar editorial content.
2.3
Costs include any part of the costs connected to the production or transmission of the
programme.
2.4
Sponsor is any organisation or person, other than the broadcaster or television
producer, who is sponsoring the programme in question with a view to promoting
their goods or services. This definition extends to those who are otherwise supplying
or funding the programme.
2.5
Name includes trademark, image, activities, or any other direct or indirect
commercial interests.
The Television Without Frontiers directive defines sponsorship as ‘any contribution made
by a public or private undertaking not engaged in television broadcasting activities or in the
production of audio-visual works to the financing of television programmes with a view to
promoting its name, its trademark, its image, its activities or its products’.
6
3.
ACQUIRED PROGRAMMES
This Code applies also to acquired programmes, including those programmes
acquired from outside the UK. Films made for the cinema, and coverage of sporting
or other events taking place outside the UK, however, may deviate from the Code
where this is unavoidable.
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PART A
THE ITC CODE OF PROGRAMME SPONSORSHIP
4.
KEY PRINCIPLES
There are two key principles underpinning the regulation of television
sponsorship:
4.1
To ensure that programmes are not distorted for commercial purposes. A sponsor
must not influence the content or scheduling of a programme in such a way as to
affect the editorial independence and responsibility of the broadcaster.
4.2
To maintain a distinction between advertising and sponsor credits. This is to ensure
that credits are not used to extend the time allowed for advertising.
5.
PROHIBITED AND RESTRICTED SPONSORS
The following are not allowed to sponsor television programmes:
5.1
Political bodies
This includes any organisation whose aims are wholly or mainly of a political nature.
(For a definition of a political body, see the ITC Code of Advertising Standards and
Practice.)
5.2
Manufacturers of tobacco products
This includes any company whose name is chiefly known to the public through its
tobacco business, even though it may sell other non-tobacco products and services.
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5.3
Those who cannot advertise on television
(These are listed in the ITC Code of Advertising Standards and Practice.)
Providers of the following are allowed to sponsor television programmes, but
are subject to certain restrictions:
5.4
Pharmaceutical products
Pharmaceutical manufacturers may not refer in their credits to brands that are only
available on prescription.
5.5
Bookmaking
Bookmakers (including companies whose principal business is bookmaking) may
not sponsor programmes that include coverage of horse or greyhound racing, or the
results of such racing.
5.6
Gaming
Gaming companies (including companies whose principal business is gaming) may
not sponsor television game shows that closely resemble the gaming that takes place
in bingo halls and casinos.
5.7
Other restrictions
No advertiser may sponsor a programme during which they would not be permitted
to advertise.
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(See the ITC Rules on Amount and Scheduling of Advertising and the ITC Code of
Advertising Standards and Practice.)
6.
SCHEDULING
Without the prior approval of the Commission, no sponsored programme may be
broadcast at a time or in circumstances where the sponsor would be restricted from
advertising under the ITC Rules on the Amount and Scheduling of Advertising.
7.
WHAT CAN BE SPONSORED?
The following may be sponsored:
7.1
Individual programmes and series of programmes. An advertiser may sponsor a
programme or several programmes within a series only if, under ITC Rules, they
would be permitted to sponsor all the programmes in the series.
7.2
‘Showcases’ or themed programme blocks (provided all the programmes are eligible
for sponsorship by the sponsor).
7.3
Some specialist news reports
Short specialist reports following a news programme – including sport, travel and
weather reports - may be sponsored. They must be presented outside, and clearly
separated from, the news programme (e.g. by end credits for the news programme, or
by a commercial break).
7.4
Substantive programme strands may be sponsored. Sponsor credits for these strands
may only appear adjacent to the strand and must also be adjacent to a commercial
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break. There may not be sponsor credits within the programme itself (see Rule
10.2.1).
The following may not be sponsored:
7.5
Any other element of the programme service (including items of station presentation
or continuity).
7.6
A whole television channel.
8.
PROGRAMMES THAT CANNOT BE SPONSORED
The following programmes cannot be sponsored by any advertiser.
