ITV gave undue prominence to legal service during actress interview, Ofcom rules

Ofcom said ITV had broken two rules specified in its Broadcasting Code. The Code sets out what broadcasters can and cannot do when producing content. The Code generally prohibits products, services and trade marks being promoted in programming and also prohibits any "undue prominence" of products, services or trade marks being given in programming.

The broadcasters' programme on 29 July this year featured an interview with actress Amanda Holden in which she "promoted QualitySolicitors' services as being reliable, free and widely available to viewers," according to Ofcom. A presenter commenting during the programme "appeared to endorse" QualitySolicitors which meant the broadcast was in breach of the Code, it said. The regulator rejected arguments from ITV that the presenters had "appeared to 'comment humorously on what [Holden] was talking about'".

Ofcom said that "undue prominence" was given to QualitySolicitors, law firms and a retailer during Holden's interview because ITV had given viewers "no explanation" why an actress was promoting the legal service.

The Broadcasting Code defines "undue prominence" as "the presence of, or reference to, a product, service or trade mark in programming where there is no editorial justification; or the manner in which a product, service or trade mark appears or is referred to in programming".

ITV had argued that Holden's comments about QualitySolictors “were not excessively promotional and did not exceed the editorial requirements of the programme" and were editorial justified because they were of interest to viewers, according to Ofcom. Ofcom disagreed.

"Where a celebrity guest's work or venture does not appear to be related to their work or profession, there may be less editorial justification for featuring details of it," Ofcom said in its broadcast bulletin (136-page / 1.07MB PDF).

"In this case, no explanation was offered as to why Ms Holden was working with QualitySolicitors and, as its area of business had no obvious link to her entertainment career, there appeared to be insufficient editorial justification for the extent of the discussion of it in the interview," it said.

"We considered that viewers were likely to conclude that the interview provided her with an opportunity to promote such law firms and their latest service, and the availability of details about it in 100 branches of WH Smith throughout the UK. The programme therefore gave undue prominence to services ... in programming, in breach of Rule 9.5 of the Code. Ofcom therefore welcomed the fact that ITV was currently providing compliance training refreshers to production teams of live programming across its network," it said.

Under the Communications Act Ofcom is responsible for ensuring broadcasters comply with EU laws on broadcasting content.

The EU's Audiovisual Media Services Directive requires that "television advertising … shall be readily recognisable and distinguishable from editorial content … and … shall be kept quite distinct from other parts of the programme by optical and/or acoustic and/or spatial means".

In addition to specific rules on the promotion and undue prominence of products, services and trade marks, Ofcom's Broadcasting Code also includes overarching principles that seek to ensure there is a distinction between editorial content and advertising and protect audiences from "surreptitious advertising".