Ofcom has also designated the ASA as co-regulator
From 1 November 2020, the Communications Act 2003 has contained new rules derived from the amended Audio-Visual Media Directive, which aims to protect individuals from harmful content, including harmful advertising. ?The Act also conferred on Ofcom?new powers to regulate VSPs established in the UK.
We wrote about the consultation on the advertising guidance earlier this year and as a result of that consultation, Ofcom has decided that the regulatory framework should mirror the?provisions in the Communications Act which distinguish between VSP-controlled and non-VSP controlled advertising:
Ofcom has also published its final guidance which aims to assist VSPs with understanding, and complying with, their advertising obligations. The guidance contains the following key points:
General advertising requirements
Adverts included on a VSP must be readily recognisable as such; and must not use techniques which exploit the possibility of conveying a message subliminally or surreptitiously.
Advertising on a VSP must not:
Prohibited and restricted products
The rules prohibit advertisements for the following: cigarettes and other tobacco products; electronic cigarettes and electronic cigarette refill containers; or any prescription-only medicine. Advertisements for alcoholic drinks must not be aimed at minors and must not encourage immoderate consumption of alcohol. They must also comply with the general advertising requirements.
Transparency of advertising
VSP providers must comply with requirements regarding the transparency of advertising. This may include:
In addition, VSP providers must clearly inform users that a video contains advertising where they have knowledge of this, or its presence has been declared by the uploader using the functionality provided.
Published: 2021-12-11T10:00:00