Children’s Television Standards 20091
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes these Standards under subsection 122 (1) of the Broadcasting Services Act 1992.
Dated 24th August 2009
Chris Chapman
[signed]
Member
Brendan Byrne
[signed]
Member
General Manager, Legal
Australian Communications and Media Authority
Contents
Part 1 Preliminary
Division 1 Arrangements commencing on day after registration
CTS 1 Name of Standards 4
CTS 2 Commencement 4
CTS 3 Eligible material for 2010 to be notified in a schedule 4
Division 2 Arrangements commencing on 1 January 2010
CTS 4 Revocation of the Children’s Television Standards 2005 4
CTS 5 Definitions 4
Part 2 Requirement to provide C programs and P programs
CTS 6 Criteria of suitability for children 4
CTS 7 Obligation of a licensee to broadcast C programs and P programs 4
CTS 8 Requirements that apply to both C material and P material 4
CTS 9 Eligible material to be notified in a schedule 4
CTS 10 Variations to a schedule 4
CTS 11 Material taken to be broadcast in accordance with schedule — expected events 4
CTS 12 Material taken to be broadcast in accordance with schedule — unexpected events 4
CTS 13 Requirements that apply only to C material 4
CTS 14 Requirements that apply only to P material 4
CTS 15 Duration of classifications 4
CTS 16 Provisional classification 4
CTS 17 Australian C Drama 4
CTS 18 Obligation of a licensee to broadcast Australian C Drama 4
CTS 19 Australia’s international obligations 4
Part 3 Requirements relating to protection of children
CTS 20 Program promotions and station identifications 4
CTS 21 Non-program material other than news 4
CTS 22 News flashes and announcements 4
CTS 23 Actual times falling short 4
CTS 24 Prizes 4
CTS 25 Unsuitable material 4
CTS 26 Advertisements 4
CTS 27 Maximum advertising time 4
CTS 28 Separation of advertisements and sponsorship announcements 4
CTS 29 Repetition of advertisements 4
CTS 30 Content of advertisements 4
CTS 31 Pressure in advertisements 4
CTS 32 Clear presentation 4
CTS 33 Disclaimers and premium offers 4
CTS 34 Competitions 4
CTS 35 Promotions and endorsements by popular characters 4
CTS 36 Advertising of alcoholic drinks 4
Part 1 Preliminary
Division 1 Arrangements commencing on day after registration
CTS 1 Name of Standards
These Standards are the Children’s Television Standards 2009.
CTS 2 Commencement
These Standards commence as follows:
(a) on the day after they are registered — Division 1 of Part 1;
(b) on 1 January 2010 — the remainder.
CTS 3 Eligible material for 2010 to be notified in a schedule
(1) A licensee to which Parts 2 and 3 of these Standards would apply on and after 1 January 2010 must provide an annual schedule to the ACMA, in a form approved by the ACMA, for the year 2010.
(2) The licensee must prepare the schedule on the assumptions that:
(a) Division 2 of this Part, and Parts 2 and 3, will be in force on 1 January 2010; and
(b) the Children’s Television Standards 2005 will be revoked on 1 January 2010.
(3) The schedule must show:
(a) the call sign of each licensee on whose behalf the schedule is provided; and
(b) the periods during which each of the licensees referred to in the schedule will broadcast C programs and P programs within the meanings that will be given by CTS 5.
Note CTS 5 defines these periods as C period and P period respectively.
(4) The schedule must be received by the ACMA on or before 31 December 2009.
(5) The licensee may, by notice in writing to the ACMA, vary the schedule before 1 January 2010:
(a) in the same way as described in CTS 10; and
(b) on the assumptions mentioned in CTS 3 (2).
(6) The requirements in CTS 3 (1) (e) of the Children’s Television Standards 2005 do not apply for the year 2010.
Division 2 Arrangements commencing on 1 January 2010
CTS 4 Revocation of the Children’s Television Standards 2005
The Children’s Television Standards 2005 are revoked.
CTS 5 Definitions
In these Standards, unless the contrary intention appears:
Act means the Broadcasting Services Act 1992.
Australian C Drama means a program which meets the requirements in CTS 17 (1) or CTS 17 (2).
