Sponsorship

FAQ's

Q What do we mean by "extracts from advertising"? (Rule 11.1.3) 
A The purpose of this rule is to distinguish credits from a sponsor's television advertising. Therefore no footage of television advertising that is less than 3 years old is permitted in sponsor credits.  However, it may be possible to use elements from advertising such as characters, straplines and jingles provided this does not lead to close resemblance to the sponsor's television advertising.  If such elements are used, it should be remembered that they must not refer to the qualities of the sponsor's product nor contain any direct invitation to purchase.  Most importantly, the credit must link with the programme being sponsored.

Q To what extent must the use of the sponsor's product in a credit help reflect the link between the sponsor and the programme? (Rule 11.1.2)
A If a sponsor's product is used in a credit, it is important that the overall effect of the credit creates a thematic link with the programme. However, the product does not need to be instrumental in creating this link.

Q If a programme strand is sponsored the credit must appear adjacent to the strand and a commercial break.  If this results in the credit appearing adjacent to a centre break within the main programme, how long can this credit be on Channels 3, 4 and 5?  (Rule 7.4 & Rule 14.1.1)
A In such cases, will we allow the duration as a front credit (15 seconds).

Q Can the programme sponsor's contact details - telephone number, address; email, fax etc - be included in the credits?  (Rule 11.1)
A Yes - but not as a call to action (e.g. not "ring now" or "go to our web site now")

Q Can an event sponsor donate the prize in a viewer competition during a programme covering their event? (Rules 18 and 19)
A Yes - but they cannot donate their own product or service

Q Can a trailer for a viewer competition refer to the brand of the prize? (Rule 18.2)
A No.  References to prize brands are allowed only when viewers are given details of how to enter the competition.

Q If a strand within a programme is sponsored, can the strand sponsor donate its own products/services as prizes in competitions outside the strand but within the programme? (Rule 18.2)
A No.  The strand sponsor is technically one of the programme sponsors and, as such, cannot donate its own products as prizes in competitions appearing anywhere within the programme.

Q In a sponsored programme, can a company linked to the sponsor (e.g. owned by the same parent company) donate its own products/services as competition prizes?
A Yes, if the prize donor trades independently of the programme sponsor.

Q The ITC Programme Code no longer restricts references to programme support material to the end of programmes.    Does this mean the sponsor of the support material may be identified when details of how to obtain the material are given during the programme?
A No.  Rule 10.2.1 of the ITC Code of Programme Sponsorship proscribes sponsor credits from appearing within programmes.

Q Can sponsor credits feature telephone numbers for premium rate services? (Rule 11)
A No.  ITC rules require advertising for premium rate services to comply with the ICSTIS (Independent Committee for the Supervision of Standards of Telephone Information Services) Code of Practice.  This Code requires all promotions for premium rate services to include call costs.
However, Rule 11.1.4 of the ITC Code of Programme Sponsorship prohibits specific references to the price of the sponsor's product or service from appearing in credits.  It is therefore not possible to include a premium rate number in credits and conform to both Codes.

Q The ITC Programme Code no longer restricts references to programme support
material to the end of programmes. Can a support material sponsor be identified when details of how to obtain the material are given during the programme? (Rule 21)
A No.  There must be no sponsor credits within programmes (Rule 10.2.1, ITC Code of Programme Sponsorship).  Additionally, the ITC Programme Code prohibits the
promotion of commercial products or services within programmes (Rule 8.1I, ITC
Programme Code).

Q Can a sponsor donate their own unbranded products as prizes within programmes they are sponsoring? (Rule 18)
A Although Rule 18.4 disallows sponsors donating their own products as prizes, the overall aim of Rule 18 is to prevent advertiser references in game shows and viewer competitions.   Therefore, a programme sponsor could donate its own product as a prize only if the prize brand is unidentifiable. This is likely to be possible only in a very few cases e.g. a sponsor who is a tour operator providing an unbranded holiday as a prize.  In no circumstances can there be a reference to the programme sponsor during a viewer competition or game show.

Q Can sponsors use the phrase ‘brought to you by’ (or similar) in their credits? (Rule 11)
A It is worth reminding all licensees and potential sponsors that this form of wording is specifically prohibited by the Code (Rule 11.2.2).  The reason is to ensure that the credit does not give the impression that the licensee’s broadcasting responsibilities have been compromised by the sponsorship.

