# Communications Act 2003, Section 368F: Advertising

Extent: E+W+S+N.I.

(1) Advertising of the following products is prohibited in on-demand programme services—
(a) cigarettes or other tobacco products;
(aa) electronic cigarettes or electronic cigarette refill containers;
(b) any prescription-only medicine.
(2) 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 , 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.

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Source: https://www.legislation.gov.uk/ukpga/2003/21/section/368F (the official version)
Page: https://openlegislation.uk/communications-act-2003/section-368F
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.