Workshop Commercial Communication Workshop Co Workshop Commercial Communication Belgrade, Media Center, 25 th of September 2014

Workshop Commercial Communication

Workshop Commercial Communication Workshop CoWorkshop Commercial Communication

Belgrade, Media Center,25th of September 2014

Workshop Commercial Communication Workshop

Agenda morning

• 09.00-09.15 Registration• 09.15-09.30 Introduction• 09.30-10.30 Advertising in general & self- and cross-

promotion• 10.30-10.45 Coffee break• 10.45-12.30 Sponsorship & product placement• 12.30-13.30 Lunch break


Agenda afternoon

• 13.30-14.00 Follow up on product placement • 14.00-15.00 Undue prominence & surreptitious

advertising• 15.00-15.15 Coffee break• 15.15-16.00 New advertising techniques• 16.00-16.30 Content of advertisements • 16.30-17.00 Resume and conclusions


Structure each topic

• Legal framework EU • Implementation in the Netherlands • Implementation in other EU countries • New media legislation in Serbia• Specific issues and cases REBEM • Specific issues and cases in the Netherlands• Specific issues and cases other EU countries• Interactive discussion

Session 1: Advertising in general, self- and cross-

promotion

Workshop CoWorkshop Commercial CommunicationBelgrade, Media Center,25th of September 2014

Advertising: legal framework EU • AVMS Directive contains rules regarding

distinction from editorial content, quantity and quality.

• Clearly separated and recognizable for viewer (in block).

• Surreptitious and subliminal advertising is forbidden.

• Individual spots should remain the exception.• Maximum per hour: 12 minutes.• No commercial communication for tobacco or

related brands and for electronic cigarettes (Directive 2014/40/EU of 3 April 2014).

Media regulation NL• Article 7 constitution: secures freedom of speech,

no prior supervision of radio and TV programmes.

• Media Act: formal law containing most important rules for radio and TV.

• Media Decree: delegated regulation containing more detailed rules.

• Media Regulation: ministerial regulation on specific topics (eg compensation costs supervision).

• Policy Guidelines of the Dutch Media Authority.• Telecommunications Act: dealing with issues

regarding access to cable and other platforms.

Advertising: implementation NL

Private broadcasters:• Programmes may be interrupted by commercial

breaks.• During films, children (with duration of min 30

minutes) and news programmes max 1 break per 30 minutes: advertising time is counted in (gross principle).

• No daily limit: only hour limit of 20% applies.• Individual spots max 2 times per hour.• Split screen possible in live reports and

registrations of sports and other events.


Stricter rules for public service media (PSM):

• During programmes no commercial breaks, except for pauses in sports and similar structured events.

• Minimum duration advertising block: 1 minute.• Year maximum lower compared to private

broadcasters: 10% vs. 15%.• Special advertising techniques like split-screen

are not allowed.


Advertising rules for programmes apply where possible to other audiovisual media content of PSM like websites and online video services:• General principle: advertising should be limited in

amount and duration and not-excessive .• Limitation amount banner ads: 10% of page.• Limitation duration pre-roll ads: max 30 seconds.• Pop up, pop under, hover banner, video overlay

advertising prohibited because excessive nature.• Advertorials prohibited because infringement

separation commercial and editorial content.


Private broadcasters:• Unlike is the case for PSM no specific conditions

for advertising on pages of their websites.

But:• All advertising in a commercial on-demand media

service (which can be online) should meet basic requirements of AVMS Directive like clear separation from editorial content and no surreptitious advertising.

• Content requirements of Advertising Code apply.


Private broadcasters and PSM:

• Watershed: between 06.00 and 21.00 advertising for alcohol beverages not allowed on TV.

• References to sponsor related to alcohol industry should be neutral between 06.00 and 21.00.

• For PSM restrictions for alcohol advertising also apply to advertising on their websites: banner ads, pre-rolls and other commercials.

Advertising: implementation other countries

Advertising limits:

• Some countries apply maximum of 12 minutes (20%) per hour but impose a lower daily limit.

• Stricter limits for PSM: NL, France, Romania, Czech Republic, Latvia, Bosnia and Herzegovina.

• No advertising allowed at all for PSM: Sweden, UK, Belgium.

