Advertising Standards Code
Draft for consultation: 7 January 02
Contents
Page
Introduction
6
Who does the Code apply to?
How should licensees apply the Code?
Pan-European or Non-UK Advertising
How does the ITC apply the rules?
7
8
The Code
9
1
Compliance with the law
9
2
Compliance with the spirit of the Code
9
3
Programmes and Advertising
9
3.1
3.2
10
4
Separation of Advertisements and Programmes
Editorial Independence
Permissions and Copyright
Unacceptable Products and Services
11
4.1
(a) devices for breath-testing or masking the effects of alcohol
(b) betting tips
(c) betting and gaming advertising prohibited by law
(d) tobacco products
(e) private investigation agencies
(f) guns and gun clubs
(g) escort agencies
(h) pornography
(i) the occult (see also rule 11.3)
(j) products for the treatment of alcoholism
(k) hypnosis, hypnotherapy, psychiatry, psychology, psychoanalysis and
psychotherapy
(l) commercial services offering advice on personal or consumer problems
4.2
Indirect advertising of unacceptable products or services
12
5
Political and Controversial Issues
13
6
Misleading Advertising
13
6.1.1
6.1.2
6.2
15
Definitions of Misleadingness
Requirements for Evidence
Creative Treatments:
6.2.1
6.2.2
6.2.3
6.2.4
6.3
Visual techniques and special effects
Subliminal advertising
Superimposed text
Contradictions v Qualifications
Comparative advertising
16
2
6.4
6.5
6.6
6.7
6.8
6.9
6.10
7
17
18
19
Finance and Investment
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
8
Denigration
Price Claims
Use of the word ‘free’
Testimonials
Guarantees
Environmental Claims
Animal Testing
20
Legal Responsibility
Non-UK Advertising
Misleadingness
Direct Remittance
Investment Advertising
Financial Promotions
Savings and Deposits
Lending and Credit
Financial Publications
21
22
23
Medicines, Treatments, Health Claims and Nutrition
8.1
General:
8.1.1
8.1.2
8.1.3
8.1.4
8.2.
Impressions of Professional Advice and Support
Medical or Health Advice Given Remotely
Encouragement of Excess
Tonic
Medicinal Products and Other Treatments:
8.2.1
8.2.2
8.2.3
8.2.4
8.2.5
8.2.6
8.2.7
8.2.8
8.2.9
8.2.10
8.2.11
8.2.12
8.2.13
8.2.14
8.2.15
8.2.16
8.2.17
8.2.18
8.2.19
8.2.20
8.3
24
Prescription Only Medicines
Products Without a Marketing Authorisation
Mandatory Information
Unacceptable References
Homeopathic Medicinal Products
Medicines and Children
Conditions Requiring Medical Attention
Guarantee of Efficacy
Side Effects
Comparisons
Appeals to Fear or Exploitation of Credulity
Unacceptable Descriptions
‘Natural’ Products
Self Diagnosis
Claims of Recovery
Pictorial Representations
Cure
Analgesics
Smoking Deterrents
Celebrity Testimonials and Presentations
Food and Dietary Supplements:
8.3.1
25
30
Accuracy in food advertising
3
8.3.2
8.3.3
8.3.4
8.3.5
8.4:
Slimming regimes & other weight control products:
8.4.1
8.4.2
8.4.3
8.4.4
8.4.5
8.4.6
9
10
Excessive Consumption
Comparisons and Good Dietary Practice
Oral Health
Dietary Supplements
32
Requirement for medical advice
Predictions of weight loss
Under 18s
Low-calorie foodstuffs
Obese
Underweight
Harm and Offence
34
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
35
Community Standards
Violence and Cruelty
Use of Animals in Filming
Personal Distress
Protection of Privacy and Exploitation of the Individual
Harmful or Negative Stereotypes
Health and Safety
Protection of the Environment
Sound Levels in Advertisements
36
37
38
39
Children and Young Teenagers
39
10.1
39
Misleadingness and Children:
10.1.1: Children’s Inexperience
10.1.2
Unrealistic Expectations
10.1.3
Product Characteristics
10.1.4
Expensive Toys
10.1.5
Prices
10.2
Pressure to Purchase:
10.2.1
10.2.2
10.2.3
10.2.4
10.3
Direct Exhortation
Unfair Pressure
Children as Presenters
Direct Response
Harm and Distress to the Young:
10.3.1
10.3.2
10.3.3
10.3.4
10.3.5
10.3.6
10.4
42
42
Mental Harm
Physical Harm
Bullying
Vulnerability
Sexuality
Distress
Use of Scheduling Restrictions
45
4
11
12
Religion, Faith and Systems of Belief
48
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
11.13
11.14
11.15
11.16
11.17
11.18
49
Application of rules
Unacceptable Advertisers
The Occult and Psychic Practices
Superstition
Acceptable Categories
Fund Raising
Religious Charities
References to Beliefs
Exhortations
Services and Ceremonies
Benefit Claims
Counselling
Denigration
Vulnerable Categories of Viewer
Use of Fear
Children and Young People
Identification
Advertising on Specialised Religious Channels
Other Categories
12.1
12.2
12.3
12.4
12.5
12.6
12.7
12.8
50
51
52
53
54
Premium rate telephone services
Distance selling
Charities
Homework Schemes
Instructional Courses
Betting and Gaming (including lotteries, pools and bingo)
Introduction and Dating Services
Alcoholic Drinks:
55
57
58
59
12.8.1 Rules for All Advertising
12.8.2 Additional rules for advertising Alcoholic Drinks
12.8.3 Low Alcohol Drinks
12.9
Driving Standards:
61
12.9.1 Applicable to All Advertising
12.9.2 Additional rules for Automotive Advertising
APPENDIX 1
Statutory Framework
Other relevant ITC Codes and Guidance
63
APPENDIX 2
Superimposed text legibility guidelines
63
APPENDIX 3
Photo-sensitive epilepsy guidelines
63
APPENDIX 4
Statutes affecting television advertising
63
5
ITC Advertising Standards Code
INTRODUCTION
This revised Code1 aims to set standards for television advertising fit for the 21st
century. Its principles are enduring. Advertising should not mislead, cause deep or
widespread offence, or lead to harm, particularly to children or other vulnerable
people. Viewers should know when they are watching a programme and when they
are receiving a commercial message. In essence, television advertising should be
legal, decent, honest and truthful.
Principles endure, but how they apply changes with public concerns and expectations
and the nature of the medium. This Code has been developed on the basis of audience
research and wide consultation, including with practitioners. It informs decisions
about thousands of advertisements across hundreds of channels.
Audiences choose programmes, not advertisements. These come unbidden into the
home. Unlike programmes, they are repeated many times over a short period, so any
harm or offence is quickly multiplied.
But, in fact, television advertising in the UK is a success story. TV advertising is
creative, constructive and trusted by viewers. That makes it effective in funding
programmes, supporting the economy and enlivening television.
This Code describes the standards that deliver that trust and effectiveness and provides
guidance for practitioners so that creative ideas can be tested against those principles.
1
For more detailed guidance on the statutory framework for television advertising, see Appendix I.
6
Who does the Code apply to?
It applies to all the ITC’s licensees. At present these are ITV, GMTV, Channel 4,
Channel 5, satellite television services provided by broadcasters established in the UK
(whether or not their main audience is in the UK), licensable programme services
(including cable channels established in the UK), digital programme services and
services provided under Restricted Service Licences (RSLs). The Code also applies to
the Welsh Fourth Channel which is regulated by S4C. (Advertising on regulated text
services is subject to the ITC Code for Text Services)
How should licensees apply the Code?
(a) Licensees must satisfy the ITC that they have adequate staff and procedures to ensure
that the advertising they transmit complies with both the letter and the spirit of the
Code. The ITC Programme Code also applies to all output, whether advertising or
programming. (The Broadcast Advertising Clearance Centre (BACC), which
provides a pre-transmission advertising compliance service for a number of licensees,
publishes Notes of Guidance that may be helpful.)
(b) It is important to bear in mind that some rules which are to be found in Code sections
dedicated to particular categories of products or services (such as alcoholic drinks,
cars, medicines or food) also apply to any advertising which includes or refers to
those products. The phrasing of such rules omits the product category in order to
indicate their wider scope: (“No advertising may...”; “Advertisements must...” etc.)
(c) The protection of young viewers is always a priority.
considered for all advertising which:
Section 10 should be
 is aimed at children or is likely to be of interest to them
 features children whether as professionals or amateurs
 could harmfully influence children even if not of direct interest to them
(d) The Broadcasting Act 1990 forbids unreasonable discrimination either against or
in favour of any particular advertiser. Subject to this, however, and like publishers
in other media, television companies are entitled to refuse advertising they do not
wish to carry.
Pan-European or Non-UK Advertising
(e) Licensees should seek the ITC’s advice if they wish any rules in the Code disapplied
because the advertising on a programme service is addressed exclusively to
audiences outside the UK.
(f) An advertisement which is aimed specifically and with some frequency at audiences
in the territory of a single party to the 1989 Council of Europe Convention on
7
Transfrontier Television must comply with the television advertising rules of that
party.
Note: Paragraph (f) does not apply:
(i)
(ii)
(iii)
where the party is a Member State of the European Community or
where its television advertising rules discriminate between advertising
broadcast on services within its jurisdiction and that on services outside its
jurisdiction or
where the UK government has concluded a relevant bilateral or multilateral
agreement with the party concerned.
How does the ITC apply the rules?
(g) For the purposes of the Code, the terms "advertisement" and “advertising” mean any
publicity, including publicity by licensees themselves, in breaks during or between
programmes. This is irrespective of whether payment is made. The rules also apply
to “teleshopping” channels, windows and spots.
(h) The ITC does not offer pre-transmission clearance of advertising. That is the
licensees’ responsibility. The ITC will, however, give guidance on the interpretation
of the rules but this advice is without prejudice to the ITC’s right to investigate and
intervene if necessary once the advertising has been broadcast. The ITC, including
its Commission Members, staff and agents, accepts no liability for reliance placed on
such advice and is not liable for any loss or damage alleged to result from it.
(i) The Code includes guidance notes. One purpose of these is to help advertisers and
licensees to avoid common regulatory pitfalls. The guidance in the notes is not
mandatory but it reflects factors the ITC is likely to take into account in considering
whether advertising breaches the spirit of the rules.
(j) The ITC may, where necessary, impose restrictions which go beyond those in the
Code and, if appropriate, may disapply specific rules.
(k) The ITC has the power to require advertising which does not comply with the Code
to be withdrawn or re-scheduled. If necessary, the ITC may impose financial
penalties on licensees which breach the Code and may shorten the term of a licence
or remove it.
8
THE CODE
1
Advertisements must comply with the law and licensees must make that a
condition of acceptance.
2
Advertisements must reflect the spirit, not just the letter of the rules.
3
PROGRAMMES AND ADVERTISING
Notes:
(1) Section 3 has two purposes. The first is to ensure that viewers can be sure at all
times whether they are watching programming or advertising. The second is to
ensure that programmes are not distorted for commercial purposes; links between
advertisers and programme properties are restricted for that purpose.
(2) Unless otherwise stated, Section 3 also applies to programme promotions.
(3) “Programme” in this rule is defined as any current or recent programmes on any
UK television service. “Current” is defined as including material from series still
running or likely to be resumed. “Recent” is defined as any programme or series
last transmitted (including repeats) in the previous two years.
(4) All rules concerning the scheduling of advertisements (including restrictions on
scheduling in certain programmes) may be found in Section 4 of the ITC Rules on
the Amount and Scheduling of Advertising.
Separation of advertisements and programmes
3.1.1 There must be a clear distinction between programmes and advertisements
Note: In ambiguous cases concerning identification, an advertisement will require
a positive indication on screen that it is an advertisement.
3.1.2 Advertisements must not:
(i) use expressions reserved for important news and public service
announcements (e.g. “News Flash”)
(ii) use a situation, performance or style reminiscent of a programme in a
way that might confuse viewers as to whether they are watching a
programme or an advertisement
(iii) refer to themselves in a way that might lead viewers to believe they
are watching a programme (e.g. by adopting the title “Programme”)
9
(iv) include extracts or footage from broadcasts of parliamentary
proceedings
(v) feature, visually or orally, anyone who regularly presents news or
current affairs on television
Notes:
(1) Rules 3.1.2(iii) – (v) do not apply to programme promotions.
