Communications Act 2003

This adran has no associated Nodiadau Esboniadol

(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