SECTION 3: UNACCEPTABLE PRODUCTS AND SERVICES

Background:

The advertising of a number of products and services is not permitted either because there is a statutory prohibition, or because there is the potential for harm from the power of television advertising being used to promote them. In some areas, for example, it is not possible for the broadcaster to make a judgement about harm or misleadingness because the services are of an individual and personal nature. In these cases, the standard of the service delivered to the individual is difficult to assess and the services themselves are often not subject to independent, recognised regulation or mediation. In other areas, where services would normally be accessed through a professional intermediary (as with some medical services) direct advertising to the consumer carries the risk that viewers might not seek that advice.

Advertisements for products or services coming within the recognised character of, or specifically concerned with the following are not acceptable:

(a) breath-testing devices and products that purport to mask the effects of alcohol

(b) betting tips

(c)

(d) all tobacco products. Also non-tobacco products or services which share a name, emblem or other feature with a tobacco product where these are prohibited by law from advertising in other UK media.  See the Tobacco Advertising and Promotion (Brandsharing) Regulations 2004

(e) private investigation agencies

(f) guns and gun clubs

(g) escort agencies

(h) pornography

Note to 3.1(h):

This includes publications of the kind commonly referred to as ‘top shelf’. Encrypted elements of adult entertainment channels may however carry advertising for categories of ‘top shelf’ publications designated from time to time by BCAP.

(i) the occult etc. (See 10.3 – The occult, psychic practices and exorcism – for details and some exceptions)

(j) commercial services offering individual advice on personal or consumer problems

Notes to 3.1(j):

(1) This does not prevent advertisements for financial advice services which comply with Section 9 (Finance and Investment).

Nor does it prevent advertising by solicitors. Further exceptions may be made for other services if BCAP is satisfied that, for example, they are subject to credible and effective independent regulation.

(k) pyramid promotional schemes

Note to 3.1(k):

Pyramid promotional schemes are those under which consumers pay or give other consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme, not  the sale or consumption of products.

This rule reflects the Consumer Protection from Unfair Trading Regulations 2008. This rule applies to advertisements that appear after 21 November 2008.

Note to 3.1:

Details of other unacceptable categories of advertising can be found in the following Sections:

4                      Bodies with political objectives

8.2.1(a)            Prescription only medicines (POM)

(b)                   Products for the treatment of alcohol and substance dependence

(c)                    Hypnosis-based procedures (including techniques commonly referred to as hypnotherapy), psychiatry, psychology, psychoanalysis and psychotherapy

(d)                   Remote medical prescription or treatment

8.2.2            Homeopathic medicines without UK registration

9.5       Some investment products

10.2    Some bodies subject to the rules on religion, faith and systems of belief

11.1.2 Most 0909 premium rate phone services

11.4.2 Some homeworking schemes

11.5(c)            Some instructional courses

No advertisement may indirectly publicise an unacceptable product or service

Notes:

(1) [Clarification of rule 3.2, published 14 January 2003] No advertisement is acceptable if a significant effect of it would be to publicise an unacceptable product or service by, for example, referring viewers to a website, publication etc where the product or service is promoted to a significant extent. (This applies to categories listed in both rule 3.1 and the Note to 3.1.)

(2) Where non-tobacco products or services are linked to a tobacco brand because they share a name, emblem or other feature (See 3.1(d) above), they may be advertised only if the advertising:

(a) complies with 3.1(d) and

(b) is clearly aimed at an adult audience and

(c) makes or implies no other reference to smoking or to the tobacco product and does not lead the viewer to other material promoting tobacco or smoking and

(d) does not include any elements of design, colour, imagery, logo style etc which are associated with tobacco products, apart from the brand name.

(3) There must be no references to tobacco products or smoking in advertising which might be of particular interest to children or teenagers. There will be few occasions when their inclusion in other advertising is acceptable but two exceptions are health-related public service advertising and incidental images of smoking in clips from films made before the dangers of smoking were widely recognised.