Notice On Advertising And Sponsorship On Radio And Television

Original Language Title: Bekendtgørelse om reklame og sponsorering i radio og fjernsyn

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127325

Overview (table of contents) Chapter 1 scope

Chapter 2 Advertising identification, location and extent

Chapter 3 Advertising content

Chapter 4 the sponsorship of programs

Chapter 5 Violations

Chapter 6 the entry into force of The full text of the ordonnance on advertising and sponsorship on radio and television

Under section 77, section 85 and section 93, paragraph 2, of the law on broadcasting, see. lovbekendtgørelse nr. 827 of 26. August 2009-on radio airwaves, fixed:

Chapter 1

The scope of the

§ 1. The notice includes advertisements and sponsorship of programs in all forms of radio and television, see. § 1 of the law on radio and television company.

(2). For Teletext applies the same rules as for television, moreover, where not otherwise indicated.

(3). The radio and television enterprises preview of upcoming programs as well as mention of the products and the like, which is directly derived from, and which complements these programmes, as well as public service announcements and broadcast free of charge for the benefit of charity is not the subject of this notice.

§ 2. In Dr's program activities as well as in program activity on non-commercial ' Windows ' on local television advertising must not be included.

Chapter 2

Advertising identification, location and extent

Identification

§ 3. Advertising must be clearly identifiable as such, so that the content and presentation differ from ordinary programs.

(2). In television, an advertising block's beginning and end specify evident using auditory or voiceovers, possibly both, as well as by a visual indication.

(3). In radio, a indslags or a promotional advertising beginning and end of block's clearly indicated using auditory or voiceovers, possibly both.

(4). Teletext must be carried out in a clear visual indication.

Location

§ 4. Advertising on television must only be sent in blocks, which should be placed between programmes. This does not apply to advertisements in Teletext.

(2). Advertising may however interrupt sports programs, where there are breaks, or programs that are a direct or delayed transmission of a performance or an event with breaks for the audience. Placement of such advertising blocks must be done taking into account the program's natural breaks, duration and nature, and in such a way that neither the program's integrity and value or the holder's rights are violated.

§ 5. Advertising in radio can be placed everywhere in the air.

§ 6. Advertisements for alcohol, non-prescription medicines and dietary supplements should not be placed in association with programmes aimed at minors.

Extent

§ 7. Advertising may not exceed 15 per cent of the individual authorisation holder or a registered program business daily transmission time and a maximum of 12 minutes per hour.

(2). If individual parts of the total daily airtime, allocated to the holder of a permit for radio or television company or a registered program activities, are shorter than 1 hour, reduced the 12 minutes per hour within such period of time proportionally.

(3). Advertising on television in the form of direct offers to the public for the sale, purchase or rental of products or services shall not exceed one hour per day and must be contained in the prime time referred to in paragraph 1.

(4). Paragraphs 1 to 3 shall not apply to text-tv.

Chapter 3

Advertising content

General rules

§ 8. Advertising on radio and television, as all other advertising, must be legal, proper, honest and truthful and be designed with proper social responsibility.

(2). Advertisements must be in accordance with the marketing practices and incidentally respect generally accepted ethical standards of advertising.

(3). It must appear in the advertisement, who is the advertiser, possibly by trademarks or other trademarks.

(4). The observation of those referred to in paragraphs 1 and 2 concerning the circumstances in which the emphasis is on the radio and television reception in General takes place.

§ 9. A program employee who participates in a news or current affairs program, including sports news and current affairs programs relating to sports, must not appear in a television advertisement broadcast of the same program. Television commercials broadcast by the programme concerned undertaking must not contain symbols or the default elements from undertaking programs.

(2). A person who participates in a television programme that fall outside of those referred to in paragraph 1, shall be prohibited in a television advertising broadcast of the same program undertaking, provided that such participation may give rise to the advertisement to be confused with a television program broadcast by the programme concerned undertaking.

§ 10. Advertising must not encourage acts of violence. They must not contain feature with murder, violence or abuse, and they must not unduly show play on superstition or fear.

(2). Advertisements must not be discrimination on grounds of race, sex, age, religion or nationality, or infringe upon people's religious or political beliefs.

(3). Advertising must not encourage behaviour contrary to reasons of safety at home, at work or in traffic, or to dangerous, irresponsible, injurious to health or environmental harmful behaviour in General. If the use of a product requires to be taken into account, the advertisement shall make special security attention.

§ 11. Advertisements must not depict or refer to people, be it in the private or public properties, unless prior permission is obtained. Advertisements must not without prior permission depict or refer to something that belongs to a person in a manner which is suited to evoke the impression of a personal recommendation.

§ 12. Advertising which used subliminal techniques, do not broadcast.

Products and services, etc.

§ 13. Advertising for alcoholic beverages shall comply with the following rules:

1) They do not specifically apply to minors and, in particular, must not show minors consuming alcohol.