Teleshopping: legal framework EU

Article 1, (l) AVMS Directive:

‘teleshopping’ means direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations, in return for payment; •Teleshopping spots: alone or together with advertising spots max 20% per hour.•No time restrictions for teleshopping channels. •Teleshopping windows: clearly identified by optical and acoustic means and 15 minutes minimum.•Forbidden for medical products and treatments.

Teleshopping: implementation NL

• Absolutely forbidden for PSM.• Characteristic are direct offer and opportunity for

viewer to order product or service immediately.• Due to internet direct transaction possibilities

have increased and distinction with advertising spots is more blurred.

• Especially information services which can be consumed instantly through telephone or internet like dating, chat services and consults use the regime of teleshopping.

• Medical treatments: those stated in Civil Code.

Self and cross-promotion: legal framework EU

Article 23 of the AVMS Directive:

• Paragraph 1: The proportion of television advertising spots and teleshopping spots within a given clock hour shall not exceed 20%

• Paragraph 2: Paragraph 1 shall not apply to announcements made by the broadcaster in connection with his own programmes and ancillary products directly derived from those programmes, sponsorship announcements and product placements


Elements of self-promotion definition in AVMS Directive:

• Announcements made by the broadcaster • in connection with his own programmes or • in connection with ancillary products • directly derived from those programmes


More guidance can be found in recitals previous EU Directive Television without Frontiers (1997):

(35) Whereas, in order to avoid distortions of competition, this derogation is limited to announcements concerning products that fulfill the dual condition of being both ancillary to and directly derived from the programmes concerned; whereas the term ancillary refers to products intended specifically to allow the viewing public to benefit fully from or to interact with these programmes;


More guidance can be found in recitals previous EU Directive Television without Frontiers (1997):

(39) Whereas it is necessary to make clear that self-promotional activities are a particular form of advertising in which the broadcaster promotes its own products, services, programmes or channels; whereas, in particular, trailers consisting of extracts from programmes should be treated as programmes;


In general we can identify 3 types of self-promotion:

1. Self-promotion that should be considered as advertising.

2. Self-promotion that should be considered as advertising but not calculated as such.

3. Self-promotion that should not be considered as advertising but as editorial content.


Consequences:

• A lot of interpretation margins and legal uncertainty.

• Risks of affecting level playing field between EU members states.

• Risks of distortion of fair competition between media service providers and other commercial parties which have to pay for advertising.


Dilemma’s and questions many RA’s in EU are facing:• Requirements of “ancillary to programme” and

“directly derived from programme” seem rather abstract and subjective concepts.

• Broadcasters become more and more part of multimedia enterprises involved in many different activities; are all references for these activities self-promotion?

• Products of third parties receive often excessive attention in self-promotion messages like prizes during games and quizzes; where to draw the line?


Following recital 39 of TwF Directive trailers consisting of extracts from programmes should be treated as programmes, which means:

• They can be counted in for the amount of European works.

• They can be sponsored and can contain sponsor identification references at beginning and end.

• This creates extra exposure possibilities.

Self and cross-promotion: implementation NL

Conclusions CvdM in NL draws from recent cases:• Directly derived from means connected to

concrete programme which has been broadcasted or will be broadcasted.

• The programme should be produced or commissioned by broadcaster.

• What is stated regarding products in EU Directive applies to services as well.

• No specific references to third parties (like were to buy) must be made during self-promotion spot.

• Excessive attention for product or service (like prize in game) can lead to undue prominence.

Self- and cross promotion: implementation other countries

Promotional references in trailers (programme announcements):

• Many countries apply general rule of no encouragement of purchase of products or services of the sponsor.

• Most EU countries allow to mention not only the sponsor but also the product, provided that sale of product should not be encouraged.

• Greece, Norway and Israel: during trailers not any references to sponsor are permitted.


Cross-promotion:

• France: cross-promotion references should be purely informative and not-promotional; otherwise it is regular advertising.

• NL and Italy: editorial responsibility is key criterion: if the promoted programmes or other services are of a company which is only economically but not editorially linked to broadcaster it is regular advertising.


UK: Ofcom Broadcasting Code 2011, Section 9 Commercial references in television programming Rule 9.31:• Programme-related material may be promoted

only during or around the programme from which it is directly derived and only where it is editorially justified.

