Background - EU regulation on TV advertising
Television advertising is by far the most regulated form of commercial communications in Europe, precisely because television is a very powerful medium.
European regulations on television advertising exist to safeguard viewers’ enjoyment of television and/or to contribute to specific policy objectives such as the protection of consumers’ interests or the protection of public health. Incidentally, all these regulations contribute to the greater effectiveness of television advertising and to the strengthening of the reputation of brands using television.
The main piece of EU legislation on television advertising is called the “Television Without Frontiers” directive. This piece of legislation dates back to 1989 and sets minimum rules that must be respected throughout the European Union. The advertising provisions of this EU directive were recently modernised by the new “Audiovisual Media Services” directive in such a way that both broadcasters and advertisers will enjoy some of the key benefits provided by the EU regulatory framework even more.
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How TV advertising regulation takes care of advertisers’ brands?- Legal certainty for pan-European advertising campaigns - Only medium protected from over-advertising - Viewers’ comfort & predisposition for advertising safeguarded - Variety of TV ad formats available to advertisers - Possibility to associate brands with high-rated programming via sponsorship & product placement - Highest ethical standards in advertising content respected thanks to the active involvement of broadcasters in self-regulation - Increased consumer confidence in TV advertising messages thanks to the complementary effects of regulation & efficient self-regulation |
- The set of rules established in the before mentioned EU directive is primarily aimed at safeguarding viewers’ comfort. A 12-minute-per-hour advertising limitation is set as well as limits on the insertion of centre breaks in so called “protected programmes”. For instance, news programmes, children’s programmes, films and TV films can only be interrupted by an advertising break, once per period of 30 minutes. Despite their restrictive impacts, these rules preserve the quality of the advertising space and the ensuing visibility for advertisers. Like no other media, television moves away from advertising clutters to develop creative and better advertising.
- Beyond advertising spots, television offers a wide variety of formats whose legality is clearly established in the EU directive. Specific provisions and guidelines secure the use of split-screens, prizes & gifts, longer advertising formats such as telepromotions & ad-funded programmes, etc. (see page “Special ad formats”). In fact, the EU legislation also leaves room for television sales houses to develop new formats in the future in an effort to constantly meet advertisers’ expectations. Among the powerful forms of commercial communications that the EU directive secures are those allowing advertisers to closely associate their brands with high rated programmes, i.e. sponsorship and all its enhanced forms as well as product placement. Product placement has recently been legalised by EU authorities in light entertainment programmes, films and TV films, series and sports programmes within certain limits. In many countries, advertisers will soon be able to turn to television sales houses to envisage how their products or brands can feature in the broadcaster’s own productions
- Whereas trust is key to the advertising industry, a certain number of provisions are established to maintain the highest level of consumer confidence in television advertising messages. For instance the use of subliminal techniques and surreptitious advertising are strictly forbidden. Similarly, a set of rules on the content of advertising are meant to make sure that advertising is neither including or promoting discriminations of various kind nor encouraging behaviour prejudicial to health, safety or the environment. In addition to these statutory provisions, European broadcasters and their sales houses invest a lot of time and efforts in advertising self-regulation to constantly strengthen consumer confidence in advertising. As a last gatekeeper screening the ads before they are broadcast, sales houses make sure that additional self-regulatory advertising standards are strictly adhered to. It is the best guarantee for advertisers that their brand reputation is safeguarded and strengthened.
Next to this EU directive on television advertising, many other EU rules apply to advertising across all media or to advertising for some specific products. The latter are usually driven by public health objectives. For instance, the advertising of tobacco products is strictly forbidden across all media in the European Union. Limits are also established for the advertising of alcoholic beverages & pharmaceutical products and specific rules on claims and the labelling of foodstuff also impact the content of television advertising for these products.
The above-mentioned EU legislations offer a global framework that is then applied at national level. For this reason, there may be national specificities that advertisers need to take into consideration to make the most of television. Should you have any additional questions regarding details of the EU television advertising regulatory framework and other advertising-related legislations, please contact egta’s Head of regulatory and Public Affairs: Laura Sboarina