Australian Content Standard means the Broadcasting Services (Australian Content) Standard 2005.
Australian/New Zealand program has the meaning given by section 20 of the Australian Content Standard.
Australian official co-production has the meaning given by section 6 of the Australian Content Standard.
break means any broadcast which interrupts a program or comes between programs.
C band means the following periods of time:
(a) 7.00am to 8.30am Monday to Friday;
(b) 4.00pm to 8.30pm Monday to Friday;
(c) 7.00am to 8.30pm Saturday, Sunday and school holidays.
C material means:
(a) a C program; and
(b) any of the following material that may be broadcast in a C period in accordance with these Standards:
(i) a program promotion;
(ii) a community service announcement;
(iii) any other announcement;
(iv) a station identification;
(v) a news flash;
(vi) an advertisement;
(vii) a G program, including a part of a G program.
C period means a period nominated by, or on behalf of, a licensee under CTS 9 during which the licensee will broadcast C programs.
C program means a program which meets the criteria of suitability for children in CTS 6 and has been classified by the ACMA, or a person or body appointed by the ACMA for that purpose, as a C program suitable for children (other than preschool children).
children means people younger than 14 years of age.
Commercial Television Industry Code of Practice means the document:
(a) published under that name by Free TV Australia; and
(b) included in the Register of codes of practice under subsection 123 (4) of the Act.
community service announcement means an announcement which promotes a charitable cause or activity or which constitutes a service to the community, and which is broadcast free of charge by a licensee.
disclaimer means a statement which attempts to limit or deny any legal liability which might otherwise fall on an advertiser.
first release, for a program, has the meaning given by section 8 of the Australian Content Standard.
G classified, in relation to material, means classified G in accordance with the Commercial Television Industry Code of Practice.
G program means a program that is classified G in accordance with the Commercial Television Industry Code of Practice, but does not include:
(a) an advertisement (whether or not of a commercial kind); or
(b) sponsorship matter (whether or not of a commercial kind).
licensed character means a character used, under licence from the owner of the character, in the promotion or advertising of products or services.
licensee means the holder of a commercial television broadcasting licence allocated or renewed in accordance with the Act.
live coverage includes a broadcast delayed for time zone reasons and broadcast as plausible “live”, without reformatting.
month means a calendar month.
New Zealand program has the meaning given by section 19 of the Australian Content Standard.
notifying licensee means a licensee which provides schedules to the ACMA in accordance with CTS 3 or CTS 9 on behalf of either itself or itself and 1 or more other licensees.
P band means the period of time 7.00am to 4.30pm Monday to Friday.
P material means:
(a) a P program; and
(b) any other material that may be broadcast in a P period in accordance with CTS 22.
P period means a period nominated by, or on behalf of, a licensee under CTS 9 during which the licensee will broadcast P programs.
P program means a program which meets the criteria of suitability for children in CTS 6, and has been classified by the ACMA, or a person or body appointed by the ACMA for that purpose, as a P program suitable for preschool children.
premium means anything offered with or without additional cost that is intended to induce the purchase of an advertised product or service.
preschool children means children who have not yet started school.
proprietary character means a character used by its owner in the promotion or advertising of products or services.
revoked Standards means the Children’s Television Standards 2005, revoked under CTS 4.
school holidays, in relation to a licensee, means:
(a) the government primary school holidays in each licensee’s licence area; and
(b) each public holiday in the licensee’s licence area.
year means a calendar year starting on 1 January and ending on 31 December.
Note Certain words and expressions used in these Standards are defined in subsection 6 (1) of the Act, including ACMA (Australian Communications and Media Authority).
(2) These Standards apply to:
(a) all C programs; and
(b) all P programs; and
(c) all breaks immediately before, during and immediately after both C programs and P programs.
(3) These Standards apply to C programs and P programs in a series as they do to single C programs and P programs, except that for the purposes of classification a number of C programs or P programs in a series may be treated as if they were 1 program.
(4) The Australian Content Standard applies in addition to these Standards. However, in the event of an inconsistency between the 2 standards, these Standards prevail.
(5) These Standards may be referred to by the abbreviation ‘CTS’. For example, this is CTS 5 (5).
