OpenLegislation

Section 368F AdvertisingF1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Advertising of the following products is prohibited in on-demand programme services—

(a)

cigarettes or other tobacco products;

(F2aa)

electronic cigarettes or electronic cigarette refill containers;

(b)

any prescription-only medicine.

(F32)

Advertising of alcoholic drinks is only permitted in on-demand programme services if—

(a)

it is not aimed specifically at persons under the age of eighteen, nor does it, in particular, depict such persons consuming alcoholic drinks;

(b)

it does not link the consumption of alcohol to enhanced physical performance or to driving;

(c)

it does not create the impression that the consumption of alcohol contributes towards social or sexual success;

(d)

it does not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts;

(e)

it does not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light; and

(f)

it does not place emphasis on high alcoholic content as being a positive quality of alcoholic drinks.

(3)

Advertising included in an on-demand programme service—

(a)

must be readily recognisable as such, and

(b)

must not use techniques which exploit the possibility of conveying a message subliminally or surreptitiously.

(4)

Advertising included in an on-demand programme service must not—

(a)

prejudice respect for human dignity;

(b)

include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;

(c)

encourage behaviour prejudicial to health or safety;

(d)

encourage behaviour grossly prejudicial to the protection of the environment;

(e)

cause physical F4, mental or moral detriment to persons under the age of eighteen;

(f)

directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;

(g)

directly encourage such persons to persuade their parents or others to purchase or rent goods or services;

(h)

exploit the trust of such persons in parents, teachers or others; or

(i)

unreasonably show such persons in dangerous situations.

Annotations

Textual amendments

F1

Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2

F2

S. 368F(1)(aa) inserted (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 46(2)

F3

S. 368F(2) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 33(a) (with Pt. 7)

F4

Word in s. 368F(4)(e) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 33(b) (with Pt. 7)

Notes on Chapter 2

Textual amendments

F2

Pt. 4A Ch. 2 heading inserted (23.8.2024) by Media Act 2024 (c. 15), ss. 37(5), 55(3)(d); S.I. 2024/858, reg. 2(1)(o)