Product placement programmes will carry audio and visual signals, says Ofcom

Ofcom has published the rules that will govern newly-introduced product placement on UK television. The rules set out exactly when programme makers and broadcasters will be allowed to take payment for including goods in their programmes, and how.

The new rules say that any programme that carries product placement must indicate that fact.

"We are proposing that audiences are made aware of instances of product placement by means of a universal neutral logo, and a universal audio signal (to ensure that both visually and hearing impaired audience members are made aware when a programme contains product placement)," said guidelines just published by Ofcom. "Additionally, we are proposing that broadcasters make available to the audience a list (in a programme’s end credits or on the broadcaster’s website) of products, services or trade marks that have been placed in a programme."

The last Government changed its product placement policy last year, deciding to allow product placement in UK-made programmes to alleviate the effects of the advertising slump being suffered by broadcasters.

Ofcom has now published the details of how product placement will work, drawing on the EU's Audiovisual Media Services Directive. This was made law in the UK by the Audiovisual Media Services (Product Placement) Regulations, which modified the Communications Act.

"The Act sets out those programme genres in which product placement is permitted: films; television series; sports programmes; and light entertainment programmes," said Ofcom's proposed guidance, on which it will conduct a consultation. "However, it expressly prohibits product placement in all children’s programmes, and in religious; current affairs; and consumer affairs programmes that are produced under UK jurisdiction."

"It prohibits the product placement of cigarettes or other tobacco products and prescription-only medicines in all programmes, and further prohibits in programmes produced under UK jurisdiction the paid-for placement of products associated with smoking (such as cigarette lighters and papers), alcoholic drinks, foods or drinks which are high in fat, salt or sugar, gambling services, all medicinal products and infant and follow-on formulae," it said.

The Ofcom guidance clears up what the media regulator sees as some ambiguities in the legislation.

"[Single dramas] are not specifically referred to in the list of programme genres in which product placement is permitted," it said. "We are proposing to clarify that such programmes fall within the definition of films and may therefore contain product placement."

"The Act does not explicitly prohibit product placement in news but the Government has made it clear in its statement that news does not fall within the programme genres in which product placement is permitted. We are therefore proposing a rule to clarify that product placement in prohibited in news programmes," said the proposal.

The guidance also indicates that some placements will be prohibited by Ofcom's rules. "We are proposing to clarify that thematic placement – that is the creation of scripts/storylines as vehicles for the purpose of featuring the aims, objectives, beliefs or interests of a third party funder – is prohibited," it said.

Ofcom has also said that it will block the product placement of anything that cannot normally be advertised on UK television.