8.1
News programmes
This includes any programme or newsflash containing local, national or international
news.
8.2
Current affairs programmes
On Channels 3, 4 and 5, current affairs programmes are identified in the annual return to the
ITC. On cable and satellite channels, the ITC will normally regard a current affairs
programme as one that contains explanation and analysis of current events and issues,
including material dealing with political or industrial controversy or with current public
policy.
Certain sponsors (or types of sponsor) cannot sponsor certain programmes (or types
of programme):
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8.4
Consumer advice programmes
Programmes or series offering or including reviews or advice on products or services
(including where to go and what to see) may not be sponsored by advertisers whose
business involves the marketing or provision of products or services of the type
featured.
This restriction is designed to prevent advertisers with a particular interest in a field
influencing (or potentially influencing) editorial content. Therefore, a programme that
included reviews about cars could not be sponsored by a car manufacturer whose product
might be reviewed (or potentially reviewed) in the programme. Simply excluding a sponsor
from the editorial of such a programme would also amount to unacceptable editorial
interference. Instructional (‘how to do’) programmes which do not include purchasing
advice or reviews may be sponsored by advertisers who supply products or services
relevant to the area concerned, provided there is no conflict with other provisions of the
Code.
While business and finance programmes are not specifically prohibited from sponsorship,
such programmes will usually be unsponsorable or restricted in the choice of sponsor. This
is due to the prohibition on sponsorship of programmes including current affairs, or the
rules concerning the sponsorship of consumer advice programmes. For example,
programmes which contain interpretation or comment on relevant news stories or topical
issues, market reports, current company profiles etc are some of the programmes that could
not be sponsored.
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8.5
Masthead programming
Magazines that share the name of an advertiser, or operate as supplementary
marketing initiatives to other types of business, may not supply masthead
programming. (See also Rule 2.2 and Rule 13).
This rule acknowledges that masthead programming operates as a limited exception to the
rules preventing sponsors from having influence over the content of programmes. The
inclusion of the magazine's name in the programme title acts as a badge of origin for the
programme content, not as a promotional tool for an advertiser to promote other, nonmagazine, activities.
Such advertisers can, of course, sponsor programmes with their non-magazine brands,
subject to the usual rules in the ITC Code of Sponsorship Code.
8.6
Merchandising and licensing arrangements
Programmes may enter into merchandising arrangements to produce products based
on programme characters or other elements of the programme. However, these
companies may not fund any programme with which they are involved in this way.
(See also Rule 17).
This rule is designed to prevent the market in programmes, particularly children's
programmes, being distorted by advertisers who, if this rule did not exist, might wish to
make or fund programmes based on existing commercial products. Such programmes could
be offered to broadcasters at a discount, reflecting their undoubted promotional value for
the advertiser concerned.
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9.
CONTENT OF SPONSORED PROGRAMMES
9.1
Sponsor's product or service
9.1.1 There may be no reference, whether visual or oral, to the sponsor (or the sponsor's
product or service) in the programme or series they are sponsoring. The financial
relationship between a sponsor and a broadcaster or programme-maker may create a
higher presumption that the inclusion of a sponsor reference is deliberate and/or
promotional.
9.1.2 The only exceptions to this rule are:
(i)
during the coverage of bona fide events, when the broadcast and event
sponsor is the same advertiser. Such references must be editorially justified
by the needs of the event coverage (see Rule 19)
(ii)
during masthead programmes, when the programme and magazine title share
the same name (see Rule 13)
(iii)
when editorially justified, during programmes supplied to a single interest
channel (see Rule 14.2)
9.1.3 This rule also extends to generic references to the sponsor's (unbranded) product,
service or business. When editorially justified, there may be occasions when a
generic reference is justified, but this may never be in a way that suggests the generic
reference is promotional for the sponsor.
This rule is key to ensuring that sponsors do not influence the content or scheduling of the
programme, and has been referred to above in the notes about consumer advice
programming.