Q Can an interactive icon in a sponsor credit lead directly to a commercial environment?
A Yes, but there must be no call to action (‘click here’ etc).  Direct access to the commercial environment must end when the credit closes.  Interactive icons during programmes must lead to programme related sites only (with the option of links to other commercial sites beyond the ‘first click’).  See the ITC Guidance to Broadcasters on the Regulation of Interactive Services for more information.

Q Can a sponsor’s front credit follow an item recapping a previous episode of the sponsored programme?  (Rule 10.2
A No.  Everything containing sponsor references must come before any other programme material (including last episode resumes).  Similarly, the end credit must follow all programme material (including programme credits).

Q Can a sponsor credit include product launch date information? (Rule 11)
A No.  The inclusion of dates (and/or times), such as product launches, sales, store openings and film/video releases, is a call to action / exhortation to purchase.

Q In a viewer competition or game show, are two prize brand references allowed if the prize donor has also received a credit?  (Rule 18.1)
A The rules on advertiser references in game shows and viewer competitions are designed to limit the exposure an advertiser receives during programmes.  A maximum of two advertiser references (visual or oral) are allowed during competitions.  Therefore, if the prize donor is credited once, only one reference to the prize brand is permitted.

Q What rules apply to the broadcast of events that occurred in the past?  (Rule 19)
A The Code is concerned with the time of broadcast, irrespective of when the event occurred.  This would not preclude archive clips of events, but any rebroadcasts of entire events must comply with the rules in place at the time of broadcast.

Q What programmes qualify as event coverage for the purpose of the Code (Rule 19)
A Rule 9.1 of the Code prohibits references to sponsors within the programmes they are sponsoring.  The only exceptions to this rule are during masthead programmes and during the coverage of bona fide events, when the broadcast and event sponsor is the same advertiser.

The latter exception only applies to the actual event coverage and does not extend to programmes based around events, such as ‘behind the scenes’ documentaries.  Such programmes are created for television and the programme-maker has a greater degree of control over the appearance of signage and branding far greater than when merely filming the actual event.  These programmes are therefore subject to Rule 9.1 and should contain no reference to the broadcast sponsor.  Other branding would be subject to the undue prominence rules within the Programme Code.

Although this does not rule out the event sponsor becoming the broadcast sponsor, extra vigilance is needed to ensure that no sponsor references (whether visual or oral) appear during the programme.

Q Rather than using ‘sponsored by’ in a sponsor credit to identify the sponsorship, can a term such as ‘flavoured by’ be used instead?
A Rule 10.1 of the Code requires that any sponsorship must be clearly identified.  With this is mind, we would advise that the front credit uses the more conventional terms to explain the relationship.  Thereafter, more imaginative ways of identifying the sponsorship could be used for the bumper and end credits.

Q Can a sponsor’s advertisement  appear in the break of the programme being sponsored?
A Yes, provided the advertisement does not refer to the programme sponsorship.

Q Can a programme which uses clips of events that have already been broadcast, qualify as event coverage for the purpose of Rule 19?
A No.  The programme would not be covering an actual event.  It would therefore need to comply with Rule 9.1, which prohibits references to sponsors within a programme they are sponsoring.

Q Could a company that markets toys and merchandise for a feature film also sponsor the broadcast of that film?
A No.  This would breach the spirit of Rule 8.6 which is designed to prevent a company from sponsoring or funding any programme with which they have a merchandising arrangement.

Q If an organisation is donating a prize for a viewer competition, is the donation sufficient for them to be considered as a programme sponsor and thus benefit from the sponsor reference in programme trailers?
A No.  The organisation would need to meet some or all of the costs of the programme to be considered a programme sponsor.

Q Can a sponsor credit contain a competition to win the sponsor’s product?
A No.  Viewer competitions containing brand mentions must take place within a programme or presentation time.  It must also be remembered that the main purpose of a credit is to create an association between the sponsor and the programme.

Q Does Rule 8.6 prevent a programme being made, based on a character from a book, for which merchandise is already available?
A This rule does not allow companies that have been involved in merchandising arrangements for a programme to fund the programme with which they have been involved.  The ITC’s concerns, therefore, would not be that merchandising exists, simply that the programme cannot be funded by any organisation which has been involved in the merchandising arrangements.

