Product Placement in Television Services’ Programmes
Deliberation 2010-4 of 16 February 2010 relating to Product Placement in Television Services’ Programmes
Article 3(g) of Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (the “Audiovisual Media Services” Directive) prohibits product placement on all audiovisual media services. However, such practice is admissible in a number of limited identified cases, unless a Member State decides otherwise.
French lawmakers have elected to avail themselves of such ability. Under Article 14-1 of Law 86-1067 of 30 September 1986 relating to communication freedom, as amended under Law 2009-258 of 5 March 2009, the Conseil supérieur de l’audiovisuel is in charge of setting forth the terms and conditions under which audiovisual communication services’ programmes may include product placement.
For such purpose, the Conseil carried out extensive consultation with affected industry professionals by means of a series of hearings. Such meetings enabled the Conseil to assess expectations and concerns associated with such form of commercial communication, in particular, the requirement to protect creative independence.
I. Scope
This deliberation shall apply to broadcasters of television services.
II. Product Placement Definition and Perimeter
Pursuant to article 1(m) of Directive 2007/65/CE, product placement means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or the trade mark thereof so that it is featured within a programme, in return for payment or for similar consideration.
For purposes of the implementation of this deliberation, product placement shall mean paid product placement, i.e., the provision under a legal agreement of goods or services whose brand is recognisable within the programme.
III. Compliance with Rules Applicable to All Audiovisual Commercial Communications
Product placement shall comply with all rules applicable to any audiovisual commercial communications under article 3(e) of Directive 2007/65/CE.
The content of such rules is of an ethical nature. Their purpose is to protect the general interest by laying down standards to identify commercial communications and prohibitions for public health safety reasons.
IV. Programmes that may Include Product Placement
Product placement shall be authorised in cinematographic works, audiovisual fictions and music videos, except when the target audience is children.
It shall be prohibited in any other programmes.
V. Products and Services that may not be Placed
The following products may not be placed:
- drinks with an alcohol content is in excess of 1.2;
- tobacco, tobacco products and those ingredients defined in article L.3511-1 of the French code de la santé publique (public health code);
- medications as defined in article L.5111-1 of the French code de la santé publique (public health code), whether prescription or over-the-counter;
- firearms and ammunition, except on those television services listed in section 5 of décret 85-1305 of 9 December 1985;
- infant formula as defined in article L.121-50 of the French code de la consummation (consumption code).
A programme’s sponsor’s products or services may not be placed during such programme.
VI. Product Placement Form Requirements
Pursuant to article 14-1 of the Law of 30 September 1986, programmes including product placement shall fulfil the following requirements:
- their content and their scheduling shall in no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the broadcaster;
- they shall not directly encourage the purchase or rental of third-party goods or services, in particular by making special promotional references to those goods, services or trademarks;
- they shall not give undue prominence to the product, service or trademark in question.
VII. Terms and Conditions in which Viewers must be Advised that a Product is being Placed
Pursuant to article 14-1 paragraph 4 of the Law of 30 September 1986, viewers shall be clearly advised that a product is being placed. For such purpose, programmes including product placement shall be identified by means of a pictogram whose form and technical specifications shall be determined by the Conseil.
Such pictogram shall be displayed for one minute at the start of the programme, for one minute after each advertising break, and throughout the credits at the end of the programme.
When a music video is broadcast, the pictogram shall be displayed throughout the video’s broadcasting.
These advisory terms and conditions shall apply irrespective of the programme’s origin or production conditions.
Television services shall regularly inform viewers of what the pictogram means.
VIII. Contractual Relations
When product placement occurs in a programme produced, co-produced or pre-purchased by a broadcaster, the economic relations between the advertiser, the programme’s producer and the television service broadcaster shall be set forth in a legal agreement.
IX. Interim and Final Provisions
Viewers’ advisory provisions shall be implemented in two separate periods:
- For a 2-month period starting as from the date of the first broadcast by a broadcaster of a programme including placement of a product, the pictogram shall be displayed for five seconds at the start of the programme in a streamer stating in easily readable font: « This programme includes product placement ». Following display of such a streamer, the pictogram shall be used in the terms and conditions set forth in paragraph VII of this deliberation.
- At the end of such initial period, viewers shall be advised that a product is being placed in the terms and conditions set forth in paragraph VII of this deliberation.
Product placement on behalf of a legally authorised gambling operator shall be prohibited, until such time as a specific deliberation in this regards is adopted, as the case may be.
The Conseil shall take stock of the implementation of this deliberation two years after its entry into force.
This deliberation shall be published in the Journal officiel de la République française, and shall enter into force on the day following its publication. It shall only apply to programmes produced after such date.
Made in Paris, on 16 February 2010.
On behalf of the Conseil supérieur de l’audiovisuel:
The Chair,
Michel BOYON