Communications Act 2003

[F1 368Z Advertising etc controlled by service providers U.K.

(1) In this section, references to audiovisual commercial communications, in relation to a video-sharing platform service, are to audiovisual commercial communications that are marketed, sold or arranged by the person providing that service.

(2) Audiovisual commercial communications for the following products are prohibited in a video-sharing platform service—

(a) cigarettes or other tobacco products;

(b) electronic cigarettes or electronic cigarette refill containers;

(c) any prescription-only medicine.

(3) Audiovisual commercial communications for alcoholic drinks are only permitted in a video-sharing platform service if—

(a) they are not aimed specifically at persons under the age of 18, and

(b) they do not encourage immoderate consumption of alcohol.

(4) Audiovisual commercial communications included in a video-sharing platform 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.

(5) Audiovisual commercial communications included in a video-sharing platform 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, mental or moral detriment to persons under the age of 18;

(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.

(6) In this section—

• “electronic cigarette” means a product that—

  (a)

  can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges), and

  (b)

  is not a medicinal product within the meaning of regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916) or a medical device within the meaning of regulation 2 of the Medical Devices Regulations 2002 (S.I. 2002/618);

• “electronic cigarette refill container” means a receptacle that—

  (a)

  contains a nicotine-containing liquid, which can be used to refill an electronic cigarette, and

  (b)

  is not a medicinal product within the meaning of regulation 2 of the Human Medicines Regulations 2012 or a medical device within the meaning of regulation 2 of the Medical Devices Regulations 2002;

• “prescription-only medicine” means a prescription only medicine within the meaning of regulation 5(3) of the Human Medicines Regulations 2012;

• “tobacco product” has the meaning given in section 1 of the Tobacco Advertising and Promotion Act 2002.]

Textual Amendments

F1 Pt. 4B inserted (1.11.2020 for specified purposes, 6.4.2021 in so far as not already in force) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(3)(b), 47 (with Pt. 7)