Broadcast advertising operates under the constraints set by the Broadcasting Law: in what volume, when and how advertising, teleshopping, sponsorship announcements and product placement may be shown. This page explains the marking and transparency obligations: identification, separation, timing restrictions and sponsorship disclosure.
General Rules and Prohibitions
Article 63 of the Broadcasting Law teaches the baseline rule first: with respect to advertising, the rules established by the Law on Advertising apply unless the Broadcasting Law provides otherwise. It is prohibited to place improper, dishonest, unreliable, unethical and blatantly false advertising or teleshopping. Advertising of tobacco products is prohibited, as are advertising, sponsorship announcements and product placement relating to gambling organisers. Audiovisual commercial communication must be easily recognisable, and covert audiovisual commercial communication is prohibited — the universal core of the marking obligation. The media-service provider is not responsible for the content of pre-election and social advertising; that content lies with the respective advertising customer, which concentrates compliance attention on the commercial material the broadcaster itself accepts.
Identification and Separation
Advertising and teleshopping must be identified and clearly separated from the programme by optical, acoustic or spatial parts. The means of separation must be technically clear. It is prohibited for the host of a news, socio-political or pre-election debate programme, or its journalist, to participate in any form in advertising or teleshopping Teleshopping transmitted in the form of a broadcasting programme must occupy at least 15 minutes continuously, and it too must be identified and clearly separated from other programmes. Teleshopping may not be aimed at minors; advertising directed at children or featuring them must not harm their interests; and advertising within a news programme is prohibited.
Timing Restrictions and Volume
Articles 63 and 64 also regulate the time blocks. On a broadcaster's channel, other than a specialised advertising or teleshopping channel, advertising may be placed between programmes, and within a programme only while preserving the programme's value. Interruption is prohibited for official state events and addresses of high state-political officials, religious ceremonies, and programmes or documentary films shorter than 15 minutes. A news programme may be interrupted by advertising or teleshopping no more than once in 30 minutes. A children's programme shorter than 30 minutes cannot be interrupted by advertising, while one longer than 30 minutes may be interrupted once in 30 minutes; interruption of a children's programme by teleshopping is impermissible. A feature film longer than 30 minutes may be interrupted no more than once in 30 minutes, and in sports events advertising may be placed only during the natural interval. Where advertising is carried by overlay, including a moving strip, the time-related restrictions do not apply, but the size of the overlay must not exceed 10% of the frame area. The volume rules: the volume of commercial advertising and teleshopping placed in advertising breaks must not exceed 20% of the period from 6 to 18 hours, nor 20% of the period from 18 to 24 hours; this restriction does not extend to sponsorship announcements and product placement within a programme.