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9.2
Programme presenters
Presenters of unsponsorable programmes (e.g. news presenters) must not be used in
vision in sponsored programmes scheduled adjacent to the unsponsorable
programme in which they have appeared. They may be used in voiceover only,
provided the programme is separated from the unsponsorable programme as stated in
Rule 7.3. This restriction does not apply to presenters of minor items (e.g. news
reporters).
10.
PLACING AND LENGTH OF CREDITS
10.1
Transparency requirements
Any sponsorship must be clearly identified at the beginning and/or end of the
programme. There may also be bumper credits (entering and/or leaving a
commercial break). Credits may be oral and/or visual.
10.2
Placing of credits
10.2.1 There must be no sponsor credits within programmes.
10.2.2 Front credits must not be integrated within any part of the programme other than its
title sequence, provided that the sequence does not include, nor is preceded by, any
part of the programme itself.
10.2.3 Bumper or end credits may overlap the programme for not more than five seconds
(e.g. as subtitles or superimposed text).
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11.
SPONSOR CREDITS
11.1
Content of credits
11.1.1 The principal purpose of sponsor credits must be to create an association between the
sponsor and the actual programme being sponsored.
11.1.2 The link between the programme and sponsor must be reflected in the sponsor
credits, either visually or orally or both. Any use of the sponsor’s product within
sponsor credits must help to reflect the link between the sponsor and the programme.
11.1.3 Credits must not include any extracts from advertising campaigns that have been
transmitted on ITC licensed services within the last three years.
11.1.4 Credits must not contain any direct exhortations to purchase or rental of the
sponsor’s goods or services. They may not include specific references to the
attributes, benefits or prices of those products or services.
11.1.5 Credits must not be used explicitly to resolve promotions in other media (e.g.
containing numbers in a scratchcard or other off air promotions).
Sponsor credits are not counted as part of advertising minutage. As a result, the rules
above are designed to limit the extent to which sponsor credits can be used for direct
advertising messages. Subject to compliance with these rules, credits may include contact
details provided they are not part of a direct exhortation to purchase.
11.2
Sponsorship message
11.2.1 The front credit (or where there is none, the end credit) must identify the sponsor and
explain the sponsor's actual connection with the programme.
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11.2.2 Expressions that suggest the sponsor has compromised the ITC licensee's
broadcasting responsibilities are not acceptable.
Fore example ’brought to you by’ would not be allowed.
11.3
Presenters and voiceovers in sponsor credits
11.3.1 Sponsor credits must not be capable of being confused with items of station
continuity. Credits must not feature, in voiceover or in vision, station continuity
presenters or announcers.
11.3.2 Sponsor credits must not be capable of being confused with actual programmes.
Unless the credits are fully integrated with the programme's title sequence, credits
must not feature in any way, whether in voiceover or in vision, programme
presenters or performers (including animated characters). If the credits are fully
integrated, there must be no interaction, either explicit or implied, between the
programme presenter or performer and the sponsorship material.
11.3.3 News presenters may not be used in sponsor credits. News presenters are defined as
those who currently present news bulletins, or who have done so in the previous 12
months.
11.4
Application of ITC Code of Advertising Standards and Practice
No sponsor credit may breach the principles or spirit of the ITC Code of Advertising
Standards and Practice. The detailed rules contained in the advertising code should
be applied to sponsor credits when appropriate.
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12.
REFERENCES TO SPONSORS IN PROGRAMME TRAILERS
The main purpose of trailers is to alert viewers to a forthcoming programme. The
sponsor's presence should therefore remain secondary. There may be one simple oral
and/or visual reference to the sponsor(s), lasting not more than five seconds in total.
13.
MASTHEAD PROGRAMMES
Masthead programmes are permitted provided:
13.1
Programmes are not a television version of a specific edition of the parent
publication.
13.2
There are no references within the programme specifically to the parent publication
or to any articles or other matter in that publication. Internal references to the
programme title should only be used sparingly. Any visual references should be
minimal. (See also Rule 2.3 and Rule 8.5)
These rules are designed to limit the exposure a masthead brand is given within a
programme, recognising that masthead programming is one of the limited exceptions to the
prohibition on references to the sponsor in Rule 9.1 above.
14.