• The product or service must be „directly derived‟ from a specific programme and therefore it is very unlikely that Ofcom will consider a product or service that existed before a programme to meet the definition of programme-related material.

Session 2: Sponsorship and product placement


Sponsorship: legal framework EU

• Definition: contribution to financing of programme by company or person with aim to promote name, trade mark, logo, image, activities or products.

• Editorial responsibility and independence of media service provider should be safeguarded.

• Sponsorship is taboo for certain categories: news and current affairs.

• Audience may not be encouraged to buy products or services of sponsor by specific recommendations or otherwise.

• To inform the audience sponsor has to be identified in neutral manner.

Sponsorship: implementation NL

Private broadcasters and PSM:

• Sponsorship: contribution to financing of programme by company or person with aim to contribute to creation, purchase or distribution of programme.

• Editorial statute in which independence of programme makers is guaranteed.

• Only whole programme can be sponsored, not single parts.

• Forbidden for news, current affairs and political information.


Stricter rules for PSM: • Only allowed in specific categories: cultural

programmes, educational programmes, reports or registrations of sports events and charity events.

• Programmes aimed at children younger than 12 years are not allowed to be sponsored.

• Sponsor contribution must be confirmed in written contract.

• In case of financial contribution sponsor products are not allowed to be shown during programme.

• Less promotional identification of sponsorship: max 5 seconds, not moving and not full screen.


Identification of sponsorship:

• Private broadcasters and PSM: obliged at beginning and/or end of programme.

• Private broadcasters: possible also at beginning and/or end of commercial break.

• Neutral identification by name, logo or other distinctive sign.

• Per sponsor only 1 name/logo or other sign.• Accompanied by reference like “This programme

has been made possible by…”


Not allowed during identification of sponsorship:

• Mentioning positive qualifications.• Using slogans encouraging audience to buy

products or services.• Using tunes known from advertising campaigns.• Mentioning address, telephone and fax number.

These references will be seen as forbidden surreptitious advertising or advertising messages.

Product placement: legal framework EU

• Definition: inclusion of or reference to product, service or trade mark within a programme in return for payment or similar consideration.

• Only allowed in certain categories of programmes: cinema works, films and series made for TV, sports & light entertainment programmes.

• Product placement of tobacco (related) products and medical products and treatments forbidden.

• Editorial responsibility and independence of media service provider should be safeguarded.

• Audience may not be encouraged to buy products/services by specific recommendations.

Product placement: legal framework EU

Identification of product placement is considered to be very important in order to avoid confusion of audience:

• At beginning and end of programme. • When resuming after commercial break.• Identification should be appropriate.• Requirement can be waived in case programme

containing product placement has not been produced or commissioned by broadcaster (like programmes produced and purchased abroad).

Product placement: implementation NL

• NL were criticized by EC for waiver of qualitative requirements product placement in case programme containing product placement has not been produced or commissioned by broadcaster (like programmes produced and purchased abroad).

• It was not deemed reasonable and practical to check US produced programmes on undue prominence.

• But according to AVMS Directive exemption only possible for identification requirement; NL had to amend its implementation legislation.


• General prohibition for PSM.• For alcoholic beverages not allowed between

06.00 and 21.00.• Product placement needs to be identified at

beginning and end of programme and when resuming after commercial break.

• Product placement must be identified by reference: “This programme contains product placement”.


• Editorial statute in which independence of programme makers is guaranteed.

• The way the product or service is shown or mentioned is embedded into the plot (action or story line) of a programme

• Audience not directly encouraged to buy products or services by specific recommendations.

• The product or service should not receive excessive attention during the programme.


Distinction between sponsorship and product placement:

• In case of product placement the product or service which is shown or mentioned is integral part of the plot (action or story line) of the programme.

• Payment or similar consideration is direct compensation made for showing or mentioning product or service, in case of sponsorship contribution is made to programme in general.

Sponsorship and product placement: implementation NL

Sponsorship & product placement not allowed in:

• Political information• News and current affairs

Definitions in policy guidelines Dutch CvdM:

Political information: Programme offer which reports on politicians (and their opinions), political parties and political decisions.