(2) The ITC can offer advice to licensees on 3.1.2(v) if required.
Editorial Independence
3.2.1. Broadcasters must retain editorial independence and responsibility for the
content and scheduling of programmes.
3.2.2 Advertisements must not:
(i) refer to the use or appearance of any product or service in any
programme
(ii) feature a person who appears in any current programme which the
advertiser would be precluded from sponsoring. (See the ITC Code of
Programme Sponsorship)
(iii) include extracts from any recent or current programme (with limited
exceptions)
(iv) include titles, logos, sets or theme music from any programme (with
limited exceptions)
Notes:
(1) 3.2.2(iii) and (iv) do not apply to programme promotions.
(2) The exceptions to 3.2.2(iii) and (iv) concern advertisements for products or
services based on a particular programme. In these cases, if an actual programme
extract is used, the programme extract must not appear to endorse the product or
service advertised. Otherwise, care must be taken to ensure the advertisement is not
mistaken for an extract from the programme.
(3) 3.2.2(iii) does not apply to news footage or brief extracts from interviews where
the interviewer is not identified or in the case of programmes not readily
10
identifiable as such.
(4) 3.2.2(iv) only applies to music predominantly associated or identified with a
particular programme.
(5) Further exceptions to 3.2.1 and 3.2.2 exist for some sponsors and programmes
subject to the ITC Code of Programme Sponsorship.
Note: Permissions and Copyright
(1)
Advertisements are likely to impinge upon intellectual property rights if they
feature actors appearing as the characters they play in programmes or if they refer to
or are connected with programmes in any other way permitted by section 3.
Advertisers are advised to obtain any necessary permissions before committing
themselves to production.
(2) Subject to this, permission for the use in advertisements of elements of licensees'
programme properties is a matter for their own judgement, taking account of the likely
effect on the reputation of the programme. Licensees are advised to ensure that
contracts with performers and independent producers cover these eventualities.
Licensees are also reminded that any references in the programmes to the relevant
products, services or advertising are likely to contravene the 'no undue prominence'
requirements of the ITC Programme Code and ITC Code of Programme Sponsorship.
.
4
UNACCEPTABLE PRODUCTS AND SERVICES
4.1 Advertisements for products or services coming within the recognised
character of, or specifically concerned with the following are not acceptable:
(a) breath-testing devices and products that purport to mask the effects of
alcohol
(b) betting tips
(c) betting and gaming advertising prohibited by law
Note: See also rule 12.6.
(d) all tobacco products
Note: Where products or services are linked to a tobacco brand because
they share a brand name, they may be advertised so long as the advertising
makes or implies no other reference to smoking or to the tobacco product
11
and does not lead the viewer to other material promoting tobacco or
smoking.
(e) private investigation agencies
(f) guns and gun clubs
(g) escort agencies
(h) pornography
Note: This extends to publications of the kind commonly referred to as ‘top
shelf’ publications. Encrypted elements of adult entertainment services
may however carry advertising for certain ‘top shelf’ publications.
(i) the occult (see rule 11.3)
(j) products for the treatment of alcoholism
(k) hypnosis-based procedures (including techniques commonly referred to
as hypnotherapy), psychiatry, psychology, psychoanalysis and
psychotherapy. These prohibitions do not extend to clinics and
institutions and certain types of publications on these matters approved
on a basis acceptable to the Commission, after consulting its medical
advisors
(l) commercial services offering advice on personal or consumer problems
(with some exceptions)
Notes:
(1) This prohibition does not apply to advertisements for financial advice
which meet the requirements of Section 7 of the Code.
(2) Nor does it preclude advertising by solicitors or those offering specific
professional services designated from time to time by the Commission)
Note to 4.1: Details of other unacceptable categories of advertising can be found in
sections 7 (Finance and Investment), 8 (Medicines, Treatments, Health Claims and
Nutrition), 11 (Religion, Faith and Systems of Belief) and 12.4 (Homework Schemes).
4.2 An advertisement for an acceptable product or service may be unacceptable
should it seem that a significant effect would be to publicise indirectly an
unacceptable product or service.
12
Note: Advertisements which incidentally show people smoking should not
glamourise the activity. There should be no smoking in any advertising which might
be of particular interest to children or teenagers.
5
POLITICAL AND CONTROVERSIAL ISSUES
No advertisement may be inserted by or on behalf of any body whose objects are
wholly or mainly of a political nature, and no advertisement may be directed
towards any political end. No advertisement may have any relation to any
industrial dispute. No advertisement may show partiality as respects matters of
political or industrial controversy or relating to current public policy.
Notes:
(1) The term ‘political’ here is used in a wider sense than ‘party political’. The
prohibition precludes, for example, issue campaigning for the purposes of influencing
legislation or executive action by legislatures either at home or abroad. Where there is
a risk that advertising could breach this prohibition prospective advertisers are strongly
advised to seek advance guidance from licensees before developing specific proposals.
(2) The Broadcasting Act 1990 specifically exempts advertisements of a public service
nature inserted by, or on behalf of, a government department from the prohibition of
advertisements having ‘any relation to any industrial dispute’.
6
MISLEADING ADVERTISING
Note: See also Section 10.1 for additional rules about advertising for products and
services likely to be of interest to children.
6.1.1 No advertisement may expressly or by implication mislead about any
material characteristic of a product or service.
Notes:
(1) The ITC has a duty to enforce the provisions of the Control of Misleading
Advertisements Regulations 1988 as amended by the Broadcasting Act 1990. These
advise that an advertisement is misleading if:
(i) it is likely to deceive those who see it and
(ii) as a result of that deception, consumers are likely to alter their economic
behaviour
or
(iii) for the reasons given in (i) and (ii), it injures or is likely to injure a
13
competitor of the person whose interests the advertisement seeks to promote.
(2) This includes advertising that contains a false statement, description, illustration
or claim about a material fact, that conceals or leaves out important facts, or that
creates a false impression even if everything stated is literally true. Material
characteristics include price, availability and performance.
(3) The ITC considers that the definition of economic behaviour includes both
actual purchasing decisions and decisions to expend time exploring advertised
offers, particularly if the amount of time involved in the latter is disproportionate to
a reasonable viewer’s expectations. Examples include advertising that encourages
viewers to visit one retailer over another only to find that advertised offers are not as
described, and advertising for freephone information lines where significant
conditions are only revealed after lengthy telephone calls. Such advertising may be
judged to be misleading even though no financial cost has necessarily been incurred.
(4) When assessing whether or not an advertisement is misleading, the ITC is
focussed not solely on the intent of the advertiser, nor on whether or not advertising
meets legal or other regulatory requirements, but on the overall impression
conveyed to a reasonable viewer.
6.1.2 Licensees must ensure that:
(a) advertisers have provided adequate, objective evidence to support all
express and implied claims;
Notes:
(1) Whether or not evidence submitted is adequate and objective will be
dependent on the circumstances of the claim. Where a claim derives from
scientific research however, the ITC would anticipate that data submitted
showed that research had been conducted in accordance with recognised best
practice and ideally was peer-reviewed, unless there are commercial
confidentiality concerns e.g. in claims relating to product innovation. In
areas where licensees could not be expected to have expertise, independent
experts must assess claims on their behalf.
(2) Licensees should be able to demonstrate that they have made their own
independent, meaningful assessment of evidence submitted in support of
advertising, and of any advice they have commissioned.
(3) Licensees should also note that under the Control of Misleading
Advertisements Regulations 1988, as amended by the Broadcasting Act
1990, the Commission has a specific duty to investigate complaints about
misleading advertising and is empowered to regard a factual claim as
14
inaccurate unless adequate evidence of accuracy is provided to it when
requested.
(b) any descriptions, claims and illustrations do not imply attributes,
capabilities or performance beyond those that can realistically be achieved
by the product or service advertised in normal use;
(c) all important limitations and qualifications are made clear;
Notes:
(1) Important limitations and qualifications include those on availability,
particularly where an absence of such conditions is likely to lead viewers to
assume that an advertised offer is available to all who might see it on equal
terms. Such restrictions might include geographical restrictions, limited
numbers of purchases per person, age or sex restrictions etc.
(2) Absolute claims – e.g. ‘best on the market’, ‘lowest prices guaranteed’ –
should be avoided unless they are backed up by clear evidence and are based
on a formula on which an advertiser can completely deliver. In particular,
licensees must be alert to the fact that such claims are highly sensitive to
changes in the market, and the behaviour of competitors, during the period
when the advertising campaign is on the air. This means that absolute price
claims should be used with special care as they can often be invalidated in
practice.
(d) the identity of the advertiser is made apparent when advertising might
otherwise be materially misleading.
6.2
Creative Treatments
Visual techniques and special effects
6.2.1 Advertisements must not use or contain any presentational technique or
style that results in a misleading, unfair or unreasonable impression of the
advertised product or service, or its effects.
Note: This does not preclude the use of special techniques or substitute materials in
order to overcome any technical limitations on photography, where ice cream might
melt under lights for instance. It would however prevent the use of glass or plastic
sheeting to exaggerate the effects of floor polishes, for example.
15
Subliminal advertising
6.2.2 No advertisement may use images of very brief duration, or any other
creative technique, in such a way as to exploit the possibility of influencing viewers
without their being fully aware of what has been done.
Superimposed text
6.2.3 Where on-screen text is used in advertisements, it must be legible.
Licensees must therefore ensure that the technical requirements for the form,
size and length of appearance on-screen of text, contained in Appendix 2, are
complied with.
6.2.4 On-screen text must not contradict, as distinct from qualifying, prominent
aspects of an advertisement’s message.
Note: This does not prevent such text from being used to expand or clarify an offer
or to make minor qualifications. Ideally neither the principal offer nor any important
qualifications should appear solely in the form of superimposed text.
Comparative advertising
6.3 An advertisement will be considered misleading if there is any realistic
likelihood that a viewer will be misled as a result of any comparison, whether
about the product or service advertised or that with which it is compared.
Notes:
(1) Comparative advertising is defined, and subject to detailed regulation, by the
Control of Misleading Advertisements (Amendment) Regulations 2000. They state
that an advertisement is “comparative” if it explicitly or by implication identifies a
competitor or its goods or services.
(2) For the purposes of this Code, however, “comparative advertising” extends
beyond the narrow definition contained in the statutory regulations and covers
comparisons of a more general kind where a competitor is not identified.
(3) Whilst only the courts can interpret the law, the following general comments on
the requirements of the statutory regulations may be helpful to licensees when
considering proposals for comparative advertisements.
(4) A comparative advertisement is acceptable if:
(i) it is not misleading;
(ii) it compares goods or services meeting the same needs or intended for the
same purpose;
16
(iii) it objectively compares material, relevant, verifiable and representative
features, (which may include price);
(iv) it does not create confusion between the advertiser and the competitor, or
between their respective trade marks, trade names, other distinguishing marks,
goods or services;
(v) it does not discredit or denigrate;
(vi) it does not take unfair advantage of a competitor’s trade marks, trade
names or other distinguishing marks, or of the designation of origin of
competitive products;
(vii) it does not present goods or services as imitations or replicas.
In addition:
(viii) products with designation of origin may only be compared with other
products with the same designation;
(ix) comparisons relating to special offers must indicate when the offer ends
or, where appropriate, that the offer is subject to availability.
Denigration
6.4 Advertisements must not unfairly attack or discredit other products or
services, advertisers or advertisements either expressly or by implication.
6.5
Price Claims
6.5.1 Any indications of actual or comparative prices or the manner in which a
price is to be calculated, must be accurate and must not mislead by omission,
undue emphasis or distortion.
Note: The Consumer Protection Act 1987 and supporting regulations lay down the
statutory framework for indications of price, price comparisons and reductions. In
addition the DTI has issued guidance in the form of a comprehensive Code of
Practice for Traders on Price Indications. Licensees should be able to demonstrate
that they are satisfied that any departure from this guidance is justified.
