Space Law TOP
Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index

Chapter III Advertising

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.
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.
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.
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.
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.
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.
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.

BACK Japanese