Annex A - Rules for Interactive Enhanced Programme Services

This Annex sets out the rules Ofcom expects licensees to follow in providing interactive enhancements to programme services. These rules are based on analogous requirements in Ofcom’s codes for the content of linear services, and are designed to protect programme integrity.

Any method of indicating that interactivity is available is referred to here as an “interactive icon”.

Licensees’ general responsibility.

1        The Ofcom licensee is required to retain full editorial responsibility

(a) for any interactive icons the licensee has caused to be present during the course of editorial programmes;

(b) for all editorial programme enhancements, whether on initial or subsequent enhancement screens;

(c) for all advertising contained on the first screen accessed after the first choice to interact; and

(d) for all screens containing enhancements – whether advertising or editorial programming – over which they exercise control.

Note:

The ITC takes the view that advertising exposed as a direct result of choosing programme enhancement material has not been requested by the viewer and so is the equivalent of advertisements appearing during linear programmes.  This ‘first click’ content is therefore subject to the same compliance requirements as an advertisement in the breaks in linear programmes. Beyond the ‘first click’, this rule applies only to content clearly designed as a programme enhancement and within the licensee’s own control.

Viewer Transparency

2        The status of different types of content should be transparent to the viewer. Where access is provided to content that has a connection with the programme or which looks like editorial material but over which the licensee cannot assert editorial control, the viewer must not be misled into believing that such material is within the licensee’s control.

Note:

Ofcom recognises that links may be provided to material which resides eg on an Internet site or a third party server. It does not expect licensees to exert control over such content.

3          Advertisements appearing in conjunction with programme enhancements must

(a) be clearly distinguishable as advertisements; and

(b) be recognisably separate from all editorial content.

4          Where a viewer will incur any cost through choosing to interact (eg from a telephone call), this cost must be made clear.

Commercial content linked to programmes.

5        No interactive icon present during the course of editorial programming may

(a)  be commercially branded; or

(b) be moved or placed by the broadcaster in conjunction with any part of the editorial content, if the resulting interactivity to which it leads contains commercial information related to the editorial. 

Note:

This rule does not prevent the icon being branded with the identity of the editorial content provider or the interactive service provider. Nor is it intended to prevent all offers for sale linked to a programme or the provision of a moveable icon in circumstances where it could provide a link to genuine editorial support material. Its aim is to prevent the presentation of interactive options in a way which could prejudice programme integrity, e.g. by encouraging the production of programmes designed purely as vehicles for selling products.

 Licensees should also be reminded of Ofcom’s rules on undue prominence (Programme Code Rule 10.6). These limit references to products or services to what can be justified by the editorial requirements of the programme itself, and set the requirement that no impression be created of external commercial influence on the editorial process.

The rule applies only to the activities of broadcasters – it does not apply to any icons placed on the screen eg by equipment manufacturers.

6        A choice to interact is not the same as a choice to receive advertising or offers for sale. No choice to interact with editorial programming may take a viewer at the first click to a site dedicated wholly to advertising content. When the viewer first chooses to interact with editorial, the destination must therefore offer some editorial programme enhancements. These may be coupled with links to commercial content, but there should be a clear indication that the next click will take the viewer into advertisements or offers for sale.

7          Interactive options may contain information about products related to the editorial content of a programme such as books, video or music. But these options must be treated as advertising rather than editorial material.

Note:

This is not designed to prevent licensees making references to such material in and around programmes under the terms of Section 10.3 of Ofcom’s Programme Code.

8          Within any programme enhancement, advertising which is not specifically selected by the viewer must not predominate over programme material.

Note:

Ofcom recognises that it is difficult to quantify screen area exactly but as a general rule will expect licensees to ensure that commercial messages do not fill more than one third of the screen in these circumstances.

9        No advertisement or other commercial content contained on an enhancement may be for a product or service that could not be transmitted in and around the programme in the linear environment.

News and current affairs programmes

10      No advertisement on an enhancement screen to a news or current affairs programme may be for, or contain any reference to, an advertiser, product or service referred to in, or otherwise connected with, the editorial content of that part of the programme where the interactive prompt resides.

Note:

For example, if a news or current affairs programme referred to a given advertiser then that advertiser may not advertise on any screen, or be referred to in any other advertisement, that will be seen if the viewer opts to interact with the news or current affairs programme.

11      No direct offers for sale may be provided on an enhancement screen to a news or current affairs programme.

Consumer advice programmes

12          Where a programme includes reviews or advice on products or services, no direct offers for sale of the products or services reviewed may be provided on an enhancement screen to the programme concerned.

Note:

This restriction is designed to exclude invitations to viewers to click into a direct offer for sale linked to the content of a ‘what to buy’ consumer advice programme. It does not exclude the provision of access to information about relevant products or services, or about the company concerned, nor does it exclude the provision of access to screens providing offers for sale provided these are not linked to the editorial content of the programme.

Children’s programmes

13      No advertisement or other commercial content contained on an enhancement to a children’s programme, or programme likely to have a significant child audience, may be for any product or service that could not be transmitted in or adjacent to that programme in the linear environment.

Note:

This means in particular that advertisements on enhancements to this class of programme may not contain direct offers for sale.

 Ofcom

November 2004.