Part 2 Requirement to provide C programs and P programs
CTS 6 Criteria of suitability for children
A children’s program is a program which:
(a) is made specifically for children or groups of children; and
(b) is entertaining; and
(c) is well produced using sufficient resources to ensure a high standard of script, cast, direction, editing, shooting, sound and other production elements; and
(d) enhances a child’s understanding and experience; and
(e) is appropriate for Australian children.
CTS 7 Obligation of a licensee to broadcast C programs and P programs
Each year, a licensee must meet the requirements of all of the following provisions of this standard:
(a) for both C material and P material — CTS 8 and CTS 9;
(b) for C material — CTS 13;
(c) for P material — CTS 14.
CTS 8 Requirements that apply to both C material and P material
(1) For CTS 8, C material or P material is eligible material in relation to a licensee if it is:
(a) notified in a schedule in accordance with CTS 9; and
(b) broadcast by the licensee in accordance with the schedule.
(2) A licensee must broadcast a total of at least 390 hours of eligible material in each year.
(3) Eligible material must include:
(a) at least 260 hours of C material; and
(b) at least 130 hours of P material.
(4) A licensee must not broadcast:
(a) in a C period — any program other than a C program; or
(b) in a P period — any program other than a P program.
(5) Subject to CTS 8 (6), a licensee must not broadcast more than 3 times within any period of 5 years:
(a) in C periods — any 1 C program that is an episode or program in a series; or
(b) in P periods — any 1 P program that is an episode or program in a series.
(6) There is no restriction on the number of times a licensee may broadcast an Australian C Drama.
(7) The obligations of a licensee are subject to the exceptions and qualifications contained in subsection 12 (4) and section 12A, of the Australian Content Standard.
CTS 9 Eligible material to be notified in a schedule
(1) A notifying licensee must provide an annual schedule to the ACMA, in a form approved by the ACMA for the year in which the schedule applies, showing:
(a) the call sign of each licensee on whose behalf the schedule is provided; and
(b) the periods during which each of the licensees referred to in the schedule will broadcast C programs and P programs.
Note CTS 5 defines these periods as C period and P period respectively.
(2) A schedule must be received by the ACMA:
(a) for the year 2011 — on or before 31 December 2010; and
(b) for each subsequent year — on or before 31 December in the year preceding the year for which the schedule applies.
(3) A licensee must include the schedule of the licensee’s C programs and P programs on the licensee’s website on the main program schedule.
CTS 10 Variations to a schedule
(1) A licensee may, by notice in writing to the ACMA, vary a schedule provided under CTS 9.
(2) A variation mentioned in CTS 10 (1) is not effective unless:
(a) it is given with at least 14 days notice; and
(b) the licensee ensures that the child audience is appropriately notified in accordance with CTS 10 (3); and
(c) it is in a form approved by the ACMA.
(3) If a schedule is varied, the licensee must broadcast not less than 2 on-air promotions, containing details of when the C program or P program will be broadcast, as follows:
(a) 1 promotion at a time when children and their parents or carers may reasonably be expected to be watching television together; and
(b) 1 promotion immediately before, during or immediately after the time the program was originally scheduled to be broadcast.
CTS 11 Material taken to be broadcast in accordance with schedule — expected events
(1) Material is taken to be broadcast in accordance with a schedule if a licensee:
(a) fails to broadcast the material in accordance with a schedule mentioned in CTS 3 (3) (b) or CTS 9 (1) (b); and
(b) displaces a scheduled C period or P period in accordance with CTS 11 (2) or CTS 11 (3).
(2) A licensee may displace:
(a) any C period scheduled during the C band; or
(b) any P period scheduled during the P band;
to allow live coverage of:
(c) an event of national, State or Territory importance that is suitable for viewing by children; or
(d) a major sports event that is suitable for viewing by children.
(3) If it can be reasonably expected that a scheduled live sporting event will run over time, a licensee may displace:
(a) any C period scheduled during the C band; or
(b) any P period scheduled during the P band.
