Advertising in Media Definitions

DEFINITIONS

TELEVISION ADVERTISING

Any form of announcement broadcast whether in return for payment or for similar consideration or broadcast for self-promotional purposes by a public or private undertaking or natural person in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, rights and obligations, in return for payment.

It must be i) easily recognisable, ii) distinguished as such by auditory and visual means (though this principle should not prevent the use of new advertising techniques such as split screen), and should, where possible, iii) not be isolated (apart from broadcast sports events).

SPONSORSHIP

Any contribution made by public or private undertakings or natural persons not engaged in providing audiovisual media services* or in the production of audiovisual works, to the financing of audiovisual media services or programmes with a view to promoting their name (and in some instances the **Trade Name – see below), trade mark, image, activities or products. Audiovisual media services or programmes that are sponsored shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services. Viewers shall be clearly informed of the existence of a sponsorship agreement.

The decisive criterion distinguishing sponsorship from product placement is the fact that in product placement the reference to product is built into the action of a programme. In contrast, sponsor references may be shown during programme but are not part of a plot.

News and current affairs programmes shall not be sponsored.

A media buyer cannot invest in product placement of a programme if the same media buyer also sponsors the programme.

*MEDIA SERVICES

This principle is not strictly applied in all territories. Media services are those companies engaged in broadcasting activities or in producing audiovisual works. It is a case-by-case situation and there is not one general rule that can be applied, consult with a lawyer when you are considering sponsorship by a company engaged in broadcasting activities or in producing audiovisual works.

            **TRADE NAME           

A trade name is an identification that is used as the public name of a business or product.  Whether you can use the trade name alongside the trademark is a case-by-case situation. In some instances the trade name of a company can be considered part of the trademark and is allowed to be shown during the credits, in other instances it can be considered a-call-to-action and therefore will not be allowed to be shown in the credits of the sponsorship.

Examples of companies and their trade names are:           

“MCDONALD’S – I’M LOVING IT”

“NIKE – JUST DO IT”

“LEVI’S – THE ORIGINALS”

“BASF – THE CHEMICAL COMPANY”

PRODUCT PLACEMENT

Each form of audiovisual commercial communication which includes or refers to a product, service or their trade mark in the way that the same are shown within the program for payment or for similar consideration.

There’s no Product Placement when there is no payment, but only the provision of certain goods or services free of charge, such as production props and prizes, with a view to their inclusion in a programme.

A program cannot be sponsored by the same media buyer who also invests in the specific product placement.

Product placement is generally prohibited:

- in news and current affairs programmes;

- into programmes addressed to children;

- for tobacco trademarks, products or cigarettes or similar;

- specific medicinal products or medical treatments available only on prescription.

Programmes that contain product placement shall meet at least all of the following requirements:

- their content and, in the case of television broadcasting, their scheduling shall in no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the media service provider;

- they shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services;

- they shall not give undue prominence to the product in question;

- viewers shall be clearly informed of the existence of product placement. Programmes containing product placement shall be appropriately identified at the start and the end of the programme, and when a programme resumes after an advertising break, in order to avoid any confusion on the part of the viewer.

OFF AIR EVENTS

Off air events can be re-transmitted via broadcast means. An off air event is such only when the event would have taken place regardless of the filming of the same for re-transmission reasons. In other words, the event was not organized and held for the sole purpose of being broadcast. The purpose of the off air event must be a typical off air event purpose. Some examples of typical off air events are: concerts and exhibitions, sports events.