HomeInsightsOfcom publishes Note to Broadcasters on advertising and programming broadcast simultaneously

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Ofcom explains that the Code on the Scheduling of Television Advertising (COSTA) contains rules that ensure advertising is easily recognisable from programming and does not negatively impact viewers’ experience.

Most commonly, advertising is shown during breaks in between programming. However, broadcasters may also transmit advertising and editorial material simultaneously, e.g. split-screen advertising, where both types of content occupy separate areas of the screen.

Ofcom reminds broadcasters that split-screen advertising is subject to the COSTA requirements in the same way as traditional advertising that appears in breaks. The Note provides broadcasters with additional guidance on the application of COSTA (specifically in relation to Rules 8 and Rule 9) when showing advertising and programming at the same time.

Rule 8 states: “Where television advertising or teleshopping is inserted during programmes, television broadcast must ensure that the integrity of the programme is not prejudiced, having regard to the nature and duration of the programme, and where natural breaks occur.”

Ofcom explains that when advertising is broadcast at the same time as a programme, it is not only important that viewers can easily differentiate between the content but also that the advertising does not impact negatively on the viewer experience. As set out in the Note, when determining whether advertising complies with Rule 8, Ofcom will consider the genre of programmes. It will also consider how intrusive the advertising is, taking into account:

  • how the advertising is delivered, e.g. whether visually, orally or both;
  • its duration; and
  • where it is positioned, e.g. whether it obscures a significant or important part of the programme content.

Rule 9 states: “Isolated television advertising and teleshopping spots, other than in the transmission of sports events, shall remain the exception.”

Ofcom explains that this rule limits the extent to which broadcasters can show a standalone advertisement, whether transmitted in between or at the same time as programme content. To comply with Rule 9, standalone advertisements can be broadcast only:

  • during coverage of sports events, e.g. in between rounds of boxing where there may be insufficient time for a traditional advertising break; or
  • in exceptional circumstances, e.g. when an advertising break comprises a single long advertisement.

To read Ofcom’s Note to Broadcasters in Issue 343 of Ofcom’s Broadcast and On Demand Bulletin 4 December 2017, click here.