APPLICATION OF RULES
With the following exception, all the rules in this Code apply to all ITC licensed services:
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14.1
Credit lengths (applies to Channels 3, 4 and 5 only)
14.1.1 Sponsor credits must not exceed the following lengths:
Opening credit (one programme sponsor)
15 seconds
Opening credit (more than one programme sponsor)
20 seconds
Bumper credits
10 seconds
End credit
10 seconds
14.1.2 Integrated credits
If the sponsor credit is integrated with a programme title sequence which is longer
than the permitted length for sponsor credits, the sponsor credit will be deemed to
start with the commencement of the title sequence. All sponsor references must be
contained within the first 15 (or as the case may be, 20) seconds. However, there
may be one additional reference to the sponsor within the title sequence provided
this is included within the overall limit for the credit.
There are no restrictions on credit lengths for all other channels.
14.2
Single interest channels
The ITC may apply a less stringent interpretation of Rule 9.1 (concerning sponsor
references) in the case of advertiser-supplied programmes broadcast on single
interest channels. Such programmes must not, however, contain material that directly
encourages the purchase or rental of the sponsor's goods or services (e.g. by
19
providing information on prices, inducements to purchase or contact details).
Licensees are invited to seek further guidance from the ITC on the interpretation of
this rule.
This rule provides some flexibility with regard to Rule 9.1 for channels seeking to serve a
closely defined single interest (e.g. travel, computing, fishing etc). It recognises the fact that
it may be more important to encourage a variety of original programming (from different
sources) than to insist that it should always
be presented in a way completely free of any promotional motivation.
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Part B
The ITC Rules Concerning Advertiser Involvement in Programmes
15.
PRODUCT PLACEMENT
15.1
Product placement is defined as the inclusion of, or a reference to, a product or
service within a programme in return for payment or other valuable consideration to
the programme-maker or ITC licensee (or any representative or associate of either).
This is not allowed.
15.2
Where their use is clearly justified editorially, products or services may be acquired
at no, or less than, full cost. Provision of the article must not be conditional on any
specific agreement as to the manner of its appearance in the programme.
15.3
Except in programmes prohibited from sponsorship under Rule 8, a basic text
acknowledgement lasting no more than five seconds may be included within the end
credits of the programme for the product or service acquired under the terms of this
rule. This is permitted only where the identity of the product is not otherwise
apparent from the programme itself. The credit should be in the same text style as the
other credits for the programme and may not include logos.
15.4
The ITC Programme Code prohibits undue prominence. This rule applies
irrespective of the means by which the product or service is provided (see Rule 16).
16.
UNDUE PROMINENCE
The ITC Programme Code forbids undue prominence for commercial goods and
services in programmes of any kind:
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No undue prominence may be given in any programme to a commercial product or
service. In particular, any reference to such a product or service must be limited to
what can clearly be justified by the editorial requirements of the programme itself.
An important practical yardstick is that no impression be created of external
commercial influence on the editorial process. In no circumstances may the manner
of appearance of a product be the subject of negotiation or agreement with the
supplier. Branded products should not, as a general rule, be referred to in audio by
brand name, or shown in close-up or from an angle which displays the branding to
best advantage, or for any significant length of time.
17.
SIMILARITY OF PROGRAMMES AND ADVERTISING
17.1
The ITC Code of Advertising Standards and Practice and Rules on the Amount and
Scheduling of Advertising sets out the rules concerning the separation of programmes
from advertising. These Codes outline the circumstances in which it is acceptable to
include programme footage in advertising.
17.2
Close similarity between a programme's content and an advertiser's advertising (or
other marketing activity) might constitute grounds for regarding the programme as
having an unacceptable promotional purpose. This is likely to be the case if a
character created for advertising or marketing purposes is developed for use in a
programme, regardless of whether the advertiser is involved in making the
programme or not.
18.
ADVERTISER REFERENCES IN GAME SHOWS AND VIEWER
COMPETITIONS
18.1
Prizes should be described in an informational non-promotional manner. Where
editorially justified, there may be two mentions of one brand, or one mention each of
22
two brands, in connection with the prizes in game shows or viewer competitions.
