(1)Standards set by OFCOM to secure the objectives mentioned in section 319(2)(a) and [F955(fa)F955] to (j)—
(a)F957must include general provision governing standards and practice in advertising and in the sponsoring of programmes[F956 and, in relation to television programme services, general provision governing standards and practice in product placementF956] ; ...
(b)may include provision prohibiting advertisements and forms and methods of advertising or sponsorship (whether generally or in particular circumstances) [F958; and
(c)in relation to television programme services, may include provision prohibiting forms and methods of product placement (including product placement of products, services or trade marks of any description) (whether generally or in particular circumstances).F958]
(2)For the purposes of section 319(2)(g) an advertisement contravenes the prohibition on political advertising if it is—
(a)an advertisement which is inserted by or on behalf of a body whose objects are wholly or mainly of a political nature;
(b)an advertisement which is directed towards a political end; or
(c)an advertisement which has a connection with an industrial dispute.
(3)For the purposes of this section objects of a political nature and political ends include each of the following—
(a)influencing the outcome of elections or referendums, whether in the United Kingdom or elsewhere;
(b)bringing about changes of the law in the whole or a part of the United Kingdom or elsewhere, or otherwise influencing the legislative process in any country or territory;
(c)influencing the policies or decisions of local, regional or national governments, whether in the United Kingdom or elsewhere;
(d)influencing the policies or decisions of persons on whom public functions are conferred by or under the law of the United Kingdom or of a country or territory outside the United Kingdom;
(e)influencing the policies or decisions of persons on whom functions are conferred by or under international agreements;
(f)influencing public opinion on a matter which, in the United Kingdom, is a matter of public controversy;
(g)promoting the interests of a party or other group of persons organised, in the United Kingdom or elsewhere, for political ends.
[F959 (3A)For the purposes of section 319(2)(fa) the product placement requirements are the requirements set out in Schedule 11A.F959]
(4)OFCOM—
(a)[F960 shall—
(i)F960] in relation to programme services, have a general responsibility with respect to advertisements and methods of advertising and sponsorship; and
[F961 (ii)in relation to television programme services, have a general responsibility with respect to methods of product placement; andF961]
(b)in the discharge of that responsibility may include conditions in any licence which is granted by them for any such service that enable OFCOM to impose requirements with respect to any of those matters that go beyond the provisions of OFCOM’s standards code.
(5)OFCOM must, from time to time, consult the Secretary of State about—
(a)F962the descriptions of advertisements that should not be included in programme services; ...
(b)the forms and methods of advertising and sponsorship that should not be employed in, or in connection with, the provision of such services [F963; and
(c)the forms and methods of product placement that should not be employed in the provision of a television programme service (including the descriptions of products, services or trade marks for which product placement should not be employed).F963]
(6)The Secretary of State may give OFCOM directions as to the matters mentioned in subsection (5); and it shall be the duty of OFCOM to comply with any such direction.
(7)Provision included by virtue of this section in standards set under section 319 is not to apply to, or to be construed as prohibiting the inclusion in a programme service of—
(a)an advertisement of a public service nature inserted by, or on behalf of, a government department; or
(b)a party political or referendum campaign broadcast the inclusion of which is required by a condition imposed under section 333 or by paragraph 18 of Schedule 12 to this Act.
(8) In this section “programme service” does not include a service provided by the BBC[F964 (except in the expression “television programme service”) F964] .
678.This section specifies standards objectiveswhich must include general provisions about the required standards in advertising and sponsorship and permits OFCOM to prohibit advertisements and methods of advertising and sponsorship.
679.Subsection (2) imposes on OFCOM a duty to secure in the broadcast media a general prohibition on political advertising and advertising related to industrial disputes. This reproduces the duty imposed under the Broadcasting Act 1990 on the ITC and the Radio Authority to secure a similar prohibition. Subsection (7) specifies that an advertisement of a public service nature which is inserted by or on behalf of a government department, and a party political or referendum campaign broadcast required by a condition imposed under section 333 or by paragraph 18 of Schedule 12, may nonetheless be broadcast. The Act sets out in subsection (3) the matters which are included in the reference in subsection (2) to “objects of a political nature” and “political ends”, so as to make clear the scope of the prohibition. These include each of the following: influencing the outcome of elections or referendums in the UK or elsewhere; bringing about changes in the law or otherwise influencing the legislative process in the UK or elsewhere; influencing the policies or decisions of local, regional or national governments in the UK or elsewhere; influencing the policies or decisions of persons on whom public functions are conferred by or under the law of the UK or of a country or territory outside the UK; influencing the policy or decisions of persons on whom functions are conferred by or under international agreements; influencing public opinion on a matter which in the UK is a matter of public controversy; and promoting the interests of a party or other group of persons organised in the UK or elsewhere for political ends.
680.It is because of the ban that this section (in conjunction with section 319(2)(g)) would impose on political advertising that, in the light of the decision of the European Court of Human Rights in the case of Vgt Verein gegen Tierfabriken v Switzerland, the Minister in charge of the Bill was unable to make a statement of compatibility under section 19(1)(a) of the Human Rights Act 1998. The fact that the Minister made a statement under section 19(1)(b) of that Act does not, however, mean that the Government believes the ban would necessarily be found to be incompatible if the ban were to be challenged in the United Kingdom courts or to be considered by the European Court of Human Rights.
681.More generally, subsections (5) and (6) provide for consultation by OFCOM with the Secretary of State regarding the descriptions of advertisements that should not be included in programme services; and the forms and methods of advertising and sponsorship that should not be used. In addition, the Secretary of State has a power to issue directions (with which OFCOM must comply) on any of those matters.