(4) For CTS 11 (2) and CTS 11 (3), if a C period or a P period is displaced, a licensee must ensure that:
(a) any C programs that were not broadcast are broadcast in the C band within 14 days of the date of the broadcast of the live coverage; and
(b) any P programs that were not broadcast are broadcast in the P band within 14 days of the date of the broadcast of the live coverage; and
(c) the ACMA is notified of the event, in a form approved by the ACMA, at least 14 days prior to the scheduled broadcast.
(5) If a C period or P period is displaced in accordance with CTS 11 (2) or CTS 11 (3), the licensee must broadcast not less than 2 on-air promotions containing details of when the displaced C program or P program will be broadcast, as follows:
(a) 1 promotion at a time when children and their parents or carers may reasonably be expected to be watching television together; and
(b) 1 promotion immediately before, during or immediately after the time the program was originally scheduled to be broadcast.
(6) If a C program or P program is displaced in accordance with this standard, the licensee may broadcast up to 2 episodes of a C program or P program series in any 1 C period or P period when the program is rescheduled.
CTS 12 Material taken to be broadcast in accordance with schedule — unexpected events
(1) Material is taken to be broadcast in accordance with a schedule if:
(a) a licensee fails to broadcast the material in accordance with a schedule mentioned in CTS 3 (3) (b) or CTS 9 (1) (b); and
(b) the failure occurs because of a circumstance mentioned in CTS 12 (2).
(2) For CTS 12 (1) (b), the circumstances are the unexpected cancellation, postponement, early completion, overrun or availability of live coverage of:
(a) an event of national, State or Territory importance; or
(b) a major sports event;
that is suitable for viewing by children and that intrudes into a C period or P period.
(3) In the event of a circumstance mentioned in CTS 12 (2), a licensee must ensure that:
(a) any C programs that were not broadcast are broadcast in the C band within 14 days of the date of the broadcast of the live coverage; and
(b) any P programs that were not broadcast are broadcast in the P band within 14 days of the date of the broadcast of the live coverage; and
(c) the ACMA is notified of the event, in a form approved by the ACMA, within 72 hours after the broadcast of the live coverage, of the failure to broadcast; and
(d) the licensee broadcasts details of when the C program or P program will be broadcast immediately before, during or immediately after the time of the scheduled C period or P period.
(4) If a C program or P program is displaced in accordance with this standard, the licensee may broadcast up to 2 episodes of a C program or P program series in any 1 C period or P period when the program is rescheduled.
CTS 13 Requirements that apply only to C material
(1) A licensee must broadcast C material for a continuous period of time by electing to comply with:
(a) CTS 13 (2); or
(b) CTS 13 (3).
(2) For CTS 13 (1) (a), a licensee complies with this provision if the licensee broadcasts for a continuous period of time of not less than 30 minutes:
(a) every weekday between the hours of 7.00am and 8.30am or 4.00pm and 8.30pm, to a total of not less than 130 hours per year; and
(b) at any time in the C band to a total of not less than 130 hours per year; and
(c) not more than 1 episode of a C program series during any 1 C period unless the program is:
(i) an Australian C Drama; or
(ii) a C program that is part of a non-Australian mini-series; or
(iii) a C program being broadcast in accordance with CTS 11 (6) or CTS 12 (4).
(3) For CTS 13 (1) (b), a licensee complies with this provision if the licensee:
(a) broadcasts in periods of not less than 60 minutes:
(i) on not less than 2 days a week in the C band, to a total of not less than 104 hours per year; and
(ii) at any time in the C band, to a total of not less than 156 hours per year; and
(b) in relation to any C program — does not broadcast more than 2 episodes of the program series during any 1 C period unless the program is:
(i) an Australian C Drama; or
(ii) a C program that is part of a non-Australian mini-series.
CTS 14 Requirements that apply only to P material
A licensee must broadcast P material in the P band for a period not less than 30 minutes every weekday.
CTS 15 Duration of classifications
(1) The classification of a program under these Standards, or the revoked Standards, expires 5 years after the date on which it was given or last renewed, unless the ACMA otherwise determines at the time of classification or renewal.
(2) On application in writing, the ACMA may at any time renew the classification of a C program or P program.
(3) The ACMA may revoke the classification if the ACMA considers that a C program or P program is not consistent with the representative sample on the basis of which its classification was granted or renewed.
