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ICASA has revealed new laws governing promoting, infomercials and programme sponsorship. The laws are binding on Broadcasting Service Licensees and are available into operation on 29 December 2023
On 29 June 2023, the Impartial Communications Authority of South Africa (ICASA) revealed the Promoting, Infomercials and Programme Sponsorship Rules, 2023 (the Rules). These substitute the Promoting, Infomercials and Programme Sponsorship Rules, 1999.
Their aims are to:
defend audiences from extreme promoting;
guarantee promoting, infomercials and programme sponsorships are clearly distinguishable from regular programming; and
preserve the editorial independence of Broadcasting Service Licensees.
Promoting
The Rules broadly outline an commercial as any materials broadcast in visible and/or audio type, for which the Broadcasting Service Licensee receives consideration in money or in any other case and which promotes the pursuits of any individual, product, or service.
Regardless of this broad definition, the Rules distinguish between commercials and programme competitions, branded promotional spots, branded filler materials, self-promotion promos and sponsorship parts within the type of on-air depictions of, or referrals to, any model, product or identify
By way of the Rules, a Broadcasting Service Licensee should make sure that the first goal of any programme competitors, branded promotional spot, branded filler materials, self-promotion promo or sponsorship aspect that it broadcasts is to (i) promote the broadcasting service licensee itself; or (ii) promote the programme involved, slightly than selling the business pursuits of the individual, services or products referred to in the middle of the transmission.
Infomercials
Infomercials are distinguished from commercials in that they’re outlined as (i) commercials of greater than two minutes period; or (ii) commercials which provide a direct services or products to members of the general public in return for fee, often containing an indication of the usage of the services or products.
Broadcasting Service Licensees are prohibited by the Rules from transmitting any infomercials throughout prime time or throughout the transmission of or breaks within the transmission of a youngsters’s programme.
A Broadcasting Service Licensee should additionally make sure that all infomercials it transmits are clearly labelled and introduced as infomercials. No Broadcasting Service Licensee could transmit infomercials for greater than two (2) hours cumulatively in a single day (this doesn’t apply to devoted infomercial channels).
Programme Sponsorship
Programme sponsorship is outlined because the direct or oblique financing, whether or not partial or complete, of the manufacturing or transmission of a broadcast programme by an advertiser or individual to advertise its personal or one other individual’s identify, trademark, picture, actions or product.
The Rules require Broadcasting Service Licensees to make sure that they don’t lose editorial management of any programme sponsorship. Specifically, Broadcasting Service Licensees could not enter into any sponsorship settlement which permits a sponsor to in any approach affect the content material or scheduling of sponsored programmes.
Broadcasting Service Licensees should guarantee any product placement, names or logos of the sponsor are subordinate to the content material of the programme materials. Any product placement or sponsorship have to be clearly recognized on the finish of the programme, with a disclosure of the character of the connection between the sponsor and the Broadcasting Service Licensee.
Broadcasting Service Licensees may not settle for sponsorship for, or product placement in, any programme which pertains to information or present affairs. Nevertheless, the Broadcasting Service Licensee could settle for sponsorship for climate forecasts and sports activities bulletins which represent a part of a information programme.
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