AVMSD - Commercial Communications - Television advertising and teleshopping

Television advertising and teleshopping

Basic rules

Television advertising and teleshopping are subject to the basic rules in the updated directive, as types of audiovisual commercial communications.

However, they are also subject to a set of tighter controls than other types of audiovisual commercial communications.

Extra restrictions (Chapter VII)

Presentation and content

Advertising and teleshopping:

must be easily recognisable, distinguished as such by auditory and visual means (though this principle should not prevent the use of new advertising techniques).
should, where possible, not be isolated (apart from broadcast sports events).
are not permitted for prescription medication and tobacco products
for alcoholic drinks must comply with specific restrictions.

Quantity and frequency

Duration: clock

Advertising and teleshopping spots may not take up more than 20% of any given hour of broadcasting time.

Exceptions:

- broadcasters' announcements about their own programmes or ancillary products derived from them

- public service messages and charity appeals broadcast free of charge.
Teleshopping windows must last at least 15 minutes and be clearly identifiable.

Insertion:

Advertising and teleshopping:

should preferably be inserted between programmes – but where inserted during programmes, should not harm the integrity of the programme or rights holders' interests.
may be inserted during children’s programmes, films and news programmes only once in each scheduled period of at least 30 minutes.

Definitions:

"television advertising" means any form of announcement broadcast whether in return for payment or for similar consideration or broadcast for self-promotional purposes by a public or private undertaking or natural person in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, rights and obligations, in return for payment; Article 1(1)(i)

"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; Article 1(1)(l)

Detailed restrictions:

CHAPTER VII
Television advertising and teleshopping

Article 19
1. Television advertising and teleshopping shall be readily recognisable and distinguishable from editorial content. Without prejudice to the use of new advertising techniques, television advertising and teleshopping shall be kept quite distinct from other parts of the programme by optical and/or acoustic and/or spatial means.
2. Isolated advertising and teleshopping spots, other than in transmissions of sports events, shall remain the exception.

Article 20
1. Member States shall ensure, where television advertising or teleshopping is inserted during programmes, that the integrity of the programmes, taking into account natural breaks in and the duration and the nature of the programme concerned, and the rights of the right holders are not prejudiced.
2. The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 30 minutes. The transmission of children's programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 30 minutes, provided that the scheduled duration of the programme is greater than 30 minutes. No television advertising or teleshopping shall be inserted during religious services.

Article 21
Teleshopping for medicinal products which are subject to a marketing authorisation within the meaning of Directive 2001/83/EC, as well as teleshopping for medical treatment, shall be prohibited.

Article 22
Television advertising and teleshopping for alcoholic beverages shall comply with the following criteria:
(a) it may not be aimed specifically at minors or, in particular, depict minors consuming these beverages;
(b) it shall not link the consumption of alcohol to enhanced physical performance or to driving;
(c) it shall not create the impression that the consumption of alcohol contributes towards social or sexual success;
(d) it shall not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts;
(e) it shall not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light;
(f) it shall not place emphasis on high alcoholic content as being a positive quality of the beverages.

Article 23
1. The proportion of television advertising spots and teleshopping spots within a given clock hour shall not exceed 20 %.
2. Paragraph 1 shall not apply to announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes, sponsorship announcements and product placements.

Article 24
Teleshopping windows shall be clearly identified as such by optical and acoustic means and shall be of a minimum uninterrupted duration of 15 minutes.

Article 25
This Directive shall apply mutatis mutandis to television channels exclusively devoted to advertising and teleshopping as well as to television channels exclusively devoted to self-promotion.
However, Chapter VI as well as Articles 20 and 23 shall not apply to these channels.

Article 26
Without prejudice to Article 4, Member States may, with due regard for Union law, lay down conditions other than those laid down in Article 20(2) and Article 23 in respect of television broadcasts intended solely for the national territory which cannot be received directly or indirectly by the public in one or more other Member States.