It is worth noting, however, that 17.2 of the Code states that a close similarity between a programme’s content and an advertiser’s advertising or, indeed, other marketing activity such as merchandising, might constitute grounds for regarding the programme as having an unacceptable promotional purpose, regardless of whether the advertiser is involved in making the programme or not.  It would be up to the broadcaster, therefore, to ensure that the content of the programme is sufficiently different from any merchandise or advertising to avoid falling foul of 17.2

Q Rule 11.1.4 prohibits the use of specific references to product or service attributes, benefits or prices in sponsor credits.  What exactly does this mean
A When considering credits under this rule it is worth remembering why it is there.  One of the key principles of the Code is that a distinction is maintained between sponsor credits and advertising, and to ensure that credits are not used to extend the time allowed for advertising.  The rule exists to prevent sponsor credits being used for the sort of selling propositions that should be confined to advertisements, and further to ensure that credits achieve their primary objective of creating an association between the sponsor and the programme being sponsored.

This key principle is one of the main factors the ITC considers when making Code judgements. We have drawn up the guidelines below to assist licensees when complying credits under rule 11.1.4.  Licensees should be aware that this advice is not definitive or exhaustive and they should seek guidance from the ITC if unsure about a particular statement (agencies and sponsors should speak to licensees).

Attributes – Not all adjectives will be seen as attributes and a simple description of the sponsor’s product or service is unlikely to present problems.  However, descriptions that suggest the product/service is superlative are likely to fall foul of the Code.  As a general rule of thumb, comparative statements should be avoided.
e.g. “The worlds largest retail outlet” – unacceptable
“No. 1 for service” - unacceptable
Benefits  - These are statements that suggest the sponsor’s product or service is advantageous in some way.  They may or may not be comparative.
e.g. “ Contains whole grains to help maintain a healthy heart” - unacceptable
Prices – Specific statements about a sponsor’s prices are not allowed but generalised statements about a sponsor’s pricing policy may be acceptable.
e.g.   “Great value every day”  - acceptable
“Lowest prices guaranteed” – unacceptable

Q Why does the ITC not allow the use of ‘brought to you by’ to describe a sponsor’s relationship with a programme? (Rule 11.2.2)
A One of the key aims of the Sponsorship Code is to ensure that sponsors do not influence the content or scheduling of programmes in such a way as to affect the editorial independence and responsibility of the broadcaster (Rule 4.1).  Expressions such as ‘brought to you by’ suggest the sponsor has had an unacceptable level of control over the programme and are therefore not allowed.

Q What contact details are allowed in sponsor credits?
A Sponsors may include contact details such as telephone and fax numbers, web and postal addresses (see update no. 1)**.  However, the credit must contain no invitation to contact the sponsor e.g. ‘call now’.

Q What rules apply to advertiser funded programmes (AFPs)?
A We have recently seen a rise in the number of enquiries regarding advertiser-funded programmes.   While the ITC has no wish to discourage this type of funding arrangement, it is important for all parties involved to understand the extent to which the funder can be involved in the programme.  AFPs are subject to the same rules as conventional sponsored programmes. Importantly, the funder must not influence the content or scheduling in such a way as to affect the editorial independence of the broadcaster (Rule 4.1).  While the funder can benefit from credits around the programme (Rule 11), there must be no reference whatsoever to the funder within the programme (Rule 9.1).  This restriction also extends to generic references to the funder’s product/service where the reference could be judged to be promotional. 

Q Can public bodies fund informational programmes?
A Yes, public information programmes can be funded by public bodies (such as the UK government or the European Commission).  Such programmes can impart only non-controversial information in a non-promotional manner.  Programmes must not include subjects that are a matter of public policy or political in nature.  Information should be given in an impartial manner and the funders involvement with the programme must be clearly labelled (e.g. during the end production credits).  As the purpose of these programmes is not promotional, the funder’s involvement is not subject to the ITC Code of Programme Sponsorship and the funder cannot benefit from sponsorship credits.

Q Can a programme producer sponsor its own programme?
A The ITC Code of Programme Sponsorship defines a sponsor as “any organisation or person other than the broadcaster or television producer…’  This definition is derived directly from the Television Without Frontiers Directive and prevents those involved in either funding or broadcasting a programme from also sponsoring it.  The reason for this prohibition is to exempt the
broadcaster/producer from the restrictions the Sponsorship Code places on programme sponsors (e.g. not affecting the editorial content of the programme etc).  However, as a result of the definition, broadcasters/ producers also cannot benefit from the promotional benefits associated with sponsorship (credits etc.)