(4) In CTS 15:
the ACMA includes a person or body appointed by the ACMA.
CTS 16 Provisional classification
(1) If a person submits a written proposal to the ACMA for:
(a) a C program (other than an Australian C Drama) or a P program, accompanied by a pilot episode or by a presentation, in a format specified by the ACMA, indicating the nature of the program; or
(b) an Australian C Drama;
the ACMA may classify the proposed program or the pilot episode or both as ‘provisional C’ or ‘provisional P’. A provisional classification of that kind will be granted if the ACMA is satisfied that the program will satisfy the criteria in CTS 6 for a C program or P program, and CTS 6 and CTS 17 for an Australian C Drama.
(2) On application in writing, the ACMA may, at any time, renew a provisional C classification or a provisional P classification.
(3) If the ACMA has classified a pilot episode of a proposed program as provisional C or provisional P, the pilot episode will be deemed to be a C program or P program as the case may be until the classification expires.
(4) In CTS 16:
the ACMA includes a person or body appointed by the ACMA.
CTS 17 Australian C Drama
(1) In these Standards, an Australian C Drama is a television program which meets all the following requirements:
(a) the program must be classified by the ACMA as a C program;
(b) the program must, in the opinion of the ACMA, be a fully scripted screenplay or teleplay in which the dramatic elements of character, theme and plot are introduced and developed so as to form a narrative structure;
(c) the program may include sketch comedy programs, animated drama and dramatised documentary, but may not include sketches within variety programs, or characterisations within documentary programs, or any other form of program or segment within a program which involves only the incidental use of actors;
(d) the program must, in the opinion of the ACMA, meet the requirements for an Australian program in the Australian Content Standard.
(2) A proposed Australian C Drama may be classified as meeting the requirements of CTS 17 if, in the opinion of the ACMA, the program will, when completed, comply with those requirements.
(3) If a proposed Australian C Drama is classified under CTS 17 (2), a copy of the completed program must be sent to the ACMA, in a format specified by the ACMA, within 1 month of completion.
(4) In CTS 17:
the ACMA includes a person or body appointed by the ACMA.
CTS 18 Obligation of a licensee to broadcast Australian C Drama
(1) A licensee must broadcast, in the C band, Australian C Drama in accordance with sections 12, 12A and 13 of the Australian Content Standard.
(2) For CTS 8 (2) and CTS 8 (3), the hour value of a first release Australian C Drama is its duration under the Australian Content Standard.
CTS 19 Australia’s international obligations
(1) Subject to CTS 19 (2), a licensee’s obligations under these Standards relating to Australian content may be reduced by the extent to which the licensee broadcasts Australian official co-productions, New Zealand programs or Australian/New Zealand programs.
(2) To reduce a licensee’s obligation under CTS 19 (1), an Australian official co-production, New Zealand program or Australian/New Zealand program must satisfy the same requirements that an Australian program must satisfy under the relevant standards (except the requirement to be Australian).
(3) Australian official co-productions, New Zealand programs and Australian/New Zealand programs are accorded treatment no less favourable than that allowed to an Australian C Drama under CTS 8 (5), CTS 8 (6), CTS 13 (2) (c), CTS 13 (3) (b), CTS 16 (1), CTS 20 (3), CTS 27 (1) and CTS 27 (2).
Note In 1983, the Government of Australia and the Government of New Zealand entered into the Australia New Zealand Closer Economic Relations Trade Agreement (the CER). On 18 August 1988, the Government of Australia and the Government of New Zealand entered into a Protocol on Trade in Services to the CER, the scope of which covers the production of programs for television and the broadcasting of programs on television.
Section 16 of the Australian Communications and Media Authority Act 2005 requires that the Australian Communications and Media Authority perform its broadcasting, content and datacasting functions in a manner consistent with Australia’s obligations under the CER Trade in Services Protocol.
Australia has international obligations under official co-production arrangements with other countries. Further information about these arrangements can be found at http://www.screenaustralia.gov.au.
For the purpose of meeting Australia’s obligations under these arrangements, these Standards:
(a) allow Australian official co-productions the full enjoyment of all the benefits accorded to Australian programs; and
(b) allow New Zealanders and services provided by New Zealanders access to the Australian market for television programs no less favourable than that allowed to Australians and services provided by Australians; and
(c) in like circumstances, treat New Zealanders and services provided by New Zealanders no less favourably than Australians and services provided by Australians.