6.5.2 To avoid advertising that gives a misleading price indication, licensees must
ensure that:
a) quoted prices are inclusive of all non-optional taxes, duties and fees
imposed on all buyers.
Notes:
(1) Areas where this is particularly relevant include flight and cruise
advertising.
17
(2) Licensees should also note that television is generally judged by the ITC
to be a business to consumer advertising medium. Advertising quoting
solely VAT exclusive pricing would be considered appropriate only in
exceptional circumstances.
(b) where goods are available on an instalment basis, and the individual
instalment costs are given, a clear indication of the total price of the goods
must be given in a manner that is equally prominent. If the instalment
frequency is other than monthly, this should be made clear to viewers.
Note: In practice this is only likely to be applicable when goods are to be paid
for in three or less instalments. Advertising for schemes offering repayment
schedules relating to more than three instalments is likely to be subject to the
detailed requirements of the Consumer Credit (Advertisements) Regulations
1989.
(c) where the headline cost of goods and services available by mail order or
other distance selling means does not include delivery, the amount to be
charged must be clearly indicated alongside the headline price.
Notes:
(1) Distance selling advertising must not imply that a full refund will be
given when customers have to bear the cost of returning unwanted goods.
(2) Rule 12.2 deals specifically with distance selling.
Use of the Word ‘Free’
6.6 Advertisements must not describe an offer as ‘free’ when there are costs to
consumers other than actual postage, non-premium rate telephone charges,
carriage or incidental travel undertaken to collect the offer. In all cases the extent
of a consumer’s liability for any costs must be clear from the advertising.
Notes:
(1) Costs also include those that are hidden, for instance, the depreciation in quality
of a conditional item. A free offer that is conditional on the purchase of another
item should therefore not be described as free if the price, composition or quality of
the conditionally purchased item has been altered. This would not preclude a free
offer being associated with a relaunched principal product.
(2) Trials can be described as free even if the customer has to pay the costs of
returning the goods, provided this is made clear in the advertising.
18
(3) An indication of liability would include for example the number of tokens that
require collection where this is significant, or the place of redemption of the offer
where this is not otherwise apparent.
Testimonials
6.7 Testimonials or endorsements used in advertising must be genuine and be
supported by satisfactory documentary evidence. Fictitious testimonials must
not be presented as genuine. Any statement in a testimonial that might be
interpreted as a direct or implied factual claim must be substantiated.
Note: It may be necessary, for instance, to indicate that an advertisement features
actors presenting the advertiser’s opinion, or that those giving testimonials are
employees or relatives of employees of the advertiser.
Guarantees
6.8 Advertisements must make clear significant limitations to an advertised
guarantee.
Notes :
(1) This rule applies equally to the term “warranty” and other similar terms.
(2) Nothing in the rule prevents advertising including the word “guarantee” in a
context where there is no risk of its meaning being construed as part of an offer by
the advertiser. For instance “guaranteed to make you laugh”.
Environmental Claims
6.9 Advertisements must not make unsubstantiated claims about environmental
impact.
Note: Best practice on environmental impact claims is contained in ISO 14021 and
DETR Green Claims Code. Licensees should be able to demonstrate that they have
taken steps to satisfy themselves that any departure from this best practice is
justified.
Animal Testing
6.10 Unqualified claims that a product has not been tested on animals are not
acceptable.
19
Notes:
(1) Even though a finished product has not been tested on animals, it is impossible
to prove that none of the materials used in its manufacture have ever been tested in
that way. In all probability, they will have been.
(2) Please bear in mind that some statements about, for example, an advertiser’s
opposition to animal testing may breach rule 5 of the Code (Political and
Controversial Issues) which requires television advertising to be impartial on
matters of political controversy and public policy.
7
FINANCE AND INVESTMENT
Background:
(1)
The Financial Services and Markets Act 2000 (FSMA) unifies much of the
structure of financial regulation in the UK by replacing part or all of previous
legislation and merging existing regulators into the Financial Services
Authority (FSA). The regulation of retail mortgage lending will be an FSA
responsibility from 1 September 2002. Until that date, the relevant rules in
the ITC Code of Advertising Standards and Practice, dated Autumn
1998, will apply.
(2)
The regulation of the provision of some secured and unsecured credit will
continue to be regulated by the Consumer Credit Act 1974 (as amended).
(3)
The FSA also supervises many aspects of the insurance industry but does not
regulate the conduct of business of general insurance intermediaries.
(4)
In this section, unless otherwise stated, the terms “investment”, “financial
promotion”, “authorised person” and “exempt” have the same meanings as in
the FSMA and the Financial Promotion Order 2001 (FPO). Please note that
the definition of a financial promotion is broad and includes, for example,
advertising for deposits and insurance products.
Legal Responsibility
7.1 Advertisements must comply with all legal and regulatory requirements.
Note: Legal advice, or advice from the FSA may be required concerning
compliance with FSMA requirements.
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Non-UK Advertising
7.2 Financial services advertisements which:
(i)
are broadcast on ITC licensed services that are aimed exclusively at
audiences in EU Member States other than the UK and
(ii) are not subject to the financial promotion rules of the FSA
must comply with the rules of the financial regulators in those Member
States.
Misleadingness
Note: The ITC will apply its usual standards to prevent misleadingness and
requires any significant exceptions and qualifications to be made clear. (See rule
6.1.2(c)) Where appropriate, the ITC will seek advice from other regulators when
investigating possible breaches of the rules in section 7.
7.3 Unless advertisements are clearly addressed to a specialist audience and
shown either on specialised financial channels or in breaks within appropriate
financial programming, they must be considered to be addressing non-specialist
audiences.
Note: No specialist knowledge should be required for a clear understanding of
claims or references. For example, exceptions, conditions or expressions which
would be understood by finance specialists should be avoided or explained if they
would be unfamiliar to many viewers.
Direct remittance
7.4 Advertisements for financial services must not invite the direct remittance of
money.
Notes:
(1) It should not be possible to buy “off the screen” without further formality.
There should always be an intermediate stage in which further information is
supplied.
(2) See ITC Code for Text Services for exceptions to the rule for ITC regulated
text services.
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Investment Advertising
7.5.1 Except on specialised financial channels, the following categories of
advertising are not acceptable:
(i)
advertisements for the issue of shares or debentures. Exceptions are
made for advertisements announcing the publication of listing
particulars or a prospectus in connection with an offer of shares or
debentures to be listed on the London Stock Exchange
(ii) advertisements recommending the acquisition or disposal of an
investment in any specific company other than an investment trust
company listed on the London Stock Exchange
7.5.2 Nothing may be advertised as an investment unless it is subject to
regulation under the FSMA.
Note: Any advertising which states or implies that, for example, a collectors’ item
or some other unregulated product or service could have investment potential would
normally be unacceptable. (‘Investment’ is used in its colloquial sense in this rule.)
Financial Promotions
7.6 Subject to 7.5, financial promotions are acceptable if:
(i) they have been approved by an “authorised person” as defined in the
FSMA or
(ii) they are exempt promotions and do not require such approval.
Note: Advertising by an insurance intermediary need not be approved by an
authorised person if it is a generic promotion under the FPO. (This is usually
where the advertising does not identify any particular insurer.) Licensees
may find the Private Customer Code of the General Insurance Standards
Council helpful.
Savings and Deposits
7.7.1 References to interest on savings are subject to the following:
(i)
They must be accurate at the time of transmission and the advertising
must be modified immediately if the rate changes
(ii) Calculations of interest must not be based on significant unstated
factors
22
Note: To avoid a misleading impression it may, for example, be
necessary to refer to factors such as a minimum deposit,
minimum deposit period or minimum period of notice for
withdrawal.
(iii) It must be clear whether the interest is gross or net of tax
(iv) Where the interest rate is variable, this must be stated
(v)
Where the investment returns of savings products are compared (e.g.
the returns on a unit trust being compared to a bank deposit) any
significant differences between the products must be clearly explained
7.7.2 Advertising must comply with the Code of Conduct on the Advertising of
Interest Bearing Accounts which is published jointly by the Building Societies
Association and the British Bankers' Association.
Lending and Credit
7.8 The advertising of mortgages, other lending facilities and credit services is
only acceptable from:
(i) persons and bodies authorised under the FSMA
(ii) central and local government agencies
(iii) persons and bodies licensed under the Consumer Credit Act 1974 (as
amended)
Notes to 7.8:
(1) Advertisements offering credit must comply with the Consumer Credit
(Advertisements) Regulations 1989 (as amended). Where there is doubt about the
applicability or interpretation of these regulations, advice should be sought from the
appropriate Trading Standards Department.
(2) From 1 September 2002, some mortgage advertising will fall under the FSMA.
Such advertising must be issued or approved by an authorised person or be exempt.
(3) Licensees should note the Guidance for Debt Management Companies
published by the Director General of Fair Trading in late 2001.
23
Financial Publications
7.9 Advertisements for publications (whether electronic or on paper) must make
no recommendations on specific investments.
8
MEDICINES, TREATMENTS, HEALTH CLAIMS AND NUTRITION
Introduction
Medicines and other treatments require great care in their advertising, and health
claims for any type product require very close scrutiny. Whenever a proper
assessment of an advertisement can be made only by a medically qualified expert,
licensees must seek appropriate independent medical advice before acceptance. This
includes claims relating to the nutritional, therapeutic or prophylactic effects of a
product, including food, toiletries and cosmetics
Medical Advisory Panel
The Commission retains a panel of eminent consultants, appointed after consultation
with the leading medical professional bodies, to advise it on health and medical
aspects of advertising. Licensees may contact the ITC to make their own
arrangements to consult members of this panel when they need medical advice with
regard to the acceptance of advertising. Licensees who use the services of the
Broadcast Advertising Clearance Centre should do this via BACC. Arrangements
exist for the Commission to seek a further medical opinion in cases where it is
necessary to investigate a significant challenge to an advertisement that has been
accepted by a licensee on the advice of a member of the Commission's medical
panel.
8.1 General
Impressions of Professional Advice and Support
8.1.1 The following are not acceptable in advertisements for any product or
treatment within the remit of Section 8:
(a) presentations of doctors, dentists, veterinary surgeons, pharmaceutical
chemists, nurses, midwives etc, which give the impression of professional advice
or recommendations;
(b) statements giving the impression of professional advice or recommendation
by persons who appear in the advertisements and who are presented, whether
directly or by implication, as being qualified to give such advice or
recommendation.
24
Note: To avoid misunderstanding about the status of the presenter, it may be
necessary to establish positively in the course of an advertisement that the presenter
is not a professionally qualified person.
(c) references to approval of, or preference for, any relevant product or its
ingredients or their use by the professions referred to in (a) above.
Medical or Health Advice Given Remotely
8.1.2 (a) Licensees may only accept advertising for services offering remote
personalised advice on medical or health matters where all staff who provide
such advice are subject to regulation by a statutory or recognised medical or
health professional body.
(b) Services that offer to prescribe or treat remotely may not be
advertised.
Notes to 8.1.2:
(1) ‘Remotely’ includes for example, telephone, post, internet/email and fax.
(2) Nothing in this rule precludes advertising containing offers of general
information on health related matters.
(3) The ITC maintains a list of the statutory and professional bodies covered by this
rule and will consider proposals for amendments or additions to the list as
appropriate.
Encouragement of Excess
8.1.3 No advertisement may directly or indirectly encourage indiscriminate,
unnecessary or excessive use of products within the remit of Section 8.
Tonic
8.1.4 Unless authorised by its product licence, the word ‘tonic’ is not acceptable
in advertisements for products making health claims.
8.2.
Medicinal Products and Other Treatments
Notes:
(1) With the introduction of new or changed products, the diverse licensing
requirements of the Medicines Act 1968 and changes in medical opinion on
particular issues, this Code cannot provide a complete conspectus of required
25
standards in relation to health claims or to the advertising of particular products or
classes of medicines and treatments. The general principles governing the
advertising of medicines, treatments and health claims are set out below. These
also apply, where relevant, to veterinary products and services.
(2) EC Council Directive 92/28/EEC
The Directive concerns ‘The Advertising of Medicinal Products for Human Use’
and has been implemented in the UK by The Medicines (Advertising) Regulations
1994 and The Medicines (Monitoring of Advertising) Regulations 1994. The latter
regulations require the Independent Television Commission to enforce certain
requirements relating to television advertising and these have been incorporated into
the rules below.
