Off-screen advertising: can be broadcast on media programs

The CSA issued a recommendation on September 16, 1997 on the conditions for broadcasting commercials outside of specialized screens.

This recommendation, sent to all channels in the form of a circular letter, has just been amended by the Council to allow the broadcast of messages not only in programs devoted to advertising in the strict sense of the term, but also in those dealing with media news.

The recommendation now reads as follows:

The Conseil supérieur de l'audiovisuel has noted that television channels are increasingly broadcasting advertising messages as part of their programs, in breach of the provisions of decree no. 92-280 of March 27, 1992, article 9 of which prohibits surreptitious advertising, and article 14, paragraph 1 of which stipulates that "advertising messages or sequences of advertising messages must be easily identifiable as such and clearly separated from the rest of the program, both before and after their broadcast, by screens recognizable by their optical and acoustic characteristics".

Concerned about compliance with these regulations, and wishing to ensure a clear separation between advertising messages and the program, the Conseil decided, in its decisions of September 16, 1997 and October 26, 1999, to inform broadcasters of the interpretation it intended to give to the existing regulations.


1) Programs devoted to advertising and the media

The Conseil accepts that advertising messages may be broadcast on regular programs whose theme is exclusively or predominantly advertising, insofar as these programs, which deal in particular with advertising news, history and economics, are informative in nature.

It also accepts the broadcasting of advertising messages or extracts from advertising messages in regular programs devoted exclusively to current events in the media and the world of communication, subject to genuine programming justification. Justification may include programming driven by current events, by the innovative or undeniably original nature of the message, or by the demonstration of technical prowess in its production.

Lastly, commercials can be broadcast during special programs, which report on an event linked to advertising and which, given the exceptional nature of the event, have a limited frequency (one or two broadcasts a year).


2) Other programs

The Council's consistent position is to tolerate the use of message excerpts in programs, provided they do not include any verbal or visual reference to trademarks.

It is, however, prepared to accept that brand names may be quoted in off-screen commercials on the occasion of exceptional events linked to current affairs. The release of a new commercial cannot be considered as such an event.

The Council also accepts, in the context of game shows and game sequences in non-game shows, the practice of playing with commercials as a cultural element in the same way as, for example, film or music.

To ensure that this does not result in the promotion of the goods or services featured in the televised message, the Council considers that the following two precautions should be taken:

- the message used in the program or game sequence must be several years old. A period of three years between its first programming and its rebroadcast in a program seems a satisfactory criterion, with the serial number issued to the message initially by the CSA and now by the BVP constituting a reliable indicator;

- the message must not be exploited on broadcasters' screens when used in a program.

Finally, in all cases, in view of current legislation, the Council considers that messages promoting alcoholic beverages or tobacco products may not be used.

It should be noted that all the foregoing clarifications are intended to inform broadcasters of the guidelines that guide the Council in its mission to apply the regulations, and do not preclude case-by-case assessments.