Definitions in policy guidelines Dutch CvdM:News and current affairs: Programme offer which is broadcast frequently, at least once per week, reporting on events of not longer than 7 days ago.

Actual information on sports, culture and entertainment is not considered to be news and may be sponsored.

Traffic information and weather forecast are not considered to be news and may be sponsored.


Definitions in policy guidelines Dutch CvdM:

Programme: • Clearly distinguished from preceding and

following programme.• Recognizable for average audience as

programme and content.• Format is different from preceding and following

programme.


No sponsorship and product placement: contribution by: • Governmental or other public institutions which

do not run a commercial enterprise (like scientific, cultural, religious, politic of charity purposes).

• The media service provider which broadcasts the sponsored programme.

• The co-producer which is involved in the production of the sponsored programme.

• Mentioning these contributions at beginning or end of programme is allowed.


No sponsorship or product placement: contribution in goods or services which cannot be identified by viewer which:

• are borrowed from a third party or• which have a value of secondary interest

compared to the total costs of the programme, provided for TV not higher than €1000 and for radio not higher than €500.

Usually these contributions are the so called props, like furniture, clothes.

Forbidden sponsorship categories:

• Alcoholic products: France, Italy, Norway, Sweden, Switzerland, Macedonia (except for beer and wine).

• Children programmes: Norway, Sweden, UK (when sponsor is producer of HFSS product).

Implementation other countries


Other sponsorship restrictions some European countries have:

• Belgium: sponsorship not allowed 5 minutes before and after children programme.

• Denmark: no sponsor products in children programmes.


Product placement:

• First countries in EU which adopted guidelines: Belgium, France and Germany.

• Countries which wanted to not allow product placement in first instance: Denmark and UK.

• Meanwhile all EU MS have allowed product placement.


Forbidden categories for product placement:

• Current affairs, religious programmes, advice and consumer programmes: UK and Germany.

• Cultural and educational programmes: French speaking community of Belgium.

• All programmes of PSM: the Netherlands, Germany, Bulgaria, Slovenia.


Product placement identification, variation possible on: • Type of logo • Size• Positioning on screen • Duration• Additional text• Familiarization period• Audio signal

UK FR

BE CZ

DE


Product placement identification:• PP logo: Belgium, France, UK (2 options), Czech

Republic, Bosnia & Herzegovina.• Belgium, France: several months period to let

audience get used: logo AND explanation, after that only special logo.

• PP logo and additional text: Germany, Romania.• Written signalling (billboards): Denmark, NL.• Scrolling text over the screen: Macedonia.• List of trademarks/logos in programme credits at

end of programme: Ireland.


Product placement identification


Showing logos and trademarks in product placement identification:

• France: forbidden.

Most EU countries allow to mention not only the sponsor but also the product, provided the sale of product will not be encouraged.


Special conditions regarding sponsorship identification:

• No advertising slogans: France, Norway.• No contact information of sponsor: Sweden.• Not displaying product or service of sponsor:

France, Sweden.• No moving images: NL (for PSM), Denmark (for

children programmes).• Time limits for moving images: Norway, Denmark

(10-30 s), NL (5 s), Belgium (5-10 s).


Thematic placement: rather vague concept:• Ireland: tailoring of storylines around specific

theme, eg beliefs, policies, aims and objectives of the product placer, usually recognizable by undue prominence, lack of editorial justification.

• Germany: integration in programmes of promotional statements in return for payment or similar consideration with aim of making profit, especially of economic, political, religious or ideological kind.

• Israel: practical cases of insurance company, immediate advertising after programme.


Notion of significant value:

• No definition: Belgium, Czech Republic, France, Lithuania, Norway, Poland, Romania, Slovakia.

• No difference between product placement and props: Belgium (CSA), France, Greece, Romania.

• General provisions (value more than trivial): Denmark, UK, Sweden, Slovenia.

• Fixed amounts: Switzerland, Germany, Ireland and NL, amounts ranging from €1000 (Denmark, NL) to €5000 (Switzerland, Ireland).