Part 3 Requirements relating to protection of children
CTS 20 Program promotions and station identifications
(1) Subject to CTS 27 (2), each 30 minutes of a C period may contain no more than 1 minute of G classified program promotions and station identifications.
(2) Only C programs, P programs, G programs and coverage of sports events suitable for viewing by children may be promoted during any breaks immediately before, during or immediately after C programs or P programs.
(3) In addition to the program promotions permitted by CTS 20 (1) and CTS 27 (2), voice-over announcements promoting C programs may be made during the end credits of C programs.
CTS 21 Non-program material other than news
Subject to CTS 27 (2), each 30 minutes of a C period may contain no more than 7 minutes in total of:
(a) advertisements broadcast in accordance with CTS 26 to CTS 36 (inclusive); and
(b) program promotions and station identifications broadcast in accordance with CTS 20 (1); and
(c) G classified community service announcements.
CTS 22 News flashes and announcements
A C period or a P period must not be interrupted except for the broadcast of a news flash or announcement which cannot, in the public interest, be delayed until completion of the C period or P period.
CTS 23 Actual times falling short
If, during the last 30 minutes of a C period, the total time occupied by C programs and breaks permitted by these Standards is less than 30 minutes but more than 25 minutes, the difference may be made up by G programs (including a part of a G program) which, as far as practicable, meets the criteria in CTS 6.
CTS 24 Prizes
(1) No prizes may be offered or given during a P program.
(2) In C programs which involve the giving or offering of prizes:
(a) the presenter may not recommend or endorse a product or service which is presented as a prize, nor encourage children to buy it;
(b) if the prize is not a cash prize, the price or value of the prize may not be mentioned; and
(c) any description by the presenter should be only to clarify the nature of the prize.
CTS 25 Unsuitable material
No material broadcast during a C period or P period may:
(a) demean any person or group on the basis of ethnicity, nationality, race, gender, sexual preference, religion, or mental or physical disability; or
(b) present images or events in a way which is unduly frightening or unduly distressing to children; or
(c) present images or events which depict unsafe uses of a product or unsafe situations which may encourage children to engage in activities dangerous to them; or
(d) advertise products or services which have been officially declared unsafe or dangerous by a Commonwealth authority or by an authority having jurisdiction within the licensee’s licence area.
CTS 26 Advertisements
(1) Only G classified advertisements which also meet CTS 25, and CTS 30 to CTS 36 (inclusive), may be broadcast during C periods.
(2) No advertisements may be broadcast during P periods.
(3) The requirements of CTS 26 are in addition to the requirements of the Commercial Television Industry Code of Practice.
CTS 27 Maximum advertising time
(1) Except during a C period in which an Australian C Drama is broadcast, each 30 minutes of a C period may contain no more than 5 minutes of advertisements.
(2) During a C period in which an Australian C Drama is broadcast, the maximum amount of advertisements, program promotions, station identifications and community service announcements is 6 minutes and 30 seconds per 30 minutes.
CTS 28 Separation of advertisements and sponsorship announcements
During C periods, advertisements and sponsorship announcements must be clearly distinguishable as such to a child viewer. This requirement is in addition to the requirements of the Commercial Television Industry Code of Practice.
CTS 29 Repetition of advertisements
During any 30 minutes of a C period a licensee may broadcast the same advertisement no more than twice.
CTS 30 Content of advertisements
(1) No advertisement may mislead or deceive children.
(2) Nothing in these Standards is to be taken to limit the obligation imposed by CTS 30.
CTS 31 Pressure in advertisements
(1) A licensee may not broadcast any advertisement designed to put undue pressure on children to ask their parents or another person to purchase an advertised product or service.
(2) No advertisement may state or imply:
(a) that a product or service makes children who own or enjoy it superior to their peers; or
(b) that a person who buys an advertised product or service for a child is more generous than a person who does not.
CTS 32 Clear presentation
(1) Advertisements must accurately represent the advertised product or service.
(2) Claims made in advertisements must not be ambiguous.
