Television Broadcasts) Regulations, 2010

L. N. 321 of 2010

BROADCASTING ACT

(CAP. 350)

Broadcasting Act (Substitution of Third Schedule) (Code for

Advertisements, Teleshopping and Sponsorship For Radio and

Television Broadcasts) Regulations, 2010

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 Prime Minister, has made the following Code:-

(1) The title of these regulations is the Broadcasting

Act (Substitution of Third Schedule) (Code for Advertisements,

Teleshopping and Sponsorship For Radio and Television

Broadcasts) Regulations, 2010.

(2) This Code shall come into force on 1st June 2010.

For the Third Schedule to the Act there shall be

substituted the following:-

B

“THIRD SCHEDULE

Article 19(2)

CODE FOR ADVERTISEMENTS AND TELESHOPPING

FOR RADIO AND TELEVISION BROADCASTS

Radio and television broadcasts shall comply with the following rules

General standards

1. Advertising and teleshopping shall not, except as authorized under a scheme

of political broadcasts approved by the Authority in terms of article 13(4) of this

Act, and irrespective of whether they are broadcast in return for payment or for

similar consideration or otherwise, be of a political nature.

2. No person who is authorised to broadcast commercial advertising or

teleshopping shall confine such advertising and teleshopping 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 and teleshopping there shall be no

unreasonable discrimination either against or in favour of any particular advertiser.

Forms and presentation

Television advertising and teleshopping shall be readily recognisable and

distinguishable from editorial content.

Without prejudice to the use of new advertising techniques, television

advertising and teleshopping shall be kept quite distinct from other parts of the

programme by optical and/or acoustic and/or spatial means.

Isolated advertising and teleshopping spots, other than in transmissions of

sports events, shall remain the exception.

Successive advertisements and teleshopping shall be recognisably separate

in particular techniques such as those described in article 19 of this Act.

Advertisements and teleshopping 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 and teleshopping shall not be excessively

noisy or strident.

B

Insertion of advertisements and teleshopping

Advertising and teleshopping shall be inserted between programmes.

Provided the conditions contained in paragraph 11 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.

The transmission of films made for television (excluding series, serials and

documentaries), cinematographic works and news programmes may be interrupted

by television advertising and/or teleshopping once for each scheduled period of at

least thirty minutes. The transmission of children’s programmes may be interrupted

by television advertising and/or teleshopping once for each scheduled period of at

least 30 minutes, provided that the scheduled duration of the programme is greater

than 30 minutes. No television advertising or teleshopping shall be inserted during

religious services.

Advertising and teleshopping of particular products

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 requirements 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 such beverage;

(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 therefrom or moderation therein in a negative light;

B

(f) it shall not place emphasis on high alcoholic content as being a

positive quality of the beverages.

Duration

The proportion of advertising spots and teleshopping spots within a given

clock hour shall not exceed 20%.

Paragraph 15 shall not apply to announcements made by the broadcaster in

connection with its own programmes and ancillary products directly derived from

those programmes, sponsorship announcements and product placements.

The amount of time given to advertising 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, 11 and 15 shall not apply to radio services.

Teleshopping for both non-Teleshopping Television Stations and for Television

Stations exclusively licensed for teleshopping

Teleshopping offers of any kind shall contain the direct offer for sale to the

public within the teleshopping transmission itself. Where the offer for sale is only

contained elsewhere (such as in a teletext service) the material may not be classed

as teleshopping.

“Direct offer” means the form of advertising for the supply of any

product or service offering detailed explanations and promotion of advantages. A

teleshopping offer may solicit the purchase, sale or lease of products or services

through contact with the commercial distributors or service provider either by

telephone or by any electronic means.

Teleshopping shall not use the same scenography of other non-advertising

programmes and shall not be presented by anchormen/women engaged in television

news or current affairs features.

The use of encoded messages shall be forbidden during a teleshopping

offer.

The price of the product or service offered shall be provided during a

teleshopping offer and the address from where business is conducted shall not be

broadcast either orally or graphically

B

Provided that in the case of a distance contract concluded following a direct

offer made through a teleshopping window, it shall be the duty of the broadcaster

to provide the address of the trader only in cases of contracts requiring payment in

advance.

The station which broadcasts a teleshopping window shall keep a record

of the identity and the address of the trader who sells a product or a service during

a teleshopping window, should a viewer who has purchased a product or service

request such information.

During a teleshopping offer it shall be permissible

(a) to inform the viewer that the advertised product or service will be sent

to the address of the person who responds to the teleshopping offer;

(b) to describe the advertised product or service which will be provided

and to announce its functions and its price.

All forms of teleshopping and competitions shall not be permitted during a

teleshopping offer.

A direct offer is always bound with the possibility of direct response,

identified by a telephone number. In the case of a television broadcast, one or more

telephone numbers which the buyer may call to purchase a particular product or

service may be displayed on screen. The numbers may be of a call centre, a

warehouse, the studio, the station itself or another place from where the consumer’s

needs may be met.

The expression “optical means” in paragraphs 5, 31 and 37 of this Schedule

includes titles, written words, graphic and coloured images, logos, and abbreviations

of the expression “teleshopping” and also includes a telephone number. The

expression “acoustic means” in paragraphs 5, 31 and 37 includes spoken words,

jingles or music parts.

Any regulations made under the provisions of article 7 of the Consumers

Affairs Act, regulating distance selling, where applicable, shall also apply to

teleshopping.

Teleshopping applies only to television services and not to radio services.

Teleshopping for Non-Teleshopping Television Stations

Windows devoted to teleshopping broadcast by a channel not exclusively

devoted to teleshopping shall be clearly identified as such by optical and acoustic

means and shall be of a minimum uninterrupted duration of 15 minutes.

B

As teleshopping is a form of distance selling, editorial material shall be

kept separate from editorial or non-commercial elements.

No advertisements may be broadcast within teleshopping windows.

Without prejudice to the provisions of paragraph 29, respondents to

teleshopping offers shall have the right to return the product within 15 days from

the date of sale to the sales agent. During a teleshopping offer the presenter shall, at

the beginning of the teleshopping, inform viewers of such right.

Teleshopping windows may not be broadcast immediately before or after a

programme aimed at children.

Teleshopping for Television Stations exclusively licensed for Teleshopping

Stations that are exclusively devoted to teleshopping shall not transmit any

other type of programme apart from teleshopping offers.

Teleshopping shall be identified by both optical and acoustic means. A

specific announcement shall precede and end the teleshopping offers. As for the

quality of the signals given, they shall be suited for drawing the audience’s attention

to the fact that a teleshopping offer is being broadcast.

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 advertising and teleshopping and television channel exclusively devoted

to self-promotion.

The provisions of paragraphs, 10, 11, 15 and 16 of this Schedule and

regulation 5 of the Broadcasting (Jurisdiction and European Co-operation

Regulations, SL 350.04, shall not apply to the channels mentioned in paragraph 38

of this Schedule.

This Schedule is without prejudice to any law in force in Malta.”.

€0.56