Section 368H | [ Prohibition Of Product Placement And Exceptions] | Communications Act 2003 C21

[368H Prohibition of product placement and exceptions]

Communications Act 2003 (2003 c 21) | Legislation

[368H Prohibition of product placement and exceptions]

[(1) “Product placement”, in relation to a programme included in an on-demand programme service, means the inclusion in the programme of, or of a reference to, a product, service or trade mark, where the inclusion—

(a) is for a commercial purpose,

(b) is in return for the making of any payment, or the giving of other valuable consideration, to any relevant provider or any connected person, and

(2) “Prop placement”, in relation to a programme included in an on-demand programme service, means the inclusion in the programme of, or of a reference to, a product, service or trade mark where—

(a) the provision of the product, service or trade mark has no significant value; and

(b) no relevant provider, or person connected with a relevant provider, has received any payment or other valuable consideration in relation to its inclusion in, or the reference to it in, the programme, disregarding the costs saved by including the product, service or trademark, or a reference to it, in the programme.

[(3) Product placement is prohibited in any of the following included in on-demand programme services—

(a) children's programmes;

(b) news