(3) Medicines Act 1968
Advertisements for products subject to licensing under the Medicines Act 1968
must comply with the requirements of the Act, Regulations made under it and any
conditions contained in the current marketing authorisation.
Prescription Only Medicines (POMs)
8.2.1 Advertisements for medicinal products or treatments available only on
prescription are not acceptable.
Products Without a Marketing Authorisation
8.2.2 Advertisements for products that do not hold a marketing authorisation
under the Medicines Act 1968 must not include medicinal claims.
Mandatory Information
8.2.3 Advertisements for medicinal products must include the following
information:
(a) the name of the product;
(b) the name of the active ingredient, if it contains only one;
(c) the indication (i.e. what the product is for)
(d) wording such as ‘always read the label’ or ‘always read the leaflet’ as
appropriate.
Unacceptable References
8.2.4 Advertisements must not refer to the fact that medicinal product has been
granted a marketing authorisation or contain any reference to the European
Commission or the Medicines Control Agency (MCA) unless the MCA requires
such a reference.
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Homeopathic Medicinal Products
8.2.5 Advertisements for homeopathic medicinal products are only acceptable
for products registered in the UK. Information included in an advertisement is
confined to that which is allowed to appear on product labelling and may not,
therefore, include medicinal or therapeutic claims or refer to a particular
ailment.
Note: This rule incorporates the requirements of EC Directive 92/73/EEC on
Homeopathic Medicinal Products.
Medicines and Children
8.2.6 No advertisement for a medicinal product or treatment may be directed at
people under the age of 16.
Note: See also Section 10 for additional rules about advertising for products or
services likely to interest children and Section 4 of the ITC Rules on the Amount
and Scheduling of Advertising for details of scheduling restrictions.
Conditions Requiring Medical Attention
8.2.7 No advertisement may give the impression that a medical consultation or
surgical operation is unnecessary in relation to conditions for which qualified
medical attention or advice should be sought, either instead of self-treatment or
prior to it.
Note: This does not preclude advertisements for spectacles and contact lenses.
Guarantee of Efficacy
8.2.8 No advertisement for a medicinal product may include a claim, implied or
otherwise, that the effects of the product are guaranteed
Side Effects
8.2.9 No advertisement for a medicinal product may suggest that the effects of
taking the product are unaccompanied by side effects.
Note: It is acceptable to refer to the likely absence of a specific side effect e.g.
‘unlikely to cause drowsiness’.
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Comparisons
8.2.10 No advertisement for a medicinal product may suggest that the effects of
taking the product are better than, or equivalent to, those of another identified or
identifiable medicinal product or treatment.
Appeals to Fear or Exploitation of Credulity
8.2.11 (a) No advertisement may cause those who see it unwarranted anxiety lest
they are suffering or may suffer (if they do not respond to the advertiser’s offer)
from any disease or condition of ill-health.
(b) No advertisement may falsely suggest that any product is necessary for
the maintenance of health or the retention of physical or mental capacities,
whether by people in general or by particular groups or that health could be
affected by not taking the product.
Unacceptable Descriptions
8.2.12 No advertisement may contain anything to suggest that a medicinal
product is a foodstuff, cosmetic or other consumer product.
‘Natural’ Products
8.2.13 No advertisement for a medicinal product may suggest that the safety or
efficacy of the medicinal product is due to the fact that it is ‘natural’.
Self Diagnosis
8.2.14 No advertisement for a medicinal product may contain any material that
could, by description or detailed representation of a case history, lead to
erroneous self-diagnosis.
Claims of Recovery
8.2.15 No advertisement for a medicinal product may refer to claims of recovery
in improper, alarming or misleading terms.
Pictorial Representations
8.2.16 No advertisement for a medicinal product may use pictorial
representations of changes in the human body, caused by disease, injury, or the
action of a medicinal product, in an improper, alarming or misleading way.
28
Cure
8.2.17 Unless otherwise allowed by its marketing authorisation, words, phrases
or illustrations that claim or imply the cure of any ailment, illness, disease or
addiction, as distinct from the relief of its symptoms, are unacceptable.
Analgesics
8.2.18 A ‘tension headache’ is a recognised medical condition and analgesics
may be advertised for the relief of pain associated with this condition. However
no simple or compound analgesic may be advertised for the direct relief of
tension. In such advertisements there must be no references to depression.
Smoking Deterrents
8.2.19 (a) Advertisements for smoking deterrents must make clear that:
(i)
(ii)
the indispensable factor in giving up smoking is willpower;
products are offered as no more than an aid to cessation of the
habit;
(b) Such advertisements must not claim that smoking is made safer whilst
the habit is being reduced.
Note: All advertisements for smoking deterrents must be approved by the ITC’s
Medical Advisory Panel who will not extend clearance to products that do not
appear to offer genuine assistance to giving up smoking.
Celebrity Testimonials and Presentations
8.2.20 No advertisement for a medicinal product or treatment may include a
testimonial by a person well-known in public life, sport, entertainment, etc, or be
presented by such a person
8.3
Food and Dietary Supplements
Notes:
(1) The following sections must be read in conjunction with the detailed legislative
provisions governing this area, in particular the Food Labelling Regulations 1996
and especially the prohibited and restricted claims set out in Schedule 6. They are
not intended to supersede or take priority over that framework; they outline the areas
that the ITC expects licensees to take into account, in addition, when approving
advertising for any food or dietary supplements.
29
(2) Public health policy places increasing emphasis on good dietary behaviour as a
means for preventing illness and promoting health. Competitive product advertising
cannot reasonably be expected to perform the same role as education and public
information in promoting a varied and balanced diet. At the same time it is
important that such advertising should not undermine progress towards national
dietary improvement by misleading or confusing consumers or by setting bad
examples, particularly to children. The following rules apply to all advertising for
foods and food products and, in the case of advertising addressed to children, are to
be interpreted in connection with the rules in Section 10 (Children and Younger
Teenagers)
Accuracy in food advertising
8.3.1 To avoid broadcasting a misleading advertisement, licensees must ensure
that specific nutrition claims (e.g. ‘full of the goodness of vitamin C’) or health
claims (e.g. ‘aids a healthy digestion’) are supported by sound scientific evidence.
Advertising must not give a misleading impression of the nutritional or health
benefits of the food as a whole.
Notes:
(1) More generalised claims or descriptions which imply nutritional or health
benefits without stating the basis for them explicitly in the advertising are
acceptable only if there is in fact a scientific basis for them which is similarly
supported by sound scientific evidence. Such claim will, where relevant be
assessed by reference to the concept of a balanced diet.
(2) Licensees should be aware that MAFF/FSA Guidelines exist giving best
practice advice for making nutritional claims, e.g. MAFF Guidelines for the Use of
Certain Nutrition Claims in Food Labelling and Advertising (issued November
1999). These include a recommendation to avoid “% fat free” claims.
(3) Licensees may in addition find reference to the Joint Health Claims Initiative
Code of Practice useful when considering claims of this type.
Excessive Consumption
8.3.2 Advertisements must not encourage or condone excessive consumption of
any food.
30
Note: Interpretation of this rule should be by reference to current generally accepted
nutritional advice. It would clearly not be inconsistent with shots of someone
enjoying a chocolate bar; it would, however, preclude someone going on to open a
second or a third or consuming a whole box of chocolates in one sitting. In some
cases advertisements depicting purchase rather than consumption could breach this
rule. References to supermarket multipacks would be acceptable, however, filling a
supermarket trolley with very large quantities of confectionery would not unless it
was clearly established that the purchase was not for individual use.
Comparisons and Good Dietary Practice
8.3.3 Advertisements must not disparage good dietary practice and any
comparisons between foods must not discourage selection of foods such as fresh
fruit and vegetables which current generally accepted dietary opinion
recommends should form a greater part of average diet.
Oral Health
8.3.4 Advertisements, particularly those addressed to children, must pay regard
to considerations of oral health.
Note: For instance, advertisements should not encourage frequent consumption
throughout the day (particularly of potentially cariogenic products such as those
containing sugar) or depict situations where it could be reasonably assumed that
teeth are unlikely to be cleaned overnight after consumption e.g. eating in bed after
retiring for the night or children’s midnight feasts.
Dietary Supplements
8.3.5(a) To avoid broadcasting a misleading advertisement, licensees must
ensure that there is no suggestion that it is necessary or therapeutic for people in
general to augment their diet or that such supplements can enhance normal good
physical or mental condition.
(b) In addition, only certain groups of people may benefit from particular
vitamin or mineral supplements. Such groups might include people on restricted
dietary regimens or those eating unsupplemented, low-energy diets, women of
child-bearing age (particularly if they are planning to have a baby, are pregnant
or lactating), growing children and some individuals over 50. Advertisements
must clearly establish which groups are likely to benefit from a particular form
of supplementation.
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8.4
SLIMMING REGIMES & OTHER WEIGHT CONTROL PRODUCTS
Requirement for medical advice
8.4.1 Licensees must obtain suitably qualified independent medical advice on the
safety and efficacy of the product or service offered. This independent advice
must take into account:
(a) whether or not there is reputable scientific evidence for any claims;
(b) whether or not clinics and other establishments offering medically
supervised treatment are run in accordance with General Medical Council
guidelines.
Note: Products and services to which this rule applies include slimming aids of any
kind (including exercise products that make weight-loss or slimming claims), clinics
and other establishments, diets, medicines etc.
Predictions of weight loss
8.4.2 Advertisements must not make any promises or predictions of specific
weight loss for products or services in this category. If an advertisement makes
reference to specific amounts of weight that have been lost by individuals it must
also state the period over which that loss was achieved. The rate and amount of
weight loss must be compatible with accepted good medical and dietary practice
and must not be unrepresentative of the capabilities of the advertised product or
service.
Under 18s
8.4.3 Advertisements for products or services in this category must not:
(i) be addressed to people under 18;
(ii) use creative treatments likely to be of particular appeal to people under
18;
(iii) feature any personality who has a particular appeal to those under 18,
or whose example they are likely to follow.
Note: Please refer to Section 10 for additional rules about advertising for products
or services likely to be of interest to children and to Section 4 of the ITC Rules on
the Amount and Scheduling of Advertising for details of scheduling restrictions.
(The latter, however, do not apply to advertisements for calorie/energy-reduced
foods and drinks, provided they are not presented as, or as part of, slimming regimes
and provided the advertisements do not use the theme of slimming or weight
control.)
32
Low-calorie foodstuffs
8.4.4 Advertisements for low-calorie foods and drinks if presented as, or as part
of, slimming regimes, or if using a slimming or weight control theme, must make
it clear that the product only assists weight loss as part of a calorie/energy
controlled diet.
Obese
Note: Obese, for the purposes of this rule, means a Body Mass Index of 30 or
above.
8.4.5 Advertisements for products and services in this category, other than those
for clinics and other establishments offering treatment under medical
supervision, must not be directed at the obese or use testimonials or case histories
referring to subjects who were or appeared to be obese before using the product
or service advertised.
Underweight
Note: Underweight, for the purposes of this rule, means a Body Mass Index of
below 20.
8.4.6 Advertisements for products and services in this category must not suggest
or imply that to be underweight is acceptable or desirable. Where testimonials
or case histories are used they must not refer to subjects who are or appear to be
underweight.
33
Notes:
(1) Licensees should also be aware that The Foods Intended for Use in Energy
Restricted Diets for Weight Reduction Regulations 1997 may apply to some
products. Where products do fall within the remit of the regulations, a number of
provisions apply including:
(i) such foods may not be offered under any name other than
- ‘total diet replacement for weight control’
- ‘meal replacement for weight control’,
(ii) advertisements for such foods may not refer to the rate or amount of
weight loss that may result from the use of the product, or to a reduction in the
sense of hunger or an increase in the sense of satiety.
