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New guidance on product placement and props

Product Placement

Of course, it's now permissible to take product placement on commercial television services in the U.K. But it's important to remember that the BBC is prohibited from taking product placement for its licence fee funded services. Under the terms of the BBC Charter and Agreement, the BBC must not commission, produce or co-produce output for licence fee funded services which contains product placement. So all television programmes made by an independent producer for broadcast on BBC licence fee funded services must be free of product placement.  

Product placement is the inclusion of a reference (in vision or audio) to a product, service or trade mark within a programme in return for payment or any other valuable consideration. In other words, product placement can include a situation where no money has been received but some other value in kind has been received. It is also worthwhile to point out that the payment or other value in kind does not have to go towards the budget of a particular programme or towards on-screen costs. If any monetary or other valuable consideration has been received by the independent producer at any point in time in return for including or referring to any products or services in the programme then this is seen to be product placement.

It is essential to remember, even if there has been no product placement, that any reference to a commercial product, service or trademark must be editorially justified and there must be no undue prominence of any commercial product, service or trademark in any programme.

The BBC may in some cases acquire a programme containing product placement from a third party unconnected to the BBC, such as an American drama series acquired from a U.S. broadcaster. It is essential that the programme was not commissioned or co-produced by the BBC, and references to any placed product must be editorially justified and not unduly prominent. The acquisition and transmission of the programme must be in accordance with the BBC Editorial Guidelines, the new BBC Guidance on Product Placement, the new Section 9 the Ofcom Broadcasting Code and the Government Regulations on Product Placement.

Props

In light of the changes to the Ofcom Code and the advent of product placement in the commercial sector, the BBC has also  issued new detailed Guidance on the Supply and Use of Props in Drama, Comedy and Entertainment Programmes, which amplifies the advice given in the BBC Editorial Guidelines. This new Guidance advises on procuring props and avoiding the possibility that any arrangements for BBC licence fee funded services could constitute product placement. We should normally pay a fee for prop procurement and no assurance should be given that a prop will be shown in a favourable light. We need to avoid product prominence and take great care over the use of branded props.

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