Broadcasting Act (Substitution of Third Schedule)

L.N. 159 of 2000

BROADCASTING ACT

(CAP. 350)

Broadcasting Act (Substitution of Third Schedule)

(Code for Advertisements and Sponsorships) Regulations, 2000

IN exercise of the powers conferred by paragraph (b) of subarticle

(2) of article 19 of the Broadcasting Act, hereinafter referred to as "the

Act", the Broadcasting Authority, in conjunction with the Minister of

Education, has made the following Code:-

(1) The title of these regulations is the Broadcasting Act ~itation and entry

(Substitution of Third Schedule) (Code for Advertisements and Into force.

Sponsorships) Regulations, 2000.

(2)

This Code shall come into force on 1st September, 2000.

For the Third Schedule to the Act there shall be substituted Substitutes the

Third Schedule to

the followmg:-

the Act.

"THIRD SCHEDULE

Article 19(2)

CODEFORADVERTISEMENTSANDSPONSORS~

General standards

1. Advertising and teleshopping shall not

(a)

prejudice respect for human dignity;

(b) include any discrimination on grounds of race, sex

or nationality;

(c)

be offensive to religious or political beliefs;

(d)

encourage behaviour prejudicial to health or to

safety;

(e) encourage behaviour prejudicial to the protection

of the environment;

except as authorized under a scheme of political

(f)

broadcasts approved by the Authority, and irrespective of

whether they are broadcast in retum for payment or for similar

consideration or otherwise, be of a political nature;

be inserted in any broadcast of a religious service.

(g)

2. No person who is authorised to broadcast commercial

advertising shall confine such advertising to goods or services of a

sole commercial or financial group or grant any exclusive right

for the commercial advertising of a specific product or service.

In the acceptance of advertisements there shall be no

unreasonable discrimination either against or in favour of any

particular advertiser.

Forms and Presentation

Advertising and teleshopping shall be readily

distinguishable as such and kept quite separate from the other parts

of the programme service by optical or acoustic means. Isolated

advertising and teleshopping spots shall remain the exception.

Successive advertisements shall be recognisably separate

in particular techniques such as those described in article 19 of

this Act.

Advertisements shall not be arranged or presented in such

a way that any separate advertisement appears to be part of a

continuous feature.

Audible matter in advertisements shall not be excessively

noisy or strident.

Advertising and teleshopping shall not use subliminal

techniques.

Surreptitious advertising shall be prohibited.

Insertion of advertisements and teleshopping

Advertising and teleshopping shall be inserted between

programmes. Provided the conditions contained in paragraphs 11

to 14 of this Schedule are fulfilled, advertising and teleshopping

may also be inserted during programmes in such a way that the

integrity and value of the programme, taking into account natural

breaks in and the duration and nature of the programme, and the

rights of the rights holders are not prejudiced.

In programmes consisting of autonomous parts, or in

sports programmes and similarly structured events and

performances comprising intervals, advertising and teleshopping

shall only be inserted between the parts or in the intervals.

The transmission of audiovisual works such as feature

films and films made for television (excluding series, serials, light

entertainment programmes and documentaries), provided their

programmed duration is more than 45 minutes, may be interrupted

once for each period of 45 minutes. A further interruption shall be

allowed if their scheduled duration is at least 20 minutes longer

than two or more complete periods of 45 minutes.

Where programmes, other than those covered by

paragraph 11, are interrupted by advertising and te1eshopping spots,

a period of at least 20 minutes shall elapse between each successive

advertising break within the programme.

Advertising and teleshopping shall not be inserted in

any broadcast of a religious service. News and current affairs

programmes, documentaries, religious programmes, and children's

programmes, when their programmed duration is less than 30

minutes, shall not be interrupted by advertising or by teleshopping.

If theu programmed duration is of 30 minutes or longer, the

provisions of the previous paragraphs shall apply.

Advertising and teleshopping ofparticular products

All forms of advertising and teleshopping for cigarettes

and other tobacco products shall be prohibited.

Advertising for medicinal products and medical

treatments available only on prescription shall be prohibited.

Teleshopping for medicinal products and teleshopping

for medical treatment, shall be prohibited.

Advertising and teleshopping for all other medicines

and medical treatment shall be clearly distinguishable as such,

honest, truthful and subject to verification and shall comply with

the requirement of protection of the individual from harm.

Advertising and teleshopping for alcoholic beverages

shall comply WIth the following criteria

(a) it may not be aimed specifically at minors or, in

particular, depict minors acquiring or consuming these

beverages;

(b) it shall not link the consumption of alcohol to

enhanced physical performance or to driving;

(c) it shall not create the impression that the

consumption of alcohol contributes towards social or sexual

success;

(d) it shall not claim that alcohol has therapeutic

qualities or that it is a stimulant, or sedative, or a means of

resolving personal conflicts;

(e) it shall not encourage immoderate consumption of

alcohol or present abstinence or moderation in a negative light;

it shall not place emphasis on high alcoholic content

(t)

as being a positive quality of the beverages.

Sponsorship

Sponsored programmes shall meet the following

requirements

(a) the content and scheduling of sponsored

programmes may in no circumstances be influenced by the

sponsor in such a way as to affect the responsibility and

editorial independence of the broadcaster in respect of

programmes;

(b) they shall be clearly identified as such by the name

or logo of the sponsor at the beginning or the end of the

programmes;

(c) they shall not encourage the purchase or rental of

the products or services of the sponsor or a third party, in

particular by making special promotional references to those

products or services.

Prohibited sponsorship

Programmes may not be sponsored by natural or legal

persons whose principal activity is the manufacture or sale of

cigraettes and other tobacco products.

Sponsorship of programmes by undertakings

whose activities include the manufacture or sale of medicinal

products and medical treatment may promote the name or

the image of the undertaking but may not promote specific

medicinal products or medical treatments available only on

prescription.

News and current affairs programmes may not be

sponsored.

Duration

The proportion of transmission time devoted to

teleshopping spots, advertising spots and other forms of advertising,

with the exception of teleshopping windows within the meaning

of paragraphs 27 and 28, shall not exceed 20% of the daily

transmission time. The transmission time for advertising spots shall

not exceed 15% ofthe daily transmission time.

The proportion of advertising spots and teleshopping

spots within a given clock hour shall not exceed 20%.

For the purposes of paragraphs 24 and 25, advertising

does not include

(a) announcements made by the broadcaster in

connection with its own programmes and ancillary products

directly derived from those programmes;

(b) public service announcements and charity appeals

broadcast free of charge.

Windows devoted to teleshopping broadcast by a

channel not exclusively devoted to teleshopping shall be of a

minimum uninterrupted duration of 15 minutes.

The maximum number of teleshopping windows per day

shall be eight. Their overall duration shall not exceed three hours

per day. They shall be clearly identified as teleshopping windows

by optical and acoustic means.

The provisions of this Act, other than regulations made

under subarticle (2) of article 37 of this Act shall apply mutatis

mutandis to channels exclusively devoted to teleshopping.

Advertising on such channels shall be allowed within the daily

limits established by paragraph 24. Paragraph 25 shall not apply.

The provisions of this Act shall apply mutatis mutandis

to channels exclusively devoted to self-promotion. Other fonns of

advertising on such channels shall be allowed within the limits

established by paragraphs 24 and 25.

The amount of time given to advertising and

teleshopping on radio services shall not exceed 25% within a one

hour period provided that part of such advertising time may be

aggregated to a continuous period not exceeding two hours in each

twelve hour period.

Exemptions

Paragraphs 10 to 14 and 24 to 30 shall not apply to radio

services.".