(2) Advertisements for Very Low Calorie Diets, those where daily kilo-calorie
intake falls below 800, must also comply with the following conditions:
(i) They must advise users to ‘consult your doctor’ before embarking on the
diet
(ii) They must position the diet as a short-term measure only
(iii)They must not use testimonials or specific case histories
(3) In addition, licensees must seek independent medical advice on whether the
proposed advertisement complies with the recommendations of the Government
COMA Report No. 31, The Use of Very Low Calorie Diets.
9
HARM AND OFFENCE
Introduction:
(1) The rules in this chapter and in Section 10.3 (Harm and Distress to the Young)
are intended to prevent advertising leading to harm. They are also intended to
prevent advertising causing serious distress, disgust or insult to viewers generally or
to members of particular groups in society.
The ITC will not, however, intervene where advertising is simply criticised for not
being in good taste unless the material contravenes prevailing community standards.
Apart from free speech considerations, there are often large and sometimes
contradictory differences in views about what constitutes “bad taste” or what should
be deplored. Nevertheless, licensees may wish to make judgements about matters of
taste in order to cater for their particular audiences.
(2) The use of humour may reduce the risk of offence in borderline cases. But
where there is a significant risk of distress, disgust or insult, the use of humour will
rarely reduce the negative impact. Nor will it usually reduce any likelihood of
harmful influence, particularly on children.
(3) There are additional rules about health, safety and social harm which apply to
34
all advertising but which are focussed on some particular category of product or
service (such as Cars & Driving, Alcohol, Medicines, Food and Lotteries, Pools &
Bingo). These are to be found in the special Code sections for those categories.
Community Standards
9.1
Advertisements must not cause serious or widespread offence against
generally accepted moral, social or cultural standards.
Notes:
(1) Offence can arise in many different ways and no list can be exhaustive.
However, society has shared interests and rules of behaviour in areas such as:
(i)
the portrayal of death, injury, violence, cruelty or misfortune
(ii)
respect for the interests, dignity and standards of minorities
(iii)
respect for religious faith, ceremonies, sacred images, artefacts etc
(iv)
the use of offensive language. (“Delete Expletives?”, a research
report about attitudes to swearing and offensive language, is available
from the ITC Information Office.)
(2) Provided advertising does not offend against standards which are considered
fundamental, more risqué material may be acceptable if it is carefully scheduled in
programmes containing comparable material.
9. 2
Violence and Cruelty
9.2.1 Advertisements must not encourage or condone violence or cruelty
9.2.2 Gratuitous portrayals of cruel or irresponsible treatment of people or
animals are not acceptable
Notes to 9.2:
(1) Careful judgements are needed in this area. “Theatrical” violence (for example,
the mayhem common in action/adventure films) is generally acceptable, as is
violence which has a stylised “cartoon” or slapstick quality. Problems are more
likely to arise where the violence seems to take place in everyday life and to involve
ordinary people. Care should, however, be taken to avoid giving young viewers the
impression that copying wrestling, martial arts etc would be safe, harmless fun.
(2) Care should be taken that advertisements do not appear to condone people using
violence or aggression to get their own way in real life.
35
(3) Scenes which would otherwise be unacceptable may be appropriate where there
are mitigating circumstances, e.g. in charity advertising or newsreel footage in
advertisements for news media.
(4) Jokes about violence or cruelty are not usually acceptable unless they are clearly
distanced from real life by being, for example, in cartoon form.
(5) Timing restrictions are necessary for advertising featuring violence. See 10.3.6
(Distress) and Section 10.4 (Scheduling) below.
Use of Animals in Filming
9.3 Licensees must not show any advertisement featuring animals without
satisfactory evidence that no animal was killed or caused pain or distress for the
purpose of making it.
Note: A vet or other qualified person should care for animals and should be able to
attest to their well-being during the making of commercials. Please note the RSPCA’s
Guidelines for the Use of Animals in Advertising.
Personal Distress
9.4 Advertisements must not, without good reason, contain material which is likely
to cause serious personal distress to significant numbers of viewers.
Notes:
(1) Care should be taken that any appeal to fear is justified and proportionate. A mild
frisson might be acceptable in demonstrating, for example, the risks in not buying life
insurance. More disturbing material is more likely to be acceptable in road safety
advertising. See also 8.2.11 (re Medicines etc) and 11.15 (re Doctrinal Advertising).
(2) Scenarios which might be distressing reminders of tragic personal experiences for
significant numbers of viewers should be carefully judged. For example, at any given
time, many viewers will be recently bereaved.
Protection of Privacy and Exploitation of the Individual
9.5 With limited exceptions, living people must not be portrayed, caricatured or
referred to in advertisements without their permission.
36
Note: Exceptions are made only for:
i) advertisements for specific publications (books, films or specific editions of radio or
television programmes, newspapers, magazines etc) which feature the person referred
to in the advertisement. This is provided the reference or portrayal is neither offensive
nor defamatory.
ii) generic advertising for news media. Licensees may waive the requirement for
prior permission if it would be reasonable to expect that the individuals concerned
would not object. If they do object, however, such generic advertising must be
suspended immediately pending resolution of the complaint.
iii) advertisements where the appearance is brief and incidental, for example in a
crowd scene.
Harmful or Negative Stereotypes
9.6 Advertisements must not prejudice respect for human dignity or humiliate,
stigmatise or undermine the standing of identifiable groups of people.
Notes:
(1) The ITC recognises that the use of stereotypes is an inevitable part of establishing
characters within the brief span of a TV commercial. Nevertheless, some stereotypes
can be harmful or deeply insulting to the groups in question and care is needed that
they do not condone or feed prejudice or perpetuate damaging misconceptions. The
ITC would not, however, rule against the use of stereotypes which, though
objectionable to some people, seem generally acceptable to most members of the
group in question as well as to the broader public.
(2) Mild comments or humour about many characteristics can be harmless and
acceptable but sensitivity is always needed. Acceptability may depend on whether
or not the characteristic is one which is a matter of personal choice and whether it is
of relatively minor significance. (For example, hairstyles or hobbies lie at the
“safer” end of the spectrum whilst characteristics such as disability, foreign or
regional accent, nationality or skin colour are at the “sensitive” end. Even gentle
humour involving the latter characteristics has significant potential for offence or
distress. Children particularly may suffer these consequences even if the
advertising features only adults.)
(3) Anything which could encourage or condone the idea that some serious negative
characteristic is associated with a particular group should be avoided.
(4) Particular sensitivity is required where the group in question is generally
recognised to encounter prejudice. The kind of humorous portrayal or reference which
may be acceptable in other contexts can seem patronising or demeaning in this one.
37
(5) Care is needed with stereotypes of children to avoid the risk of taunting or
bullying. Children who are “different” physically or in appearance, behaviour,
ability or background should not be presented as unpopular or unsuccessful. Nor
should they be presented as non-users of a product or service or unworthy of it.
(6) Experience has shown that well-meaning attempts by commercial advertisers to
counter prejudice about, for example, race or disability can sometimes backfire.
The ITC recommends that appropriate guidance is sought.
(7) Further background about public attitudes to stereotyping is available in the ITC
research report “Boxed In” which can be obtained from the ITC’s Information
Office or website.
Health and Safety
9.7 Advertisements must not encourage or condone behaviour prejudicial to health
and safety nor use techniques that may directly harm viewers
Notes:
(1) This does not prevent responsible advertising for products and services which, used
to excess or abused, could endanger health or safety.
(2) The use of proper safety equipment or working practices should not be mocked or
discouraged.
(3) Tools, hazardous substances etc should be shown being used and stored in
accordance with their manufacturers’ instructions, relevant law and safety
regulations.
(4) Where appropriate, licensees should seek appropriate “best practice” advice
relating to hazardous activities. Relevant sources might be the codes of statutory
bodies, statements of established public policy or published guidance from
recognised independent safety organisations.
(5) Photo-Sensitive Epilepsy: See Appendix 3 for guidance on flashing images and
irregular patterns.
Protection of the Environment
9.8 Advertisements must not encourage or condone behaviour prejudicial to the
environment.
38
Notes:
(1) This does not prevent responsible advertising for products or services which may
have adverse environmental impact in normal use or in their manufacturing
processes.
(2) See also 6.9 (Environmental claims).
Sound Levels in Advertisements
9.9 Advertisements must not be excessively noisy or strident. Studio transmission
power must not be increased from normal levels during advertising breaks.
Note: The ITC can offer guidance on noise levels in advertising.
10
CHILDREN AND YOUNG TEENAGERS
Introduction:
(1) The ITC regards people of 15 and under as children. It should, however, be
borne in mind that other young viewers can also be susceptible to messages
which, for example, might lead to harmful or dangerous emulation. Some of the
rules below are therefore intended to prevent harmful influences on younger
teenagers.
(2) “Emulation, Fears and Understanding” is a 1998 independent review of the
research literature on the potential for television advertising to distress or harm
children and on children’s ability to understand the commercial objectives of
advertising at different developmental stages. It can be obtained from the ITC’s
Information Office or website.
10.1
MISLEADINGNESS AND CHILDREN
Children’s Inexperience
10.1.1 Advertising must not take advantage of children’s inexperience or their
natural credulity and sense of loyalty
Notes:
(1) The rules in this section should be read in conjunction with the rules on
misleadingness in the main Code.
39
(2) Children often buy products whose advertising may be aimed wholly or partly at
an older audience (for example, snacks, computer games etc). For the purposes
of this Code, the term “product of interest to children” describes this wider
category of products or services whilst “children’s product” is used to describe
those aimed specifically at children.
Unrealistic Expectations
10.1.2 Advertisements for products of interest to children must take account of
the level of experience of those in the relevant age groups so as to avoid arousing
unrealistic expectations.
Notes:
(1) Children's ability to distinguish between straightforward product demonstrations
and imaginative scenes varies with age and the two elements should always be
clearly distinguishable to the relevant age group. (“Imaginative scenes” include,
for example, fantasy sequences and shots of the real-life counterparts of toys
such as dolls or model trains.)
(2) Children under about four should be regarded as having little ability to
distinguish between imaginative scenes and reality. Those over about 12 may
be regarded as generally having adult skills in this area.
(3) Slogans and comments which adults will recognise as exaggeration or irony may
be taken more literally by children. Care is therefore needed.
(4) Quick cuts, unusual camera angles etc may confuse very young children.
(5) Where accessories to a children’s product cost a significant amount, there should
be no suggestion that they are essential for the enjoyment of the basic product.
Product Characteristics
10.1.3 If advertising for products of interest to children shows or refers to
characteristics which might influence a child’s choice, those characteristics must
be easy for children of the appropriate age to judge.
Notes:
(1) Care should be taken to avoid verbal or visual ambiguity which could mislead
children.
(2) Backgrounds, sets and special effects should not be used in ways which might
40
suggest a product includes more, or does more than is the case.
(3) If a child might reasonably expect particular parts or accessories to be included
with a product but they are only available separately, this should be made clear.
If essential extras are not included, this should be made clear (e.g. “Batteries not
included”). Care is needed to avoid the impression that promotional items are
supplied with a purchase if that is not the case.
(4) The rule also applies to free promotional items and premium items. Where
proofs of purchase are necessary, advertising should explain the number and
type required.
(5) The chances of winning a prize, and the value of it, should be presented in a way
which a child of the relevant age would understand. Licensees should examine
the rules of competitions etc to ensure they are presented fairly in advertising.
(6) Demonstrations of toys etc should accurately reflect what a child would
experience using them. In particular, it should be made clear whether they can
move independently or must be hand operated. Where construction or kit toys
are of interest only to children over about seven years, however, it is acceptable
to show the toys apparently assembling themselves without human help so long
as there is no ambiguity about what the product can really do. (It may therefore
also be necessary to show how the product is really put together.)
(7) Where the size of toys etc may be a relevant factor, the actual size should be
made easy to judge. This may be best done by showing them in relation to some
familiar object of unambiguous size. The comparison should not be distorted
by, for example, perspective.
(8) The speed of toy cars etc should not be exaggerated by, for example, the use of
extreme close-ups.
Expensive Toys
10.1.4 Except in the case of services carrying advertising directed exclusively at
non-UK audiences, advertisements for expensive toys, games and comparable
children’s products must include an indication of their price.
Notes:
(1) For this purpose, a product will not be regarded as “expensive” if it, plus any
essential accessories, are reasonably widely available at a retail price below a
figure specified by the ITC. (At January 2002, the figure was £25 but is subject
to change.)