UK: Ofcom Code Rule 9.22:

Sponsorship credits broadcast around sponsored programmes must not contain advertising messages or calls to action. Credits must not encourage the purchase or rental of the products or services of the sponsor or a third party. The focus of the credit must be the sponsorship arrangement itself. Credits may include explicit reference to the sponsor’s products, services or trade marks for the sole purpose of identification.


UK: Ofcom Code permits explicit reference (oral or visual) to a sponsor’s product in sponsorship credits provided it serves the sole purpose of identification of sponsor and/or sponsorship arrangement.

Credits should make clear: • the identity of the sponsor by reference to its

name or trade mark; and • the association between the sponsor and the

sponsored content.



Sponsorship credits broadcast during programmes must not be unduly prominent. Such credits must consist of a brief, neutral visual or verbal statement identifying the sponsorship arrangement. This can be accompanied by only a graphic of the name, logo, or any other distinctive symbol of the sponsor. The content of the graphic must be static and must contain no advertising messages, calls to action or any other information about the sponsor, its products, services or trade marks.



Several RA’s have developed guidance/indicators on undue prominence during sponsored programmes and/or programmes that contain product placement.

Switzerland BAKOM:• Product placement must be in accordance with the course of action.• Product must not be placed in unduly prominent manner.• No accumulation of individual product placements which are permitted per se.


Several RA’s have developed guidance/indicators on undue prominence during sponsored programmes and/or programmes that contain product placement.

UK: Ofcom Code Rule 9.9: References to placed products, services and trade marks must not be promotional.• Where a product, service or trade mark is

included in a programme as a result of a product placement arrangement, a positive reference to it, whether in vision or audio, is likely to be perceived to be promotional in intention.


UK: Ofcom Code Rule 9.10: Factors that are likely to be considered promotional: • encouragements to buy (either direct or indirect)• advertising claims; • price or availability information; • references (either explicit or implicit) to the

positive attributes or benefits of the placed product, service or trade mark;

• slogans associated with the placed product, service or trade mark;

• endorsements (either explicit or implicit).



• Is the placement easily accommodated editorially, or do significant changes have to be made to integrate the placement?

• Will viewers be likely to perceive the placement as natural and in line with the programme’s format?

• Does any repetition of reference to the product, in vision, sound or both lead to distorting of editorial content?

Session 3: Surrepttious advertising and undue

prominence


Surreptitious advertising & undue prominence: legal framework EU

Article 1, (j) AVMS Directive:surreptitious audiovisual commercial communication’ means the representation in words or pictures of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the media service provider to serve as advertising and might mislead the public as to its nature. Such representation shall, in particular, be considered as intentional if it is done in return for payment or for similar consideration;

Surreptitious advertising & undue prominence: implementation NL

So the EU Directive definition includes 2 elements:1. Misleading nature and effect on viewer2. Intention of media service provider

In Dutch Media Act only element of intention is literally incorporated in legal definition. Misleading is considered to be subjective and hard to prove.

Assumption of intention will be based on circumstances of case: payment, excessive nature. Case-to-case approach but some general indicators are laid down in policy guidelines.


Use of (sponsor or product placement) products in programmes should be neutral and not take place in a promotional context. Otherwise there will be undue prominence and/or surreptitious advertising.

This means not allowed are:1. Providing sales information like prices and shop locations.2. An encouragement to buy or rent or recommendation by using specific positive product qualifications.3. The use of publicity campaign material.


4. The product or service receives excessive attention during programme by:• Too much emphasized references or displays of

products or services.• Long or frequent descriptions, references or

displays of products or services.• Zooming in and out on products or services.• Full screen images of products or services.• Insufficient distinction between programme and

advertising spot.• Subjective positive references to products or

services.


• The criteria mentioned before only apply to products and services, regardless there is a case of sponsorship of programme, product placement or neither of them.

• When it comes to sponsorship and product placement the logo or brand of company or product may only be shown during the sponsorship/product placement identification and in the title of the programme.

• Showing a logo or brand during a programme will be considered as surreptitious advertising, unless a neutral display of the logos of an event sponsor which are already present on location.


Besides sponsorship of programmes there is sponsorship of events broadcasted on TV: • It should be an event which is not predominantly

meant to be broadcast on TV. • The sponsor of the event can be mentioned at

beginning and/or end of programme and at beginning or/end of commercial break (private broadcasters).

