Feature: Christmas Cheer?

The following summary of UK and European Policy & Legislation by the Advertising Association, highlights some of the prospects for the industry in 2007.

AANET – UK Policy & Legislation

Quiz channels: On 28 November the Culture, Media and Sport Select Committee took evidence from Citizen’s Advice, Radio 4, production companies, broadcasters, regulators and the Creative Industries Minister, Shaun Woodward MP, as part of a one-off inquiry into call TV quiz channels. MPs are examining such channels because of concerns that they could lure people into gambling addiction. Questions reflected concerns about the regulation of such quiz channels, in particular that people were encouraged to call in on expensive telephone rates, yet only a handful would actually get through. Broadcasters argued they had codes of conduct, but BSkyB said that, because they require no element of skill, they should be considered the same as lotteries and regulated under the Gambling Act. Ofcom said that last year it received 450 complaints about these channels and predicted there would be 800 next year. The Minister warned against over-hasty steps to control the call TV quiz show market, highlighted the inquiries being taken by ICSTIS and the Gambling Commission and stressed the benefits of self-regulation.

Restrictions on food and soft drink advertising to under 16s: On 17 November, Ofcom announced the outcome of its consultation to restrict TV food and soft drink advertising to children. Ofcom's 'preferred approach' is a total ban of HFSS advertising in programmes with a particular appeal to children under 16 at any time on any channels. It accepted the industry's proposed restrictions on content, subject to nutrient profiling, but rejected its 'Option 4' as the least impactful of all the options. Ofcom also rejected outright a pre-watershed ban as completely disproportionate, as it would cost broadcasters £250m p.a. There will now be a short, final consultation on extending the volume restrictions with a deadline of 15 December. The FAU and AA issued press releases expressing their disappointment that Ofcom had moved the goal posts at such a late stage in the consultation process and that it had effectively retreated from an evidence-based approach.

Which? Report – Food Fables: Which? published a report on 22 November that claimed to take a closer look at the tactics used by 12 leading food manufacturers to "push" foods high in fat, sugar and salt (HFSS) to children. It also claimed to uncover the "inadequacies of company policies" and the inconsistencies between responsible policies that companies say that they work to and the techniques they actually employ. The FAU responded to this ‘attack’ on the advertising industry by reiterating the importance of a partnership approach to the important but complex problem of obesity rather than continuous counterproductive battles in the media.

EU POLICY & LEGISLATION Contact: Sue Eustace

Food & Health: This week, a European Parliament Committee voted on the Green Paper on Healthy Diets and Physical Activity, which focuses on increasing levels of obesity. MEPs adopted an amendment calling for EU-wide controls through the Television without Frontiers Directive (TVWF) to restrict TV advertising of HFSS foods to children at times when they are watching TV in large numbers. Another amendment states that the Commission should come forward with legislative proposals should self-regulation not deliver change. The Parliament Plenary will vote on the Report in January.

Alcohol: Ministers at an EU Council this week called on alcohol-related industry sectors to adhere to national regulations and by ensuring that high ethical standards are met in areas such as the development and marketing of alcoholic products appealing to children and young people. It also urged the Commission to ensure regular assessment. Health Commissioner Markus Kyprianou has reportedly said that the members of the Alcohol and Health Forum would be invited to consider the issues of marketing and promotion and that if self-regulation did not produce results, the Commission would take steps to legislate.