2) you must not connect alcohol consumption with increased physical performance or driving a car.

3) it shall not create the impression that the consumption of alcohol contributes towards social or sexual success area.

4) must not imply that alcohol has therapeutic properties, to the work stimulating or sedating, or that it can be used to resolve personal conflicts with.

5) it shall not encourage immoderate consumption of alcohol or present abstinence in a negative light.

6) you may not place special emphasis on high alcoholic content as a positive quality of the drink.

§ 14. Advertisements for pharmaceutical products and health care can broadcast in accordance with the rules laid down to that effect in the law on medicines and the law on the marketing of health services or the rules thereunder.

§ 15. In television, there must be no broadcast advertising for employers ' organizations, trade unions, religious movements, political parties, political movements and elected members or candidates for political gatherings.

(2). In television, there should not broadcast advertisements for political messages in the period from the time of calling of elections for political meetings or referenda and until the holding of the elections or vote. Is the date of the election or referendum announced earlier than 3 months before holding, arises, the commercial-free period first 3 months before the holding of the elections or vote.

§ 16. There must not broadcast advertisements for tobacco products or for goods that are mainly used in the context of tobacco control, see. law banning tobacco advertising, etc.

Protection of minors

§ 17. Advertising aimed at minors, must not be designed in such a way that they could harm them mentally or morally. They must not be designed in such a way that they take advantage of minor's natural credulity and loyalty as well as their special confidence in parents, teachers or others. They must not undermine their authority and responsibility.

§ 18. Advertisements shall not unreasonably show minors in dangerous situations or encourage or exhort minors to live or move into dangerous places, use dangerous products or in General bring themselves in dangerous situations.

§ 19. Advertisements must not contain any direct appeal to minors to persuade others to buy the product being advertised. There must not be advertised with prizes to the minors as a reward to bring in new buyers.

§ 20. Advertisements must not undermine social values, URf.eks. by instilling the idea that the possession, use, or consumption of a product in itself will give minors physical, social or other psychological advantages over other minors, or that it is not to own, use or consume such a product can have the opposite effect. It is also not allowed to advertise in such a way that minors get the perception that they in any way will be worse off than other children, or that they will be exposed to contempt or ridicule if they do not own, use or consume the product in question.

§ 21. Special care must be exercised to ensure that television advertising does not mislead minors with regard to the advertised product's size, value, nature, durability or performance.


(2). In television advertisements for toys should give a clear indication of the right size. If extra stuff needed for the product can be used (URf.eks. batteries) or in order to obtain the displayed or described result, this must be clearly stated. If a product is part of a series, this must be clearly expressed.

(3). Expressions of price shall not be capable of instilling minors an unrealistic perception of the value of the product, URf.eks. by using the word ' only '. No television advertising must imply that the advertised product immediately can fit into any family budget.

(4). Television advertising shall indicate the degree of skill required to use the product. In cases where the result of the product's use is shown or described, the advertisement shall be designed in such a way that the result should be reasonably achievable for the average viewer at the age in which the product is intended.

§ 22. Figures, dolls and the like, which are significant and recurring elements in programmes aimed at children under 14 years of age on the program in question undertaking may not be used in advertisements broadcast by this for products of particular interest to children.

(2). Persons who are related to programs directed to children under the age of 14 years on the program in question undertaking must not appear in advertisements broadcast by this for products of particular interest to children under the age of 14.

§ 23. Advertisements for chocolate, candy, soft drinks, snacks and the like do not indicate that the product can be substituted for regular meals.

§ 24. Children under 14 years of age may only contribute in television advertising, when such participation either is presented as a natural component of the depicted environment or is needed to explain or demonstrate the use of products that have to do with children.

(2). Children under 14 years of age may not submit recommendations or certified statements for products or services of any kind.

Council of Europe Convention on Transfrontier Television

§ 25. In order to avoid distortions of competition and the risk of bringing a State television system in jeopardy, must broadcast programmes from the Danish territory, which included commercials and teleshopping spots, which are specifically and with some frequency is aimed at viewers in a State which has acceded to the Council of Europe Convention on cross-border television, not circumvent its rules on advertising and teleshopping. In deciding whether circumvention, which, among other things. the emphasis is on whether the advertisements and teleshoppingindslagene actually received in one or more States, whether it being advertised, are available in that State, whether the State language is used in the advertisements and teleshoppingindslagene, as well as whether in advertisements and teleshoppingindslagene please refer to the sales points etc. of the State in question.

(2). Paragraph 1 shall not apply where the person receiving State rules don't discriminate between advertisements and teleshopping broadcast by their own television stations and advertising and teleshopping broadcast by physical or legal persons, which falls under the jurisdiction of other States, as well as in situations where there is between the States concerned have concluded bilateral or multilateral agreements to that effect.