• If the name of the event carries the name or logo of the event sponsor than the title of the programme may include also the name or logo of the event sponsor.


• During registration of sponsored - usually cultural or sports - events it is simply impossible for the broadcaster to avoid showing logos and other advertising of event sponsors which are already present on location.

• Decisive: are commercial references shown in a too dominant way? They should not be shown more often and longer than is necessary for a proper registration of the event. Otherwise it will be considered as undue prominence resulting surreptitious advertising. So close-ups, zoom ins and outs should be avoided. Also insertion of logos by broadcasters is not allowed.


In general the following promotional references will not be seen as surreptitious advertising or undue prominence:• Advertising which simply cannot be avoided

(street view, advertising at sports events).• Showing or mentioning products in neutral way

which fits in the context & format of programme. • In informational or educational programmes also

logos or brands can be shown.• In review programmes specific recommendations

and positive qualifications are allowed (books, DVD’s, films, concerts, theatre).


Several RA’s have developed guidance/indicators on undue prominence:

Ireland BAI:• Is inclusion of product/service editorially justified?• Presentation: movements of camera and shots.• Explicit mention of positive aspects of product.• Reproduction advertising content or slogans.• Accumulated presence of products/services.



Belgium CSA:• Absence of pluralism in presentation of goods.• Frequent quotation and /or showing goods.• Giving contact details.• Absence of any critical distance.• Other indicators related to specific programme genre.



Czech Republic RRTV:• Unjustified, out-of-context references to a product.• Accentuating and praising product’s qualities.• Undue prominence of 1 product.• Displaying seller’s or service provider’s contact details.• Visual promotion without dramaturgical, directorial or editorial reason.



UK:

Ofcom Code Rule 9.5: undue prominence for product, service or trade mark is strictly forbidden; this may result from:• the presence of, or reference to, a product,

service or trade mark in programming where there is no editorial justification; or

• the manner in which a product, service or trade mark appears or is referred to in programming.

Session 4: New advertising techniques


New advertising techniques: legal framework EU

New advertising techniques are addressed in Interpretative Communication on Advertising of the European Commission 2004:• Clear separation between editorial and

commercial content is key requirement regardless the technique or platform that is used

• How new are these advertising techniques since Communication is already 10 years old?

• Not all provisions are still valid due to new AVMS Directive adopted in 2010, for instance the 20 minutes interval between 2 advertising breaks has been abolished meanwhile

New advertising techniques: implementation NL

Policy guidelines Dutch CvdM:

• Definition split screen advertising: advertising and editorial content placed at same time and parallel in one image.

• Only allowed for private broadcasters; for PSM split screen advertising is taboo.

• Only allowed in live reports and registrations of sports and other events.

• Is included in the calculation of the total amount of advertising.


Further requirements split screen advertising policy guidelines Dutch CvdM:

• Advertising has to be included in still frame which is not part of programme and has size of max 2/3 part of whole screen image.• Permanent visible clear identification like ‘advertising’, ‘commercial’ or ‘teleshopping’ or similar references.• The editorial part of the programme is fully visible and is broadcast integral and without breaks.



• Virtual advertising is allowed during (sports) events if used in same manner and on same location to replace existing advertising.• It should not affect integrity of programme and viewer’s experience.• Excessive use could lead to undue prominence.



• Video overlay advertising (popular on internet) not allowed because distinction between commercial and editorial content is affected.

• Rules apply as well to on-demand media services (often online) but not to pages of websites of private broadcasters.

New advertising techniques: cases NL

• Virtual advertising:

Description: virtual advertising during broadcast of football match.

Judgement: The following digitally inserted advertising is allowed in the Netherlands because it is positioned more or less on the same location where real existing advertising is present.

New advertising techniques: cases NL

New advertising techniques: cases

• Virtual advertising:

Description: virtual advertising during broadcast of football match.

Judgement: The following digitally inserted ads would not be allowed in the NL and most likely nowhere in EU. They are far too excessive and clearly infringing integrity of programme.

.




• Video overlay advertising:

Example: video overlay advertising, common on internet but will appear more on smart TV too.

Judgement: in NL would not be allowed because not enough separation from editorial content.

