04/12/2009

From 7^th December 2009, in anticipation of the implementation of the Audio Visual Media Services Directive (AVMS) on 19th December 2009, Clearcast will offer Video on-Demand Advice for VoD providers and advertisers through their agencies.

VoD ads will be subject to the CAP Code and are not required to be cleared in the same way as linear ads.  Clearcast’s shareholder VoD providers have, however, decided to maintain the high level of viewer confidence in these ads by asking Clearcast to give advice on the acceptability of VoD ads and to help them to meet their responsibilities as set out in the AMVS  (advertising to children, alcohol advertising, discrimination, environment etc).

VoD advertising should comply with the CAP Code which, with a few exceptions, mirrors the requirements of the BCAP Code.

The main differences are:

Substantiation: Broadcasters are bound to hold evidence of claims in TV commercials. While this will not be required for VoD, it does not obviate the need for advertisers to hold substantiation for any claims they make and will be required to supply it in the event of a challenge through the ASA.  Depending on the nature of the claims being made, Clearcast may require sight of evidence in support of claims when advising on the acceptability of VoD ads. Advertisers can also themselves ask for Clearcast’s advice on claim support.  In these circumstances, Clearcast will review evidence in the same way as it does for linear ads.   In most cases, however, Clearcast anticipates that it will seek assurances from advertisers that they hold adequate evidence in support of their claim.  Advertisers are for this purpose invited to use the standard letter available on Clearcast’s website (Submissions – Clearcast forms). If Clearcast is not satisfied that claims can be adequately substantiated, it will advise VoD providers of this.  The decision on whether to accept ads will rest with the providers. Advertisers, agencies and broadcasters can also seek compliance advice through CAP Copy Advice.

Other differences between TV and VoD ad clearances are

Scheduling restrictions: Because of the nature of VoD, timing restrictions currently assigned to linear ads cannot be carried across to VoD ads.   To help VoD providers decide where to appropriately place VoD ads, Clearcast will assign levels to ads.  These levels indicate whether there is violence, nudity, or potential harm or offence in an ad .The degree will be indicated on a level of 1 to 5, with 5 being the strictest. To simplify its use, we have linked the profiles to our current scheduling restrictions, so that a

Level 1 = PK (before and after children’s programmes)

Level 2 = TS (post 19.30)

Level 3 = TN (post 21.00)

Level 4 = TT (post 22.00), and

Level 5 = TL (post 23.00)

HFSS advertising: The CAP Code does not place scheduling restrictions on HFSS advertising.  With the exception of ads for fresh fruit and vegetables and water, Clearcast will identify all food and soft drinks ads to allow VoD providers to place them alongside suitable programmes.

Alcohol and gambling ads will be similarly identified, to help them to be suitably placed.

Ads that are intended to run both on linear TV and VoD will be cleared under the BCAP Code alone, while unique VoD ads will be considered under the CAP Code. Those submitted ads for consideration by Clearcast will be asked to indicate where ads are intended to run.  The use of clock numbers will be extended to VoD.

Who, when and what?

Clearcast has been asked by ITV, Channel 4, five, Sky and IDS/Virgin media to advise on VoD advertising and open to other VoD providers.  Advice on VoD ads can also be sought from the CAP Copy Advice team.  The team can be contacted at www.copyadvice.org.uk

VoD advertising is limited to pre-, mid- and post-rolls of VoD programmes. Any display advertisements or audio-visual ads the viewer will see before selecting a programme will not be covered by the directive and is therefore outside of Clearcast’s remit.

For more information, please contact

Kristoffer Hammer – Head of Policy and Customer Operations at Clearcast Kristoffer.Hammer@clearcast.co.uk

020 7339 4703