Chapter 4

Sponsorship of programs

section 26. By sponsorship of programs means any granting of direct or indirect subsidies for the financing of radio and television programmes, including Teletext pages, from a natural or legal person not even practising by broadcast or in the production of radio or television programmes, films, phonograms, etc., with a view to promoting its name, trade mark (logo), its image, its activities or its products.

§ 27. Sponsored programmes must be clearly identified by the fact that the sponsor's name, trade mark (logo), product or service specified by the program's beginning, end, or both. Such indications must not, however, occur in the program. In text-tv set the sponsor's name, trade mark (logo), product or service on individual Teletext pages are sponsored.

(2). Identification of sponsorship from undertakings whose activities include the manufacture or sale of medicinal products must not be achieved by the promotion of certain medicinal products available only on prescription in accordance with the law on medicines.

(3). If the program has 1 or 2 sponsors, the total duration of the Declaration by the sponsor does not exceed 10 seconds. Have a program 3 or more sponsors, the total duration of the Declaration of the sponsors do not exceed 30 seconds.

(4). In radio, the Declaration of sponsors take place in a neutral form. The Declaration must not be accompanied by a special lydbaggrund that are related to the sponsor or its products, etc.

(5). In television the indication of sponsors take place in the form of moving images containing the sponsor's name, trade mark (logo), product or service. The program is addressed in particular to children, however, the Declaration must be made in the form of non-moving images. The Declaration must not be accompanied by a special lydbaggrund that are related to the sponsor or its products, etc.

section 28. Content and programming of a sponsored programme must not be influenced by the sponsor in such a way that it has an impact on radio or television undertaking the responsibility and editorial independence with regard to the programmes.

(2). Similarly, program content and program statement is not affected by the companies, etc., with which radio or television undertaking has concluded commercial agreements related to the program's premises in such a way that it has an impact on radio or television undertaking the responsibility and editorial independence.

section 29. A sponsored program must not encourage the purchase or rental of the sponsor's or others ' products or services, in particular, should these not be highlighted in special way in order to promote the marketing of them.

(2). In competitions, etc., where the sponsors ' or others ' products or services are included as prizes, prizes may only be displayed and discussed on a short and neutral way, which does not go beyond the information that is required to implement competition, etc. Addresses the program itself particularly to children under 14 years of age, have sponsored prizes does not appear, but only given a neutral information on their nature and the nature of the company.

section 30. Programmes may not be sponsored by undertakings whose principal activity is to produce or sell tobacco products or other products that are mainly used in conjunction with smoking.

(2). In radio, which is part of the overall public service, see. § 11, and in television may not broadcast programmes which are sponsored by employers ' organisations or trade unions or political parties or religious movements.

section 31. In television news and current affairs shall not be sponsored.

(2). In radio, which is not included in the total public service, see. § 11, news and current affairs sponsored.

(3). By current affairs programs for the purposes of this Ordinance only programs that directly relate to news of political or social significance, such as programs consisting of comments to news or political views to news, current events, etc.

section 32. In local radio and tv can happen the sale of air time to non-commercial entities.

(2). In local television, there may not be the sale of air time for dissemination of information and views on employers ' organizations and trade unions, or for dissemination of religious movements or political parties.

(3). Notice the rules on sponsorship shall furthermore apply to the sale of air time.

Chapter 5

Violation

section 33. Radio and television Board decides on identification, location, and extent of advertising regulation. Chapter 2.

§ 34. Radio and television Board decides on radio and television advertising content, see. Chapter 3.

(2). In matters relating to compliance with the law on medicines and the law on the marketing of health services, the Committee shall request the prior decision taken an opinion at the Danish Medicines Agency or the National Board of health. In cases of consumer legal relevance, the Committee shall request the prior decision is taken, a statement with the Consumer Ombudsman. The statements must be the Board not later than 4 weeks from receipt of the Board's request.

(3). The Board can reprimand transgressions of the rules and can impose program undertaking to publish the decision. The Board can determine in what way and in what form this should take place.

(4). The Tribunal shall decide on the reply above for information on actual character, which is broadcast in advertising spots. Right of reply implies that the information is appropriate to inflict any economic or other damage of importance and that their accuracy is not indubitable. The Tribunal may impose on undertaking programme to broadcast a reply. The Committee can decide on the genmælets content, form and space.

section 35. Radio and television Board decides on identification of the sponsor and the sponsored programs, see. Chapter 4.

§ 36. Violation of the provisions of Chapter 1, Chapter 2, Chapter 3, Chapter 4, as well as breach of the Radio and television Board's order made under section 34 (3) and (4), be punished by a fine.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 6

Date of entry into force of

section 37. The notice shall enter into force on the 1. October 2009.


(2). At the same time repealed Executive Order No. 1368 by 15. December 2005 relating to the advertising and sponsorship on radio and television.
The Ministry of culture, the 25. September 2009 Carina Christensen/Lars m. Banke