41
(2) Where a range of products is featured in an advertisement, only the most
expensive item need be priced.
(3) Where it is impossible to show a precise cost, because retail prices are likely to
vary significantly, an approximation is acceptable so long as it is presented as
simply indicative. For example, “Around £x” or “Costs between £y and £z”.
Prices
10.1.5 Where advertising for a children’s product contains a price, the cost must
not be minimised by the use of words such as 'only' or 'just'.
10.2
PRESSURE TO PURCHASE
Direct Exhortation
10.2.1 Advertisements must not directly advise or ask children to buy or to ask
their parents or others to make enquiries or purchases.
Unfair Pressure
10.2.2 Advertisements must not imply that children will be inferior to others,
disloyal or will have let someone down, if they or their family do not use a
particular product or service.
Children as Presenters
10.2.3 Children in advertisements must not comment on product or service
characteristics in which other children their age would not usually be interested.
Direct Response
10.2.4 Advertisements which offer to sell products or services by mail, telephone, email or internet should not be aimed at children.
10.3
HARM AND DISTRESS TO THE YOUNG
Mental Harm
10.3.1 Advertisements must not contain material which could lead to social,
moral or psychological harm to children or younger teenagers.
Note:
Negative or antisocial attitudes reflected in commercials may endorse similar
attitudes amongst children and young teenagers. For example, advertisements
42
should not:
(i)
(ii)
(iii)
(iv)
present criminal activities in a way which is likely to condone
comparable behaviour in real life
disparage education, high personal standards or caring qualities
appear to condone boorish, greedy or anti-social behaviour
present aggression as admirable or suggest it is an acceptable means
of getting one’s own way in real life
Physical Harm
10.3.2 Advertisements must not contain material which could lead to physical
harm to children or younger teenagers.
Notes: This guidance indicates particular areas of risk but is not exhaustive.
(1) Harmful emulation: Advertisements can sometimes lead to harmful emulation
of dangerous or anti-social behaviour by children and teenagers. Experience and
research has indicated that the following can be contributory factors:
(i)
behaviour which is easy to copy (i.e. without special preparations or
equipment)
(ii)
behaviour which is realistic rather than fantasy
(iii) the instigator is the “hero”
(iv) wicked or forbidden things
(v)
the instigator ‘gets away with it’
(vi) intrigue and challenge
(vii) a simple and easily understood scenario or story
(viii) live action rather than cartoon
(ix) the involvement of a well-known character or role model
(x)
the product appeals to the relevant age group
Highly appealing advertising (with humour, visual impact, music, action etc) is
likely to be most influential but experience has also shown that even advertisements
with no obvious youth appeal can trigger emulation if the action itself is particularly
intriguing. It should be borne in mind that examples set by adults may also
encourage or condone dangerous or anti-social behaviour. Care should be taken
that dangerous behaviour will not be seen as a challenge or dare by children and
younger teenagers.
Judgements should balance the realistic risk of the behaviour (or of similar actions)
being encouraged against how serious the consequences could be if there was
emulation. Clearly, the less serious the potential consequences, the more leeway is
available.
43
“Copycat Kids?”, a report on research into emulation risks, is available from the
ITC Information Office or website.
(2) Safety: Advertisements should not discourage children or young teenagers from
following established good safety practice and should not appear to condone
potentially dangerous behaviour. It should be borne in mind that bad examples may
be set by adults as well as by children.
The advice of relevant safety organisations should be sought where there could be any
doubt.
Particular care should be taken with:
(i)
road safety. Children should be seen to behave sensibly and in accordance
with the Highway Code, whether as pedestrians, cyclists or passengers
(ii)
domestic situations (where most accidents happen).
(iii) medicines, disinfectants, antiseptics and caustic or poisonous substances
(iv) fire and matches
(v)
playing in or near water
(vi) digging “caves” in sand dunes etc. Children have died when tunnels have
collapsed
(vii) adventure games
(viii) machinery. Children should not, for example, be shown playing with
potentially dangerous equipment
(ix) clubs. Licensees should obtain satisfactory evidence that clubs promoted in
advertising are responsibly supervised.
Bullying
10.3.3 Advertisements must not encourage or condone bullying.
Notes:
(1) Advertisements should not show scenes of bullying, taunting or teasing, or of
children being ostracised or criticised behind their backs.
(2) Care is needed with stereotypes of children to avoid the risk of bullying.
Children who are “different” physically or in behaviour, ability or background
should not be presented as unpopular or unsuccessful. Nor should they be
presented as non-users of a product or service or unworthy of it.
Vulnerability
10.3.4 Advertisements must neither encourage children to go off alone or with
strangers nor show them doing so.
44
Note: Care should be taken that advertising for collecting schemes etc does not
encourage children to go off unaccompanied to find items.
Sexuality
10.3.5 Advertisements must not portray children in a sexually provocative manner.
Note: Scenes in which children appear partly or fully naked require particular care.
Distress
10.3.6 Advertisements must not cause distress to significant numbers of younger
children.
Notes:
(1) Distress may be caused, particularly to younger children, by frightening material,
extreme appeals to emotional sympathy etc.
Experience has shown that very young children, up to around 4 years, can be
frightened and upset if their feelings of security and familiarity are undermined
by, for example, the use of “morphing” (computer effects) to distort real human
faces grotesquely. Young children often sit close to the screen and this can
greatly magnify the impact of disturbing material.
Some children up to about 10 may also be distressed by, for example, aggression
or inter-personal violence which seems “real”.
(2) Advertisements likely to distress children will require timing restrictions whether
or not the campaign is intended for a young audience. (See Section 10.4)
Use of Scheduling Restrictions
10.4 Advertisements which might harm or distress children of particular ages or
which are otherwise unsuitable for them must be subject to appropriate
restrictions on times of transmission.
Notes:
(1) This rule develops 4.2.3 in ITC Rules on the Amount and Scheduling of
Advertising and more detail can be found there.
(2) The following table is for guidance only. It indicates timing restrictions which
are, in typical circumstances, likely to be regarded by the ITC as an appropriate
45
solution if it judges an advertisement to have breached a Code rule designed to
protect young viewers. The ITC will, however, be open to argument that a different
solution was appropriate in particular circumstances. For example, an advertisement
which could frighten young children might well be acceptable in the centre break of a
frightening programme even if it was shown relatively early in the evening.
The ITC distinguishes between two uses of timing restrictions. On the one hand is
advertising which is, potentially, either a harmful influence on young people or
seriously distressing to children, particularly younger ones. Such cases arise
infrequently but do require a timing restriction which will be effective in minimising
the chances of those in the relevant age group seeing it.
On the other hand, and more common, is advertising which is relatively harmless but
which would be considered by many parents to be inappropriate in the early or
middle evening (for example, because of some kinds of drug reference or because of
nudity). This requires much less stringent restriction.
Excluding advertising from breaks in or around children’s programmes, or from
children’s channels, is often called an “Ex Kids” restriction. Its only effective use is
to ensure that such breaks do not contain material which would be inappropriate for
the youngest children (up to about four years old) when viewing alone. Even mildly
sexual or aggressive content should be excluded, as should any material which could
frighten or distress young children.
Ex Kids is of no use where advertising might be harmful or distressing to children
over about four because they generally watch TV at many other times.
Programme schedules are published whereas advertisements appear unpredictably.
Even conscientious parents, therefore, cannot in practice control their children’s
viewing of advertising. Where an advertisement could cause direct harm or serious
distress to children over about eight, a 9pm watershed restriction is unlikely to be
sufficient.
There are occasional cases where no scheduling restriction is sufficient because none
will normally be effective if the concern is about a significant risk of harm to those
over about 12. In those exceptional circumstances, the advertising should not appear
at all.
46
The Use of Timing Restrictions
Age
Material
for under 4 yrs:
Inappropriate 1 Ex Kids 4
Distressing 2
Ex Kids
3
Harmful
Ex Kids
for 5-8 yrs:
Inappropriate
Distressing
Harmful
Ex Kids
Post 7.30pm
Post 9pm
for 9-12 yrs:
Inappropriate
Distressing
Harmful
Post 7.30pm
Post 9pm
Later
timing
necessary
Harmful
Timing restrictions insufficient:
advertisement not acceptable
for young teens:
1.
“Inappropriate”:
2.
“Distressing ”:
3.
“Harmful”:
4.
“Ex Kids”
Appropriate
Restriction
restriction
Material which, though relatively harmless, would nevertheless
be thought inappropriate for the age group (e.g. certain drug
references.)
e.g. fear, images of suffering people or animals or material
which might undermine the sense of security of the age group
Dangerous behaviour, or aggressive or anti-social behaviour or
attitudes, which might be endorsed or which might be copied
by the age group. This applies only where there is a significant
risk of serious consequences.
The timing restriction which excludes advertising from breaks
in or around children’s programmes, or from children’s
channels
Note: Specific Scheduling Restrictions
See the ITC’s Rules on the Amount and Scheduling of Advertising for mandatory
scheduling restrictions which relate to young viewers and which apply to all
advertising in the following categories:
(a) alcoholic drinks and liqueur chocolates
(b) condoms
(c) lotteries, pools or bingo
(d) matches
(e) medicines, vitamins or other dietary supplements and including:
47
(i)
advertising in any category in which children are shown having any of
these products administered to them
(ii)
advertising for products which cannot easily be distinguished from a
medicine or where the advertising itself could cause such confusion
(f) merchandise based on children's programmes
(g) personalities or other characters (including puppets etc) who appear regularly in a
current or recent children's programme on any UK television channel. Restrictions
apply where such characters present or endorse products or services of particular
interest to children. (The restrictions do not apply to public service advertisements
or to characters specially created for advertisements)
(h) religion, faith or systems of belief
(i) sanitary protection etc
(j) slimming products, treatments or clinics
(k) 15 and 18 rated films and videos
11
RELIGION, FAITH AND SYSTEMS OF BELIEF
Background:
(1) The ITC is concerned that the power of television advertising should not be used
in ways which could have damaging consequences. The rules in this section seek a
balance between freedom of speech and other, competing social concerns and
objectives. They aim:
(i)
to reduce the risk of damage to the inter-group relations that are
essential to a successful pluralist society
(ii)
to protect the young and to safeguard the right of parents to take
responsibility for their children’s moral and philosophical education
without undue interference
(iii)
to protect viewers who are vulnerable for personal reasons, such as
sickness or bereavement
(iv)
to deny the persuasive power and emotional impact of television
advertising to potentially harmful or coercive groups
(2) Neither the ITC nor its licensees would be entitled to assess the acceptability of
particular organisations by making subjective judgements about their values. The
criteria for the acceptability of advertisers are, therefore, objective tests and
acceptance or disqualification of an organisation is not an indication of approval or
disapproval of the organisation or its objectives or activities.
(3) Licensees should supplement information provided by prospective advertisers with
48
any enquiries of their own which are necessary to ensure compliance with these
rules.
(4) For convenience, the terms “doctrine” and “doctrinal” are generally used to refer
to all advertising subject to this section of the Code (although the ITC recognises
that they are not fully adequate words for the purpose).
(5) All doctrinal advertising must also comply with the rules in the main Code.
Attention is drawn particularly to rule 5 (Political and Controversial Issues). This
includes a prohibition on advertising which shows partiality in matters of political
controversy or current public policy.
(6) Licensees who do not wish to carry any doctrinal advertising at all are free to
adopt this policy so long as there is no unreasonable discrimination either against
or in favour of particular advertisers. On the same even-handed basis, licensees
may impose additional, generally applicable requirements which they consider
necessary in the interests of viewers. (This note simply mirrors the position of
licensees in relation to any category of advertising.)
