Article 11 |
General standards
1. |
All advertisements shall be fair and honest. |
2. |
Advertisements shall not be misleading and shall not prejudice
the interests of consumers. |
3. |
Advertisements addressed to or using children shall avoid
anything likely to harm their interests and shall have regard
to their special susceptibilities. |
4. |
The advertiser shall not exercise any editorial influence
over the content of programmes. |
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Article 12 |
Duration
1. |
The amount of advertising shall not exceed 15% of the daily
transmission time. However, this percentage may be increased
to 20% to include forms of advertisements such as direct offers
to the public for the sale, purchase or rental of products or
for the provision of services, provided the amount of spot advertising
does not exceed 15%. |
2. |
The amount of spot advertising within a given one-hour period
shall not exceed 20%. |
3. |
Forms of advertisements such as direct offers to the public
for the sale, purchase or rental of products or for the provision
of services shall not exceed one hour per day. |
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Article 13 |
Form and presentation
1. |
Advertisements shall be clearly distinguishable
as such and recognisably separate from the other items of the
programme service by optical or acoustic means. In principle,
they shall be transmitted in blocks. |
2. |
Subliminal advertisements shall not be allowed. |
3. |
Surreptitious advertisements shall not be allowed,
in particular the presentation of products or services in programmes
when it serves advertising purposes. |
4. |
Advertisements shall not feature, visually or
orally, persons regularly presenting news and current affairs
programmes. |
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Article 14 |
Insertion of advertisements
1. |
Advertisements shall be inserted between programmes. Provided
the conditions contained in paragraphs 2 to 5 of this Article
are fulfilled, advertisements may also be inserted during programmes
in such a way that the integrity and value of the programme
and the rights of the rights holders are not prejudiced. |
2. |
In programmes consisting of autonomous parts, or in sports
programmes and similarly structured events and performances
comprising intervals, advertisements shall only be inserted
between the parts or in the intervals. |
3. |
The transmission of audiovisual works such as feature films
and films made for television (excluding series, serials, light
entertainment programmes and documentaries), provided their
duration is more than forty-five minutes, may be interrupted
once for each complete period of forty-five minutes. A further
interruption is allowed if their duration is at least twenty
minutes longer than two or more complete periods of forty-five
minutes. |
4. |
Where programmes, other than those covered by paragraph 2,
are interrupted by advertisements, a period of at least twenty
minutes should elapse between each successive advertising break
within the programme. |
5. |
Advertisements shall not be inserted in any broadcast of a
religious service. News and current affairs programmes, documentaries,
religious programmes, and children's programmes, when they are
less than thirty minutes of duration, shall not be interrupted
by advertisements. If they last for thirty minutes or longer,
the provisions of the previous paragraphs shall apply. |
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Article 15 |
Advertising of particular products
1. |
Advertisements for tobacco products shall not be allowed. |
2. |
Advertisements for alcoholic beverages of all varieties shall
comply with the following rules:
a. |
they shall not be addressed particularly to minors and
no one associated with the consumption of alcoholic beverages
in advertisements should seem to be a minor; |
b. |
they shall not link the consumption of alcohol to physical
performance or driving; |
c. |
they shall not claim that alcohol has therapeutic qualities
or that it is a stimulant, a sedative or a means of resolving
personal problems; |
d. |
they shall not encourage immoderate consumption of alcohol
or prevent abstinence or moderation in a negative light; |
e. |
they shall not place undue emphasis on the alcoholic
content of beverages. |
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3. |
Advertisements for medecines and medical treatment which are
only available on medical prescription in the transmitting Party
shall not be allowed. |
4. |
Advertisements for all other medecines and medical treatment
shall be clearly distinguishable as such, honest, truthful and
subject to verification and shall comply with the requirement
of protection of the individual from harm. |
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Article 16 |
Advertising directed specifically at a single Party
1. |
In order to avoid distortions in competition and endangering
the television system of a Party, advertisements which are specifically
and with some frequency directed to audiences in a single Party
other than the transmitting Party shall not circumvent the television
advertising rules in that particular Party. |
2. |
The provisions of the preceding paragraph shall not apply
where:
a. |
the rules concerned establish a discrimination between
advertisements transmitted by entities or by technical
means within the jurisdiction of that Party and advertisements
transmitted by entities or by technical means within the
jurisdiction of another Party, or |
b. |
the Parties concerned have concluded bilateral or multilateral
agreements on this area. |
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