Advertisements

1. Advertisements

‘Advertising’ in this Code refers to any items, including spot advertisements and promotions with advertisers, which are broadcast in return for payment or other valuable consideration to a licensee or which seek to sell to listeners any products or services. It does not cover product placement or sponsorship. Ofcom requires adherence to this Code for the content of sponsorship credits.  'Special Category' sponsorship credits are cleared for broadcast by the Radio Advertising Clearance Centre (RACC).  See Rule 3 below.

This Rule excludes promotion of radio stations’ own-branded activities, goods and events (such as websites, T-shirts and concerts) which enhance listener involvement and are not designed to make a profit or promote commercial partnerships.

Radio advertising should be legal, decent, honest and truthful, and these Rules should be applied in spirit as well as in the letter.

Licensees must make it a condition of acceptance that advertising complies fully with all legal requirements. Advertising for an acceptable product or service may have to be withdrawn if the ASA or BCAP considers that a significant effect is indirectly to publicise an unacceptable product or service.

2. Product Placement and Undue Prominence

The setting of standards and the investigation of complaints in relation to product placement and undue prominence have not been contracted out to BCAP and the ASA and remain matters for Ofcom.  The ASA refers complaints about product placement and undue prominence to Ofcom.

3. Sponsorship

The setting of standards and the investigation of complaints in relation to programme sponsorship (including promotions funded by advertisers) have not been contracted out to BCAP and the ASA and remain matters for Ofcom.  The ASA refers complaints about programme sponsorship to Ofcom.

Ofcom’s sponsorship rules are published in the Ofcom Broadcast Code, which is available at www.ofcom.org.uk.  All sponsorships which involve special category sponsors must be scripted and submitted to the RACC for central copy clearance.  All claims which need substantiation must be cleared locally or by the RACC (for special categories).  All sponsorships must comply fully with the requirements of this Code.

4 Compliance and Advance Clearance of Advertisements

4.1 Compliance

All compliance matters (copy clearance, content, scheduling etc) are the ultimate responsibility of each Licensee. This is the case whether or not advertising also requires central clearance.

4.2 General Clearance

Stations must ensure that all advertisements are cleared in advance of broadcast, either by the Radio Advertising Clearance Centre (RACC) or by stations themselves, as outlined below.

4.3 Scheduling

Scheduling of all advertising is the ultimate responsibility of each Licensee. Advertising must be scheduled appropriately, and in accordance with the Rules in this Code. The ASA and BCAP also expect stations to follow RACC scheduling warnings, where appropriate.

4.4 Repeat campaigns

Stations should ensure that previously approved copy is not re-run for subsequent campaigns without checks to ensure that all claims are still accurate. Copy which was originally RACC-cleared and is six months old or more needs to be re-submitted to the RACC for consideration (and new clearance numbers).

4.5 Station Copy Clearance

Advertisements which do not fall into the special categories listed below (and which are only broadcast by one station or in one particular locality) must be cleared for broadcast by the relevant staff at the station concerned. Advertisers should contact the relevant station for further details or guidance. Substantiation of factual claims made by advertisers and other supporting evidence must be held on file by the station(s) concerned.

4.6 Central Copy Clearance

‘Special categories’ of advertisement (whether for broadcast locally, regionally or nationally) need particular care. They must be sent to the RACC for central clearance.

To provide both consistent standards and ease of use of the medium, the RACC has also assumed responsibility for the clearance of ‘national’ advertisements (those sold/broadcast nationally across the network).

4.7 The Special Categories are:

4.8 Requirements for Central Clearance

One copy of the draft, pre-production advertisement must be faxed, emailed or sent by post to the RACC at:

fax 020 7306 2645 e-mail adclear@racc.co.uk

Radio Advertising Clearance Centre, The Radiocentre, 77 Shaftesbury Avenue, London W1D 5DU

Telephone 020 7306 2620 further details on the RACC website www.racc.co.uk

4.9 Requirements for Scripts

Scripts must be accompanied by the name of the script submitter; his/her telephone and fax numbers; the full name of the advertiser; the brand name of the advertised product or service; the title of the advertisement; the length of the advertisement; the name(s) of the relevant station(s) if known.

Time will be saved if scripts are also accompanied by full details of the product or service being advertised; satisfactory substantiation for all factual claims made and clear return contact details.

Centrally cleared scripts will be checked against the requirements of this Code and, when approved, will be given an RACC clearance number and further advice issued, which may be mandatory.

Stations or their sales houses must hold a record of centrally cleared scripts and clearance numbers. This is their only means of knowing or confirming that their scripts have been centrally cleared. Final output need not normally be sent to the RACC but stations must take responsibility to ensure that only RACC-approved output, where applicable, is broadcast.

When the ASA feels a complaint is justified, it can take action with the Licence Holder concerned.  BCAP can raise and investigate a challenge with the Licence Holder if it finda s potential breach when monitoring.  The ASA can require that the commercial be withdrawn immediately or amended; it can also ask that advertising is suspended while investigations are carried out. Additionally, in more serious cases, Ofcom can apply sanctions to licensees who break the rules. Ofcom can issue a formal warning and can request a broadcast correction or statement of findings or impose a penalty which may include a fine or the shortening, suspending or taking away of a station’s licence to broadcast.

Complaints are also held on record, and may attract adverse publicity for the station. The ASA publishes adjudications weekly on its website, www.asa.org.uk.