Application of Rules
11.1 The rules in this section apply to:
(i)
advertising by, or on behalf of, any organisation or individual whose
objectives are or appear to be wholly or mainly concerned with
religion, faith or other philosophies or beliefs
(ii)
any other advertising which appears to have a doctrinal objective
(iii)
advertising for commercial products or services which draw on or
reflect doctrine
Unacceptable Advertisers
11.2 No advertising is acceptable from or on behalf of any body which is subject to
11.1 and
(i) which practises or advocates illegal behaviour or
(ii) whose rites or other forms of collective observance are not normally
directly accessible to the public (See notes below) or
(iii) which has been shown to apply unreasonable pressure on people to join
or participate or to obstruct or penalise members or attendees who wish to
leave or cease contact or
49
(iv) which does not provide licensees with written assurances that no
representatives will call on any respondent without prior arrangement
Notes to 11.2(ii):
1. For advertisers to qualify, their rites and collective observances should generally be
physically accessible to the public without charges or unreasonable conditions
being applied. Since religious organisations are exempt from Sex Discrimination
legislation, discrimination by gender would not be regarded as unreasonable in this
context.
2. The dates, times and venues of services should normally be publicised.
Note to 11.2 (iv):
3. Advertisers should be reminded of the need to comply with current UK data
protection legislation and that they should not disclose the names of respondents
without their prior permission.
The Occult and Psychic Practices
11.3 With limited exceptions, advertisements for products or services concerned
with the occult or psychic practices are not acceptable.
Note:
For these purposes the categories include exorcism, attempts to contact the dead,
horoscopes, palmistry, tarot readings etc.
This does not, however, prevent the advertising of services (for example, typical
newspaper horoscopes) which most viewers are likely to regard simply as
entertainment and which offer only generalised comments.
Superstition
11.4 No advertisement may exploit the superstitious.
Acceptable Categories
11.5 Doctrinal advertising is acceptable only for the following purposes:
(i) publicising events such as services, meetings or festivals
50
(ii) describing an organisation's activities or publicising its name or contact
details
(iii) offering publications or merchandise
Note: Advertising which, while ostensibly for one of these purposes, conflicts with
other requirements of these rules is not acceptable.
Fund Raising
11.6 Subject to 11.7 below, doctrinal advertisements must not include appeals for
funds.
Religious Charities
11.7 Advertising for religious charities may include appeals for funds if the
charities reliably demonstrate:
(i) that any proceeds will be devoted solely to the benefit of identified
categories of disadvantaged third parties
(ii) that the conveying of that benefit will not be associated with any other
objective (e.g. proselytising)
Note: The advertising must also comply with Section 12.3 (Charity Advertising).
References to Beliefs
11.8 Advertising must not be used to expound doctrinal beliefs.
Notes:
1.
References to matters of doctrine should only be incidental to the acceptable
purposes of advertising described in 11.5 (Acceptable Categories). They should not
be expressed in ways which suggest they are other than the advertiser’s belief.
2. Rule 9.1 (Community Standards) should be borne in mind when considering
incidental references which might be offensive to those holding other views.
Exhortations
11.9 Advertisements must not suggest that viewers should change their religious
behaviour or beliefs.
51
Services and Ceremonies
11.10 Doctrinal advertisements which appear to involve viewers in services or
ceremonies are not acceptable.
Note: It is, however, acceptable to include brief extracts of ceremonies or services
although not in a way which conflicts with any other rules.
Benefit Claims
11.11 Testimonials and references to individual experiences or personal benefits
associated with a doctrine are not acceptable.
Counselling
11.12 No doctrinal advertisement may offer counselling.
Denigration
11.13 No advertisement may denigrate other doctrines.
Note: Suggestions that, for example, a particular doctrine is the "only" or "true" one
are not acceptable.
Vulnerable Categories of Viewer
11.14 No advertisement may exploit children, or the hopes or fears of any other
vulnerable category of viewer (e.g. the elderly, or those who are sick, separated or
bereaved).
Note: References to faith healing, miracle working and directly influencing the future
are unlikely to comply with this rule.
Use of Fear
11.15 No doctrinal advertisement may play on fear. References to the alleged
consequences of not subscribing to a particular doctrine are not acceptable.
Children and Young People
11.16 (a) In general, no doctrinal advertising is acceptable if it is likely to appeal
particularly to people under 18. Nor may it appear in breaks in or adjacent
to programmes principally directed at them or likely to appeal particularly to
them.
52
(b) The only exception is advertising for publications, merchandise or other
items provided there is no ancillary recruitment or fund raising link.
Note: Please refer to Section 4 of the ITC Rules on the Amount and Scheduling of
Advertising for details of scheduling restrictions.
Identification
11.17 Doctrinal advertisements must make clear to viewers the identity of the
advertiser and, where different, the body on whose behalf the advertisement is
being broadcast.
Note: Where an organisation is known by more than one name or title, the one which
is likely to be most familiar to viewers should normally be included. There is,
however, no requirement to include titles to which the organisation objects.
11.18 Advertising on Specialised Religious Channels
Notes:
(1) The ITC accepts that differences between the characteristics and expectations of
audiences for general channels and those who choose to watch “specialised
religious channels” justify some relaxations of the rules for those channels.
(2) For these purposes, a "specialised religious channel" is a service licensed under
Part I, sections 45 and 47 of the Broadcasting Act 1990 by means of a
determination by the Commission under schedule 2, Part 11.2(2) (a) of the Act.
(3) Under 11.5 (Acceptable Categories) the expounding of doctrine will be regarded
as an acceptable purpose of advertising on these channels.
(4) The following rules do not apply to the channels:
(i)
11.8
(References to Beliefs)
(ii)
11.10 (Services and Ceremonies) These must not, however, be shown
in a way which conflicts with other rules.
(iii) 11.11 (Benefit Claims)
(iv) 11.16 (Children and Young People) Where there is a recruitment or
fundraising link, however, the advertising is not acceptable.
53
12
OTHER CATEGORIES
12.1 Premium rate telephone services
12.1.1 Advertisements that include a premium rate telephone number must
comply with the provisions of the ICSTIS (Independent Committee for the
Supervision of Standards of Telephone Information Services) Code of Practice.
12.1.2 Premium rate services of a sexual nature (i.e. those operating on prefix
0909) may only be advertised on encrypted elements of adult entertainment
services.
12.1.3 Advertisements for services (excluding live or virtual chat) that normally
involve a call of at least five minutes must alert viewers that use of the service
might involve a long call.
12.2 Distance selling
Notes:
(1) Licensees should be aware that the majority of distance selling contracts are
subject to the Consumer Protection (Distance Selling) Regulations 2000. These
lay down detailed requirements for the performance of such contracts and
licensees should take positive steps to satisfy themselves that those advertising
such contracts are fully aware of, and complying with, their obligations under
those regulations. Licensees operating as teleshopping channels should ensure
that they are operating in accordance with the regulations. In addition, the ITC
lays down a number of specific requirements for distance selling advertising
appearing on ITC licensed services.
(2) These rules should also be read in conjunction with 6.5.2(b) and (c), which detail
the requirements for goods payable by instalments and delivery pricing.
(3) Rule 10.2.4 prohibits advertising that offers to sell goods or services to children
by means of distance selling.
12.2.1 Advertisements for goods or services offered by distance selling means are
unacceptable unless arrangements are made for enquirers to be informed by the
licensee concerned of the name and full postal address of the advertiser if this is
not given in the advertisement.
Note: Distance selling includes mail order, telephone order and orders placed
through interactive television etc.
54
12.2.2 When approving advertising in this category, licensees must be satisfied
that the advertiser is able to meet any reasonably foreseeable demand created by
the advertising. Licensees operating as teleshopping channels must have access
to adequate stocks to fulfil such demand.
12.2.3 Licensees must be satisfied that adequate arrangements have been made
for the protection of respondents’ money (e.g. in the form of bonds or bank
guarantees drawn up in favour of the licensee).
12.2.4 It must be apparent from the advertising, or from particulars
subsequently supplied, if it is the advertiser’s intention to send a representative
to call on persons responding to the advertisement.
12.2.5 No advertisement may be accepted from advertisers who send the goods
advertised or additional goods, without the authority of the recipient.
12.3
Charities
Note: Some viewers may be susceptible to emotive appeals for money or support
and the following rules are designed to prevent exploitation of charitable impulses.
12.3.1 Advertisements seeking donations for, or promoting the needs or objects of
a charitable body (“charity advertising”) must not misrepresent the body, its
activities or the use to which donations will be put.
Note: In the case of charities with religious affiliations, Section 11 of the Code also
applies.
12.3.2 Charity advertising is only acceptable from:
(i) charities registered in the UK;
(ii) bodies based outside the UK which are able to supply licensees with
satisfactory evidence that equivalent charitable status has been officially
recognised.
Notes:
(1) To ensure that an organisation is not misrepresenting its status or activities,
licensees should seek details including, where appropriate, the advertiser’s
constitution, aims and objects, recent and current activities, audited accounts and
the membership of its governing body. (Registration of a charity with the Charity
Commission does not indicate that the conduct of its affairs has been investigated
and approved.)
(2) In the case of non-UK bodies, licensees should also obtain evidence that the
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organisation complies with all relevant legislation in its home country.
(3) If, after investigation, doubts remain about the integrity of an advertiser, licensees
are advised to consult the ITC before accepting advertising.
12.3.3 No fund raising message may be addressed to children or be likely to be of
particular interest to them.
Notes:
(1) This does not, however, prevent advertising simply showing, for example, animals
or children if these are the beneficiaries of the charity.
(2) See the ITC’s Rules on the Amount and Scheduling of Advertising for scheduling
restrictions on charity advertising.
12.3.4 Charity advertising must reflect a broad sense of ethical responsibility.
Note: Advertisements should:
(i) not suggest that anyone will lack proper feeling or fail in any responsibility
through not supporting a charity
(ii) not exaggerate the scale or nature of any social problem
(iii) respect the dignity of those on whose behalf an appeal is being made
(iv) treat with care and discretion any issues likely to arouse strong emotions in
the audience. Although there is evidence that television viewers are
generally more tolerant of potentially distressing images when the objectives
of an advertisement are charitable, sensitivity is still required especially in
relation to young viewers who may be watching.
Financial Probity
12.3.5 Licensees must seek assurances from charity advertisers that:
(a) they do not involve themselves in transactions in which members of their
governing body or staff have a financial interest
(b) the response to their proposed advertising, whether in cash or kind or
services, will be applied solely to the purposes specified or implied in the
advertising
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Comparisons
12.3.6 Advertisements must not include comparisons with other charities.
References to charities in commercial advertising
12.3.7 (a) Advertisements by commercial advertisers which promote the needs or
objects of charitable bodies are only acceptable if the bodies would be acceptable
advertisers in their own right under Section 12.3.2 above.
Note: Licensees should seek evidence that the charity concerned has agreed to the
proposed advertising.
(b) Charity advertising must not exaggerate the benefit to the charities.
(c) Advertisements which include an offer to donate money to charity must:
(i) identify the charity or charities which will benefit
(ii) explain the basis on which the sums to be donated will be calculated
Note: Offers of this kind should not depend on sales reaching a given level
or be subject to any similar condition. If a target total is stated, any extra
money should be donated on the same basis as contributions below that
level.
(d) Advertisements for medicinal products must not include any offer to
donate money to charity.
12.4 Homework Schemes
Note: Homework schemes are those in which participants, whether employees or not,
undertake work at or from home on behalf of someone else, for example, addressing
envelopes or making up garments or toys.
12.4.1 Licensees must obtain full particulars of any scheme and must ensure that
advertising does not give a misleading impression of either how a scheme will
work or the likely remuneration.
Note: For example, disclosure of any obligation on the home-worker to collect or
deliver materials is required.
12.4.2 Advertisements are not acceptable for schemes which involve making a
charge for the raw materials or components and/or where the advertiser offers to
buy goods made by the home-worker, or where a charge or deposit is levied in
order to obtain details of the scheme.
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12.5 Instructional Courses
Note: This rule may need to be revised in light of European developments.
12.5.1 Advertisements offering course of instruction in trades or subjects leading
up to professional or technical examinations must not imply or exaggerate the
opportunity of employment or remuneration alleged to be open to those taking
such courses.
12.5.2 Advertisements must not offer unrecognised ‘degrees’ or qualifications.
12.5.3 Advertisements for correspondence schools and colleges, other than those
granted accreditation by the Open and Distance Learning Quality Council, are
unacceptable except in circumstances approved by the Commission.
