Communications Act 2003

[F1 Prohibitions of product placement U.K.

Textual Amendments

F1 Sch. 11A inserted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 9

3. [F2 (1) Product placement falls within this paragraph if it is in a— U.K.

(a) children’s programme;

(b) news or current affairs programme;

(c) consumer affairs programme; or

(d) religious programme.]

(2) In sub-paragraph (1) “children’s programme” means a programme made—

(a) for a television programme service or for an on-demand programme service [F3 or a non-UK on-demand programme service that is a Tier 1 service], and

(b) for viewing primarily by persons under the age of sixteen.

Textual Amendments

F2 Sch. 11A para. 3(1) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 18(a) (with Pt. 7)

F3 Words in Sch. 11A para. 3(2)(a) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 3(5); S.I. 2024/858, reg. 2(1)(z1)

4. U.K. Product placement falls within this paragraph if it is—

(a) of cigarettes or other tobacco products;

(b) by or on behalf of an undertaking whose principal activity is the manufacture or sale of cigarettes or other tobacco products; F4 ...

[F5 (ba) of electronic cigarettes or electronic cigarette refill containers; F6 ...]

[F7 (bb) by or on behalf of an undertaking whose principal activity is the manufacture or sale of electronic cigarettes or electronic cigarette refill containers; or]

(c) of prescription-only medicines.

Textual Amendments

F4 Word in Sch. 11A para. 4(b) omitted (20.5.2016) by virtue of The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 45(2)(a) (with reg. 57)

F5 Sch. 11A para. 4(ba) inserted (20.5.2016) by virtue of The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 45(2)(a) (with reg. 57)

F6 Word in Sch. 11A para. 4(ba) omitted (1.11.2020) by virtue of The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 18(b) (with Pt. 7)

F7 Sch. 11A para. 4(bb) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 18(c) (with Pt. 7)

5. U.K. Product placement of alcoholic drinks falls within this paragraph if—

(a) it is aimed specifically at persons under the age of eighteen; or

(b) it encourages immoderate consumption of such drinks.

6. (1) Product placement falls within this paragraph if it is in a programme to which this paragraph applies and— U.K.

F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the product placement is of anything within sub-paragraph (2); or

(c) the product placement is otherwise unsuitable.

(2) The following are within this sub-paragraph—

(a) F9 ... cigarette lighters, cigarette papers or pipes intended for smoking;

(b) medicinal products;

(c) alcoholic drinks;

(d) infant formulae or follow-on formulae;

(e) a food or drink high in fat, salt or sugar;

(f) gambling services.

(3) This paragraph applies to—

(a) a programme that has been produced or commissioned by the provider of the television programme service in which it is included, or by a person connected with that provider, and that is not a film made for cinema; and

(b) a programme that has been produced or commissioned by any other person with a view to its first showing taking place in a television programme service [F10 that falls within section 211(2)].]

Textual Amendments

F8 Sch. 11A para. 6(1)(a) omitted (1.11.2020) by virtue of The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 18(d) (with Pt. 7)

F9 Words in Sch. 11A para. 6(2)(a) omitted (20.5.2016) by virtue of The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 45(2)(c) (with reg. 57)

F10 Words in Sch. 11A para. 6(3)(b) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 31 (with reg. 6) (as amended by S.I. 2020/1536, regs. 2, 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)