New advertising techniques: Connected TV

Connected TV:

• TV meets the internet on 1 screen.• Smart TV have portals with internet based apps

especially designed for TV.• In most countries private broadcasters and PSM

will use HbbTV standard for enrichment of programmes; stats, archive, social media use.

• What will happen with traditional platform operators like cable when fast internet connection will be sufficient to receive a lot of on demand and linear TV services?


Connected TV: the melting pot• Different types of parties on 1 screen:

broadcasters, app developers, telecom incumbents, internet giants (Google en Facebook), TV manufacturers (Samsung, Philips, LG).

• Different types of content on 1 screen: linear TV, on-demand video, websites.

• Different types of advertising on 1 screen: isolated commercials, split screen, pre-roll, mid-roll & post-roll ads, video overlay advertising, static and animated banners.


Connected TV: questions and issues• Protection of integrity of original content of

broadcasters; others can insert advertising.• Which rules and who is responsible and

accountable for what kind of service or ads? • Viewers might be lost: do they understand which

protection they can rely on for what content?• Online piracy can come to the TV screen.• Access issues: who gets access to the apps

portal: TV manufacturer will be new gatekeeper.• Do we need must carry obligation for PSM?

Session 5: Content of advertisements


Content of advertising: implementation NL

• The rules regarding content and nature of advertising are not laid down in the Dutch Media Act but in the Dutch Advertising Code.

• Code set up by the Advertising Code Foundation.• Complaints about content advertisements are

dealt with by the Advertising Code Commission.• Self-regulation: industry is represented in

Advertising Code Foundation.• Co-regulation: broadcaster is only allowed to

include advertising in its channel when it is affiliated with the Advertising Code Foundation.

In general Advertising Code basic requirements of the AVMS Directive have been laid down like:

• Advertising should not be misleading.• Advertising should not disrespect human dignity.• Advertising should not be discriminating. • Advertising should not encourage behaviour

harmful to health and safety.• Advertising should not abuse or undermine

vulnerable position of minors.

• the Advertising Code Foundation• Complaints about content advertisements are

dealt with by the Advertising Code Commission• Self-regulation: industry is represented in

Advertising Code Foundation • Co-regulation: broadcaster is only allowed to

include advertising in its channel when it is affiliated with the Advertising Code Foundation


Besides the general Dutch Advertising Code there are Special Advertising Codes:

• Advertising code for games of chance offered by licensees.

• Advertising code for telephone information services.

• Advertising code for alcoholic beverages 2014.• Advertising code for food products.• Code for advertising directed at children and

young people.


Advertising code for games of chance offered by licensees:

• Advertising for games of chance shall only be aimed at a responsible participation and arousal of interest in the game of chance provided.

• Advertisements shall not encourage excessive participation in games of chance. Excessive participation is considered to be risky gaming behavior that may lead to games of chance addiction.


Advertising code for alcoholic beverages:

• Because irresponsible consumption of alcoholic beverages may cause problems, restraint must be observed in all advertising for these beverages.

• Advertising for alcoholic beverages may not display, suggest or encourage excessive or otherwise irresponsible consumption.

• Advertising for alcoholic beverages may not cause confusion as to the alcoholic nature and alcoholic percentage of the beverage.


Code for advertising directed at children and young people:• Persons starring in audiovisual programmes, who

are for that reason held to have influence on children and enjoy their confidence, are not allowed to star in audiovisual advertising.

• Advertising messages for telephone information services of an erotic or pornographic nature, implicitly or explicitly referring to services of that nature, shall not (also) be directed at minors nor use them for this purpose.



HFSS food: food high in fat, salt and sugar:

• Many MS have specific restrictions, often addressed in statutory codes (UK, Ireland) or self-regulation (Denmark, Belgium).

• Ban on advertising around children programming: UK (under age 16) and Denmark (under age 13).

• Not encourage pressure on parents to buy: UK, Ireland and Belgium.

• No use of celebrities: UK, Ireland and Romania.


• Irish BAI issues revised Rules on Food Advertising to Children.

• Ofcom reports on children’s increased exposure to alcohol advertising on TV.

for your attention

Documents

Workshop Commercial Communication Workshop Co Workshop Commercial Communication Belgrade, Media Center, 25 th of September 2014