Communications Act 2003

[F1 368F Advertising U.K.

(1) Advertising of the following products is prohibited in on-demand programme services—

(a) cigarettes or other tobacco products;

[F2 (aa) electronic cigarettes or electronic cigarette refill containers;]

(b) any prescription-only medicine.

[F3 (2) Advertising of alcoholic drinks is only permitted in on-demand programme services if—

(a) it is not aimed specifically at persons under the age of eighteen, nor does it, in particular, depict such persons consuming alcoholic drinks;

(b) it does not link the consumption of alcohol to enhanced physical performance or to driving;

(c) it does not create the impression that the consumption of alcohol contributes towards social or sexual success;

(d) it does not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts;

(e) it does not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light; and

(f) it does not place emphasis on high alcoholic content as being a positive quality of alcoholic drinks.]

(3) Advertising included in an on-demand programme service—

(a) must be readily recognisable as such, and

(b) must not use techniques which exploit the possibility of conveying a message subliminally or surreptitiously.

(4) Advertising included in an on-demand programme service must not—

(a) prejudice respect for human dignity;

(b) include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;

(c) encourage behaviour prejudicial to health or safety;

(d) encourage behaviour grossly prejudicial to the protection of the environment;

(e) cause physical [F4 , mental] or moral detriment to persons under the age of eighteen;

(f) directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;

(g) directly encourage such persons to persuade their parents or others to purchase or rent goods or services;

(h) exploit the trust of such persons in parents, teachers or others; or

(i) unreasonably show such persons in dangerous situations.]

Textual Amendments

F1 Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2

F2 S. 368F(1)(aa) inserted (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 46(2)

F3 S. 368F(2) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 33(a) (with Pt. 7)

F4 Word in s. 368F(4)(e) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 33(b) (with Pt. 7)