12.6 Betting and Gaming (including lotteries, pools and bingo)
Notes:
(1) In addition to the following rules, National Lottery advertising is also subject to
the provisions of the National Lottery Advertising Code of Practice approved by the
Director General for the National Lottery.
(2) Broadcast advertising of bingo is not permitted in Northern Ireland.
Advertisements for betting and gaming must not:
(a) be directed at people under the age of 16 (or 18 for bingo) or use
treatments likely to be of particular appeal to them.
Note: This requirement extends to the scheduling as well as the content of the
advertisement. Advertisements for such products and services should not be
broadcast in the breaks in or immediately adjacent to children’s programmes
or those commissioned for, primarily directed at or likely to be of particular
appeal to audiences under the relevant age.
(b) feature any personality whose example children under 16 (or 18 for
bingo) are likely to follow or who has particular appeal to audiences under
the relevant age.
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Note: Football players may appear in pools commercials only in footage of
actual play, in which case no individual may receive particular prominence.
This restriction does not apply to players who have been retired for at least
one full season, unless they retain their appeal to the relevant age group.
(c) feature or encourage excessive or reckless playing.
(d) present such products as an alternative to work or as a way out of
financial difficulties.
Note: This precludes making explicit contrasts between working and not
working, and to the role of winnings in relation to debt. Advertisers may
however make references to other material benefits of winning a prize.
12.7 Introduction and Dating Services
12.7.1 Advertisements for introduction and dating services must not:
(a) suggest that persons without a partner are in some way inadequate or
unfulfilled;
(b) contain material that could be taken to encourage or condone
promiscuity;
(c) be directed at people under 18;
(d) imply a greater degree of matching of individual clients according to
suitability that is in fact the case.
12.7.2 Licensees must obtain an assurance that the advertiser will give clear
advice on sensible precautions to take when meeting people though introduction
or dating services.
Note: Services operating through premium-rate telephone numbers are subject to the
additional requirements of the ICSTIS Code.
12.8 Alcoholic Drinks
Rules for all advertising:
12.8.1 Advertisements:
(a) must not imply that drinking is essential to social success or that refusal is a
sign of weakness.
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(b) must not suggest that drinking is an essential attribute of masculinity. Drinking
must not be linked with daring, toughness or bravado.
(c) must not suggest that alcohol can contribute to sexual success nor associate
drinking with attractiveness.
(d) must not suggest that regular solitary drinking is acceptable or that drinking
can resolve problems.
(e) must not suggest that alcohol has therapeutic qualities nor offer it as a
stimulant, sedative or tranquilliser.
(f) must not suggest that a drink is to be preferred because of its alcohol content.
(This does not apply to low alcohol drinks.)
(g) must not show, imply or encourage heavy drinking. This applies both to the
amount of drink and to the way drinking is portrayed. References to buying
rounds of drinks are not acceptable. (This rule may not apply to advertising for
low alcohol drinks.)
(h) must not link drinking with the use of dangerous machinery, with behaviour
which would be dangerous after consuming alcohol (such as swimming) or with
driving.
Additional rules for advertising alcoholic drinks:
12.8.2 Advertising for alcoholic drinks:
(a) must not appeal particularly to people under 18. Specifically:
(i)
(ii)
(iii)
Anyone associated with drinking must be, and must look, at least 25
years old. (A different age limit may apply to low alcohol drinks.)
There must be no appearances by personalities whose example people
under 18 are likely to follow or who have a particular appeal to them.
Children must not appear except, for example, in street scenes or as
non-featured members of a family group.
Note: Please refer to Section 4.2.1(a) of the ITC Rules on the Amount and
Scheduling of Advertising for details of scheduling restrictions.
(b) must not be advertised in a context of aggressive or antisocial behaviour.
(c) must not publicise sales promotions entailing multiple purchase which appear to
encourage excessive consumption. (This may not apply to low alcohol drinks.)
Low Alcohol Drinks:
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12.8.3: The following dispensations to 12.8 apply to advertisements for drinks
containing 1.2% alcohol by volume or less so long as the low alcohol content is
made clear and unless the advertising might promote a product of higher alcoholic
strength or might conflict with the spirit of that rule:
(a) Anyone associated with drinking must be, and must look, at least 18
years old.
(b) These advertisements need not comply with 12.8.1(f) and (g) or 12.8.2(c).
Note: Please refer to Section 4.2.1(d) of the ITC Rules on the Amount and
Scheduling of Advertising for details of scheduling restrictions.
12.9 Driving Standards
Rules for all advertising:
12.9.1 No advertisement may encourage or condone dangerous, inconsiderate or
irresponsible driving or motorcycling.
Note: This does not prevent flamboyant driving in scenes which are clearly fantasy or
“theatrical” so that the action is distanced from reality (e.g. scenes of driving mayhem
in trailers for action films).
Additional rules for automotive advertising:
Automotive Advertising
12.9.2 Advertisements for cars, motorbikes or other automotive products must not
encourage or condone fast or irresponsible driving.
There must be no
demonstrations of power, acceleration, handling characteristics etc except in a clear
context of safety. Any references to such characteristics must not imply excitement
or competitiveness. There must be no references to speeds over 70mph.
Background:
There is a public policy requirement that advertising for vehicles, fuels, accessories etc
should be responsible and should avoid anything which might contribute to a culture of
competitive, anti-social driving, especially amongst young drivers (but also amongst
younger teenagers: boys in particular often fantasise about what driving will be like).
Of course, factors other than advertising play a major part in establishing driving
culture but television advertising can be powerful and insistent and the way car
manufacturers etc demonstrate their products may be particularly influential. The ITC
has found from experience that problems are more likely to be avoided if the following
notes are applied.
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Notes:
(1) This rule does not apply to public service advertising about road safety.
(2) Highway Code: All driving which appears to be on public roads or in public places
should normally comply with the letter and spirit of the Highway Code. Exceptions
may be made where there is no indication that the setting is in the UK and the
failure to comply would not, in real life, have direct safety implications (e.g. using
fog lights when visibility is good). Sequences which are clearly fantasy (i.e. which
would not be possible in reality) do not normally cause difficulties but care is
needed where an advertisement features, however fancifully, driving behaviour
which could be copied or which might condone other forms of bad driving.
(3) Power and Speed: Advertising should not suggest that fast driving is exhilarating
nor portray driving as if it were a competitive sport. Conversely, there should be no
suggestion that driving safely or cautiously is staid or boring. There should be no
suggestion that a vehicle is to be preferred because of its power or speed. Words
like “performance” can be ambiguous and care should be taken to avoid this.
(4) Racing and rallying: Scenes of motor racing, off-road rallying etc rarely cause
problems if they are clearly established as such and do not circumvent the spirit of
this rule. For example, there should be no emotive references to the power of a
rally car which shares the model name of a road car. Vehicles should be in racing
livery and there should be no suggestion that standard production vehicles might be
driven in a competitive way or are particularly suitable for fast driving. There
should be no suggestion that competitive sport has been used in the development of
increased power, speed etc in road cars (e.g. "race-bred engines") but references to
other improvements, such as reliability, in that context are harmless.
(5) Foreign Settings: Where the setting of an advertisement is clearly a foreign
country, driving may comply with local regulations except where it might
encourage dangerous emulation (e.g. motorcyclists riding without helmets) or
would run counter to the spirit of this rule. There should be no references to, or
sequences showing driving at speeds in excess of UK limits.
(6) Off-road Settings: It is normally acceptable to use a location which is
unambiguously not a road or public place in order to demonstrate features of a
vehicle when this could not be done within the constraints of the Highway Code.
But the use of off-road locations must not circumvent the spirit of these guidelines,
for example by showing aggressive driving.
(7) Where such off-road sequences can be justified, it is not normally sufficient simply
to indicate that a road has been closed to the public. The location should clearly be
of a type which could not be accessible to general road users.
(8) Safety Features: Whilst the relative benefits of a safety feature may be claimed,
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there should be no suggestion that a vehicle's safety features enable it to be driven
in complete safety or to be driven faster than would otherwise be the case. When
some special feature is to be demonstrated (such as anti-lock brakes or superior
manoeuvrability) any sudden stop or manoeuvre should not normally be made
necessary by the featured vehicle travelling too fast for the circumstances or being
driven badly. Accidents should not be presented as being of little consequence.
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APPENDIX 1
STATUTORY FRAMEWORK
(a) The Broadcasting Act 1990 requires the ITC, after appropriate consultation, to
publish a Code governing standards and practice in television advertising.
Compliance with the Code is a condition of the television broadcasters’ licences.
(b) The Code takes account of the Human Rights Act 1998 and aims to protect
viewers’ interests without undue restrictions on commercial free speech.
(c) The Code should be read in conjunction with the ITC’s:





Rules on the Amount and Scheduling of Advertising
Code of Programme Sponsorship
Code for Text Services (where relevant)
Guidance to Broadcasters on Regulation of Interactive Television Services
Programme Code (with which both advertisements and programmes must
comply)
APPENDIX 2: [Superimposed text legibility guidelines]
APPENDIX 3: [Photo-sensitive epilepsy guidelines]
No changes are proposed to the current guidelines on text legibility and photosensitive epilepsy.
APPENDIX 4:
Statutes Affecting Television Advertising
The following statutes and regulations made under them are among those which may
restrict or control or otherwise affect television advertising or should be particularly
noted. This list is not exhaustive, particularly in relation to statutes with limited territorial
scope, for example, for Northern Ireland, Scotland, etc.
(a)
General
Betting, Gaming and Lotteries Act 1963 to 1985 (Sections 10 and 22)
Bingo Act 1992
Broadcasting Acts 1990 and 1996
Business Advertisements (Disclosure) Order 1977
Cable and Broadcasting Act 1984
Cancer Act 1939 (Section 4)
Charities Act 1992
Children and Young Persons Act 1933 (Scotland 1937)
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Consumer Protection Act 1987
Control of Misleading Advertisements Regulations 1988
Copyright Designs and Patents Act 1988
Criminal Justice and Police Act 2001
Data Protection Act 1998
Defamation Act 1952
Education Acts 1944-1992
Employment Agencies Act 1973
Energy Act 1976 (Section 15)
Fair Employment (Northern Ireland) Act 1976
Fair Trading Act 1973
Food Labelling Regulations 1996
Food Safety Act 1990
Food Standards Act 1999
Gaming Act 1968
Geneva Conventions Act 1957 (Section 6)
Greater London Authority Act 1999
Hearing Aid Council Act 1968
London Cab Act 1968
Lotteries and Amusements Act 1976
Margarine Regulations 1967
Marine etc., Broadcasting (Offences) Act 1967
Medicines Act 1968 and Regulations
National Lottery etc. Act 1993
Opticians Act 1989 and Regulations
Personal Pension Scheme(Advertisements) Regulations 1990/1140
Political Parties and Referendums Act 2000
Postal Services Act 2000
Private Hire Vehicles (London) Act 1998
Race Relations Act 1976
Registered Designs Act 1949
Representation of the People Act 2000
Sale of Goods Act 1979
School Standards and Framework Act 1998
Sex Discrimination Acts 1975 and 1986
Sunday Trading Act 1994
Telecommunications Act 1984
Telecommunications Apparatus (Advertisements) Order 1985
Terrorism Act 2000
Trade Descriptions Act 1968
Trade Marks Act 1994
Trading Stamps Act 1964
Unsolicited Goods and Services Act 1971, 1975
Weights and Measures Act 1985
Wireless Telegraphy Act 1949
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(b)
Financial
Banking Act 1987
Building Societies Act 1986
Capital Allowances Act 2001
Companies Act 1985
Companies (Northern Ireland) Order 1986
Consumer Credit Act 1974 (with particular reference to the Consumer Credit
(Advertisements) Regulations 1989 as amended by the Banking Co-ordination
(Second Council Directive) Regulations 1992)
Credit Unions Act 1979
Credit Unions (Northern Ireland) Order 1985
Financial Services and Markets Act 2000
Friendly Societies Acts 1974 and 1992
Industrial and Provident Societies Act 1965
Insurance Companies Act 1982
Pension Schemes Act 1993
NOTE:
In certain cases the law of one of the Channel Islands or the Isle of Man may
apply to advertisements.
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