4H Editorial Independence : Sponsorship
[See Section Nine of the Code - page 49]
A sponsored programme (which includes advertiser supplied programmes) is one which has had some or all of its costs met by a ‘sponsor' with a view to promoting itself or its products or services, or those of another. A sponsor may be any public or private undertaking, including charities (but see below for prohibited and restricted sponsors).
Sponsorship deals are now commonplace and are a legitimate way for commercial broadcasters to increase revenue for their programme-making activities. However, to ensure that programmes remain editorially independent and that sponsors do not encroach upon the editorial integrity of the programmes they are sponsoring, the following rules apply.
Content which Cannot be Sponsored
Only news and current affairs programming may not be sponsored. The Code defines "current affairs programming" as programming which "... contains explanation and analysis of current events and issues, including material dealing with political or industrial controversy or with current public policy".
Prohibited and Restricted Sponsors
Programmes cannot be sponsored at all by organisations that are prohibited from advertising on television e.g. the tobacco and pornography industries. For further details see the TV Advertising Standards Code at www.asa.org.uk.
EditoriaL Independence
Broadcasters must retain editorial control of all their programmes including sponsored programmes.
Promotional References to Sponsor Prohibited
Sponsored programmes must not contain any promotional references (i.e. references which would encourage or are intended to encourage the purchase or rental of a product or service) to the sponsor, its activities or products or services, including generic references to a type of product or service. In addition, the sponsor must also not have any other direct or indirect interest in the editorial content of the sponsored programme. References that are non-promotional are permitted but only where they are editorially justified and incidental.
Programme-makers and editorial staff at the broadcaster should always ascertain whether the programme they are making is to be sponsored. No references to the sponsor or its products or services should be made within any sponsored programme without first seeking advice from the programme lawyer.
Sponsorship Credits
Sponsored programmes must be identified as such either at the beginning or end of the programme. This can be done visually, verbally or both. The relationship between the sponsor and the sponsored programme must be transparent. Sponsorship credits and/or integrated title sequences must be clearly separated from programmes and from advertising. Sponsorship credits must not contain advertising messages or calls to action. In particular, credits must not encourage the purchase or rental of the products or services of the sponsor or a third party. If a trail for a programme contains a reference to the sponsor, it must remain brief and secondary.
Coverage of a Sponsored Event
If a programme is covering a sponsored event e.g. the Orange British Film Academy Awards, The Brit Awards with Mastercard, Shockwaves NME Awards, or a sporting occasion e.g. the Artois Championships (tennis), the Carling Cup (football), there must be no undue prominence given to the event sponsor, its products or services (see ‘Undue Prominence' above). The appearance of any logos must arise naturally and incidentally from coverage of the event itself, e.g. participants' branded clothing, hoardings, advertising, banners. Any other editorial content associated with the event but which occurs away from the event should not generally include visual or verbal references to the event sponsor. Furthermore, the programme's presenters should never wear any clothing which is branded with the event sponsor's name or logo.
Any plans to include the event sponsor's name or logo in the programme's titles sequences, break bumpers, or in captions/astons should be referred to the programme lawyer for advice. All references must be editorially justified and regard must be had to the cumulative effect when all references are taken together.
Where the event sponsor is also the programme sponsor (i.e. the event sponsor has also contributed to the programme's production costs with a view to promoting itself) e.g. Swarovski's Fashion Rocks, the following additional rules also apply:
- Any reference (actual or generic) to the programme sponsor or the programme sponsor's products or services must be incidental, non-promotional and there must be editorial justification for its inclusion. This does not preclude incidental shots of the sponsor's on-location branding that occur as a result of filming the event, but there should be no branding, or references to the programme's sponsor, outside of coverage of the actual event itself without editorial justification. A reference to the sponsor within a programme may create
a higher presumption of editorial influence by the sponsor. - The programme/event sponsor's name may appear in the title of the programme and in title sequences, break bumpers and in caption/astons. However, advice should be sought in advance from the programme lawyer to avoid giving the brand in question undue prominence.
- Reference to the sponsor within a programme must not be a condition of the sponsorship arrangement, otherwise this would amount to product placement, which is prohibited (see ‘Product Placement' above).
- The sponsor cannot ‘place' their branding within programmes they are funding. Programme-makers/broadcasters must keep sole control of the way in which the event is filmed and the way in which references to the sponsor are included in the broadcast programme. To avoid problems and having to edit or pixelate footage, programme-makers should seek early advice from the programme lawyer on what will be and what will not be acceptable.
Note: a sponsored event cannot be ‘created' for television and covered in the way described above. The event must exist independently of the television coverage i.e. it would happen regardless of whether the event was to be televised. For example, it could be argued that the Big Brother finale is ‘an event' in itself. However, whilst the Big Brother series could be sponsored in the normal way (with sponsorship titles, credits and part bumpers), the ‘event' that is the final programme could not i.e. a sponsor would not be able to have its name or branding on set in and around the Big Brother studio. This rule is to prevent advertisers simply creating events solely in order to get their name and branding within programme time. If in doubt, seek advice from the programme lawyer.