35. In section 368H (prohibition of product placement and exceptions)(1)—
(a)for subsection (3) substitute—
“(3) Product placement is prohibited in any of the following included in on-demand programme services—
(a)children’s programmes;
(b)news and current affairs programmes;
(c)consumer affairs programmes;
(d)religious programmes.”;
(b)in subsection (4)—
(i)at the end of paragraph (ba), omit “or”;
(ii)after paragraph (ba) insert—
“(bb)it is 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)in subsection (6)(a), for “A” substitute “B”;
(d)omit subsection (7);
(e)in subsection (12)(e), after “physical” insert “, mental”;
(f)after subsection 12(e) insert—
“(ea)directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;”;
(g)in subsection (15), for “subsection (15A)” substitute “subsections (15A), (15B) and (15C)”;
(h)after subsection (15A) insert—
“(15B) Subsection (4)(bb) applies only in relation to programmes the production of which begins after 31 October 2020.
(15C) This section applies in relation to a programme the production of which began before 1 November 2020 as if—
(a)subsection (3)(b) to (d) were omitted, and
(b)subsection (6)(a) included a reference to a condition that the programme in which the product, service or trademark, or the reference to it, is included is—
(i)a film made for cinema,
(ii)a film or series made for a television programme service or for an on-demand programme service,
(iii)a sports programme, or
(iv)a light entertainment programme.”.
Section 368H was inserted by S.I. 2009/2979, and amended by S.I. 2016/507 and 2010/831.