4H Editorial Independence : Editorial Independence and Commerical References Within Programmes FAQ's
Q. What's the difference between undue prominence and product placement?
A. "Undue prominence" occurs when there is insufficient editorial justification for the degree of prominence (verbal and/or visual) given to a commercial name, logo, product or service in a programme e.g. viewers get the impression that a programme is plugging a particular commercial product or service. "Product placement" is an even more serious breach, which occurs when a producer or broadcaster receives a payment or benefit (in cash or in kind) to include a verbal and/or visual reference(s) to a commercial name, logo, product or service in a programme.
Q. How can I stop guests wearing branded clothing, particularly celebrities?
A. This can be a sensitive matter, which needs to be raised diplomatically but clearly at an early stage. Programme-makers should explain the broadcaster's obligation under the Code to avoid undue prominence. If all else fails, creative shooting and editing, with close-ups on the face, framing logos out of shot, pixelation and even editing material out may be required.
Q. A company is willing to supply the programme with ‘freebies'. Can they be given a programme credit?
A. This depends on the nature of the programme and what the items are. If they are unusual and expensive objects or services which are editorially important to the programme, then a simple "with thanks to" credit at the end of the programme is likely to be permissible or, alternatively, identification of the items or the company providing them within the programme may be allowed, if editorially justified and not too prominent. However, both cannot be given. It is also usually permissible to give a "with thanks to" end credit to, for example, tourist boards or public bodies who have assisted with filming.
Q. Can advertisements be included in programmes?
A. Yes, providing it is clearly understood to be an advertisement or extract from an advertisement, its inclusion is editorially justified in the particular context and undue prominence to the product or service is avoided.
Q. What is a sponsored programme and why does it matter?
A. A programme is considered to be sponsored if a third party has contributed towards the cost of making or broadcasting the programme. That can either be by paying the broadcaster or producer a significant sum of money for the privilege of elaborate sponsor credits before and after the programme (and in and out of the ad breaks as well); or it can arise from an informal contribution to the programme producer's budget (this should be discussed first with the department at the broadcaster which deals with sponsorship). In both cases, there is an obligation for that sponsorship to be made clear to viewers and there must be no promotional reference (verbal or visual) to the sponsor in the programme. Sponsors may be credited as prize donors or have their products/services as prizes in viewer competitions in programmes they are sponsoring, but particular care needs to be taken to ensure that the degree of prominence is justified. Advice should be sought at an early stage.
Q. Is it permissible to mention that the presenter of a programme has a book published which is "available in all good bookshops"?
A. It depends on the connection between the programme and the book, and what role the broadcaster has had in its production. Programme-related material (books, magazines, DVD's, web sites etc.) can be promoted on air if it is "directly derived from a specific programme" and the broadcaster has "responsibility" for the programme-related material. However, if the book in question did not fall within the definition of programme- related material e.g. the book was an autobiography of the presenter, published independently of the broadcaster, it could not be promoted within or around the programme. This can be a tricky area and advice should be sought from the programme lawyer.
Q. A car manufacturer has offered us a top of the range car as a prize for a viewer competition. Is this permissible?
A. Commercial products and/or services can be given away as prizes in viewer competitions in programmes and in presentation time, providing the commercial references (verbal and visual) are "brief and secondary". Programmes should not promote the product or service and should describe it without giving it undue prominence. As a guide, two combined verbal and visual references to the commercial names per programme part is permissible. Advice should be sought from the programme lawyer on the cumulative effect of such references occurring in more than one part.
Q. Can broadcasters promote their other commercial channels, video on demand, mobile services and websites?
A. Yes. Ofcom rules on cross-promotion clarify that broadcasters can do so within presentation time (but not within programmes), providing the service is "broadcasting-related" i.e. that the service delivers content similar to that delivered on a television or radio service. Some material e.g. websites or references to a programme showing on another channel, may be both broadcasting-related as well as programme-related.
Possible examples include a television channel; a radio station; video-on-demand; content delivered over a mobile or broadband platform; a website that provides content clearly and directly related to a broadcasting-related service e.g. a channel's own website.
When promoting the service, in which the broadcaster must usually have at least a 30% interest, broadcasters can also refer to the commercial names of the platform the service is carried on, providing the promotion mentions all of the platforms the service is on and does so equally.
Note: there are exceptions for platforms with less than 500,000 customers. Seek advice from the programme lawyer.