Keeping advertising and programming apart is the first rule of the commercial communication regime. Article 10/1 establishes it with two tests: advertising and teleshopping are arranged so as to be clearly recognisable through an audible and/or visual warning and readily distinguishable from the other elements of the programme service.
Two conditions, both required
| Condition | Meaning | What it looks like in practice |
|---|---|---|
| Recognisable through a warning | The start and end of the break must be signalled by a warning | Break titles, a change of audio treatment, an on-screen caption |
| Readily distinguishable | The viewer must understand without hesitation that what they are watching is advertising | Advertising that mimics the programme’s format, presenter and set is not acceptable |
The Law says “audible and/or visual”. On radio the warning is audible; on television it may be audible or visual or both.
Where breaks may be placed
Article 10/6 grants placement freedom subject to a limit: advertising and teleshopping may be inserted between programmes, or within a programme in a manner that does not impair the integrity and value of the programme or the rights of rights holders.
The same paragraph fixes the placement point for certain types: “In programmes consisting of independent parts, or in sports programmes containing intervals and event and show programmes of a comparable structure, advertising and teleshopping broadcasts shall be inserted in the parts or intervals.”
- In a football match the break goes at half time, not while play is running.
- In a segmented quiz show the break goes between segments.
- An interruption in the middle of a documentary that destroys the narrative may fall foul of the “does not impair the value” test.
Programmes with limited interruptions
Article 10/7 directly limits interruption frequency in three types: films made for cinema and television, news bulletins and children’s programmes. Where the scheduled broadcasting time exceeds thirty minutes, they may be interrupted once for each thirty minutes. Where the duration does not exceed thirty minutes, no interruption is permitted.
Teleshopping has its own warning rule
Article 10/4 requires an express warning for a teleshopping window: broadcasts may be made “uninterrupted for a minimum of fifteen minutes, clearly indicated by an audible and visual warning”. Note that here the Law says “and”, not “and/or” — a teleshopping window is expected to carry both an audible and a visual warning. Its duration may not exceed one hour in total within one day.
Practices that destroy the separation
The following undermine the “readily distinguishable” test in Article 10/1 and may also conflict with Article 8/1(j), under which broadcasting services may not contain elements serving unjust interests and giving rise to unfair competition:
- The programme presenter reading advertising on the programme set and in the programme’s identity
- Promotion presented with the identity or titles of a news bulletin
- Promotional segments sliding into the programme without a warning
- Going straight to advertising without break titles
- Segments constructed to look like editorial content but paid for
Logo use during breaks
Article 21/2 contains a further separation rule: “It is essential that television broadcasting service providers use their logos in a modified form during advertising broadcasts and do not impair the basic characteristic of the block graphic.” Differentiating the logo during a break is expected, but the change may not go so far as to destroy the logo’s basic character.
Sponsorship and product placement are separate regimes
Ad break rules do not apply to programme sponsorship (Art. 12) or product placement (Art. 13); each has its own disclosure regime. Under Article 10/3 neither counts toward the twenty per cent hourly share. A common principle nevertheless runs through both: editorial independence must not be affected and there must be no undue prominence of the product.
Duration ceilings are in the advertising time guide and sponsorship disclosure in the sponsorship guide.