Any additional prizes must not be identified by brand.
18.2
In viewer competitions, the brand mention(s) may only be given when details of how
to enter are given.
18.3
Licensees must retain full responsibility for viewer competitions during their
programmes. Viewer competitions containing brand mentions must take place
within a programme or presentation time, and cannot stand alone as programmes in
their own right. Trailers for programmes may not include viewer competitions with
brand mentions.
18.4
Sponsors cannot donate their own products or services as prizes in competitions
contained within programmes they are sponsoring.
18.5
End credits under Rule 15.3 are allowed only for the brands or donors of prizes that
have not been made apparent during the programme.
These rules are concerned with the degree of exposure given to brands as prizes in game
shows and viewer competitions. The rules essentially apply normal principles of undue
prominence, but allow some flexibility in identifying prizes when it is in the viewers' interest
(for example, when it affects the viewer’s decision whether or not to enter the competition).
At the same time, the ITC wishes to avoid the situation where prizes are offered to
broadcasters in return for inappropriate on-screen promotion.
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19.
COVERAGE OF EVENTS
19.1
Definition of an event
19.1.1 For the purpose of this rule, with the exception of recognised sporting occasions,
events are expected to occur on a one-off or at most annual basis. Licensees are
advised to consult the ITC as to the acceptability of events that occur more
frequently.
19.1.2 Television coverage must not be the principal purpose of the event and the event
must be open to members of the public.
19.2 Event coverage
19.2.1 In all cases, visual or oral reference to any advertising, signage or branding at an
event must be limited to what can clearly be justified by the editorial needs of the
programme itself. In particular, every effort must be made to avoid branding for an
advertiser or sponsor that seems to be deliberately positioned for the cameras, or
positioned in such a place that makes prominent television exposure likely.
19.2.2 There should be no oral reference to the sponsor's business, product or service during
the coverage of such an event.
19.2.3 Where it is not otherwise apparent from the coverage of the event, there may be a
brief reference to the event sponsor within the programme, or to sponsored elements
within it (e.g. individually sponsored races or a sponsored award ceremony).
Alternatively, a basic end credit may be included with the end credits of the
programme, with the exception of event sponsors prohibited from programme
sponsorship under Rule 5.
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19.2.4 The use of electronic imaging systems during broadcast coverage of an event must
comply with the ITC guidance in force at the time.
19.2.5 Coverage of tobacco sponsored events, or events at which there is branding, signage
or advertising for any tobacco company, must be consistent with the current rules
and legislation in place at the time of the event.
The ITC has no intention of imposing detailed restrictions on advertising at events, but
seeks to ensure that a licensees’ primary responsibility is to cover the activity at the event
itself, and not any incidental advertising.
20.
TIMING AND INFORMATION SERVICES
20.1
A programme may include technical timing and information that may be
electronically generated directly on to the screen. This may be supplied at reduced or
no charge by a technical provider. A brief on-screen acknowledgement to the
technical provider may appear on screen whenever the information is displayed.
20.2
Only the actual technical provider of the information may benefit from this
provision. The technical provider must not additionally sponsor the programme. The
provision of information on site at any event is not covered or restricted by this rule.
21.
SPONSORED SUPPORT MATERIAL
21.1
The definition of programme support material, and how it may be promoted,
is set out in the ITC Programme Code. It may be sponsored subject to the
following rules.
21.2
Programmes that cannot be sponsored under Rule 8 of this Code cannot have
programme support material sponsored.
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21.3
Sponsors prohibited or restricted from programme sponsorship under Rule 5
of this Code are subject to the same prohibitions and restrictions regarding the
sponsorship of support material.
21.4
The sponsor may be identified when details of how to get the support material
are given. The sponsor credit must be limited to a simple, factual, audio
and/or visual reference to the identity of the sponsor, lasting no longer than 15
seconds.
21.5
Support material credits must be separate from and not integrated with the
programme sponsor credits. A brief visual display of the sponsor's trademark
or registered logo may be included with the sponsor's name.
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