Ofcom publishes its review of cross-promotion
rules
Ofcom today publishes proposals for the future regulation of cross-promotional
activities by the commercial television broadcasters.
Cross-promotion is the promotion on one television channel of another
channel or service, such as ITV1 promoting programmes on ITV3 or
Channel 4 promoting E4 or E4's availability on cable, satellite
and Freeview.
Ofcom inherited the current rules from the Independent Television
Commission (ITC) and has a duty to review them in order to ensure
that they remain relevant and appropriate.
Ofcom has considered whether it remains appropriate to regulate
cross-promotion on both a content and competition basis. The preliminary
conclusions of its analysis are that, with the exception of two
specific areas, it is appropriate to de-regulate and remove the
current rules. In particular, Ofcom is proposing to remove the 30%
shareholding requirement (where the promoting channel must have
a shareholding of at least 30% in the promoted channel or service)
and replacing it with more flexible guidance.
As far as the content of cross-promotions is concerned, Ofcom proposes
to use the Broadcasting Code wherever appropriate, rather than separate
dedicated rules.
Ofcom proposes the following two rules:
• a requirement on all commercial television licensees to limit
the subject of cross-promotions to broadcasting-related services.
This is necessary in order to protect consumers from promotions
that provide no benefit to their viewing experience and might resemble
advertising.
• a requirement on ITV1, Channel 4 and Five to maintain neutrality
between digital retail television services and digital platforms.
This is particularly important as analogue-only homes must make
choices about digital television services in the run up to digital
switchover. Consumers should have the opportunity to make informed
decisions about their choice of digital retail television service
or digital platform.
Cross-promotion by the BBC
Ofcom has no powers to regulate the BBC's cross-promotional activities
and the review makes no proposals in respect of the BBC. However,
Ofcom considers that the analysis and proposals for regulation set
out in its consultation document have equal application to the BBC
as to commercial broadcasters. Ofcom has discussed its views with
the Department of Culture, Media & Sport (DCMS) which is in
the process of its BBC Charter review. Ofcom considers it important
that the White Paper should require the BBC to adhere to the same
set of requirements as that imposed on ITV1, Channel 4 and Five.
Ofcom’s consultation on the review of the cross-promotion
rules closes on 17 February 2006. The consultation document can
be found at:
http://www.ofcom.org.uk/consult/condocs/promotion/
Ofcom today also publishes two research reports that were undertaken
to inform the review: Television promotions – what the viewers
think; and Analysis of current promotional activity on television.
They can be found at:
http://www.ofcom.org.uk/research/tv/reports/promotion
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