(3) Advertisements in which children are depicted using products (including toys and games) must fairly represent the performance which a child, of the age depicted, can obtain from those products.
(4) If the size of the product is not clear in an advertisement it must be made clear by reference to something which a child can readily recognise.
(5) If accessories (for example, batteries, transformers or doll’s clothes) are needed to operate or enjoy a product depicted in an advertisement then:
(a) this must be able to be clearly understood by children; and
(b) reference to price must clearly differentiate between the price of the product and the price of any accessories.
(6) Prices, if mentioned, must be accurately presented in a way which can be clearly understood by children, and must not be minimised by words such as ‘only’ or ‘just’.
(7) An advertisement for a food product may not contain any misleading or incorrect information about the nutritional value of that product.
CTS 33 Disclaimers and premium offers
(1) A disclaimer must be presented conspicuously.
(2) An advertisement that contains a premium offer:
(a) must not make reference to the premium in a way that is more than merely incidental to the reference to the advertised product or service; and
(b) must not stimulate any unreasonable expectation of the product or service offered; and
(c) must clearly set out any conditions that must be met before the premium may be obtained.
Example If an advertisement advertises a product that has both food and non-food components, and the non-food component is a premium, the reference to the non-food component must be merely incidental to the reference to the food component.
(3) For CTS 33 (2) (a), the following matters are relevant in the consideration of whether a premium offer is merely incidental:
(a) the amount of time devoted to the premium offer compared to the amount of time devoted to the product or service being advertised;
(b) the way in which pictures, text or moving images are used to promote the premium offer;
(c) the way in which sound is used to promote the premium offer.
CTS 34 Competitions
If competitions for children are referred to in programs or advertisements:
(a) a summary of the basic rules must be stated; and
(b) any statement about the chance of winning must be clear, fair and accurate.
CTS 35 Promotions and endorsements by popular characters
(1) No material broadcast during a C period or P period, or in the break immediately before or after a C period or P period, may contain an endorsement, recommendation or promotion of a commercial product or service by:
(a) a principal personality or character from a C program or P program; or
(b) a popular program character or popular movie character; or
(c) a popular cartoon, animated or computer generated character; or
(d) a popular personality; or
(e) a licensed character; or
(f) a proprietary character.
Note 1 Popular personality includes well known sporting and music personalities.
Note 2 Licensed character and proprietary character are defined in CTS 5 and include characters from fiction, television, movies, etc.
(2) CTS 35 (1) does not apply to an advertisement:
(a) if:
(i) the advertisement depicts a commercial product or service in the form the product or service is usually offered for sale; and
(ii) no endorsement, recommendation or promotion of the commercial product or service is provided by way of voice-over, animation or any other means by a character or personality mentioned in CTS 35 (1); or
(b) if:
(i) the advertisement contains an endorsement, recommendation or promotion of a commercial toy or game; and
(ii) the endorsement, recommendation or promotion is made by a character mentioned in CTS 35 (1); and
(iii) the character is represented in the toy or game.
(3) An advertisement during a C period may use a character or personality mentioned in CTS 35 (1) to endorse, recommend or promote a non-commercial product or service if the advertisement:
(a) contains only generic statements about nutrition, safety, education or like matters; and
(b) is suitable to be contained in a children’s program described in CTS 6.
CTS 36 Advertising of alcoholic drinks
(1) Advertisements for alcoholic drinks may not be broadcast during a C period.
(2) No advertisement or sponsorship announcement broadcast during a C period may identify or refer to a company, person, or organisation whose principal activity is the manufacture, distribution or sale of alcoholic drinks. This requirement is in addition to the requirements of the Commercial Television Industry Code of Practice.
(3) No advertisement for alcoholic drinks may be broadcast during a C program or P program that is broadcast outside a C period or P period, or in a break immediately before or after any C program or P program.
(4) No advertisement or sponsorship announcement broadcast during a C program or P program that is broadcast outside a C period or P period, or in a break immediately before or after such a C program or P program, may identify or refer to a company, person or organisation whose principal activity is the manufacture, distribution or sale of alcoholic drinks. This requirement is in addition to the requirements of the Commercial Television Industry Code of Practice.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
