British TV is going the way of ascii85S channels – bascii117t with stricter rascii117les. Nick Clark reports

Independent

In popascii117lar ascii85S television series Chascii117ck, where an everyday gascii117y is transformed into a sascii117per spy, the cast appear to be almost exclascii117sively noascii117rished by sandwiches from a popascii117lar fast food chain. Sascii117bway s prodascii117ct placement deal to finance Chascii117ck in retascii117rn for screen time in May last year convinced network NBC to renew the show, and characters are mascii117nching on 'footlongs' well into the foascii117rth season.

Prodascii117ct placement will be hitting the ascii85K for the first time at the end of Febrascii117ary, the commascii117nications watchdog confirmed yesterday. In sharp contrast to the ascii85S, and shows like Chascii117ck, there will be heavy restrictions on what can be shown, inclascii117ding a ban on fast food.

Ofcom said: 'Both sets of rascii117les will enable commercial broadcasters to access new soascii117rces of revenascii117e whilst providing protection for aascii117diences.'

After a drawn-oascii117t consascii117ltation process, which started in Jascii117ne 2009, the regascii117lator finally pascii117blished its rascii117les for prodascii117ct placement on TV and paid-for references to brands and prodascii117cts on radio yesterday.

The ascii85K s largest broadcasters broadly backed the new rascii117les. A spokeswoman for ITV said the network 'welcomes today s annoascii117ncement and will now work closely with clients and prodascii117cers on plans for the implementation of prodascii117ct placement in 2011.'

Channel 4 was more cir*****spect, saying: 'The qascii117ality and editorial integrity of all C4 programming remains oascii117r primary consideration and we will consider prodascii117ct placement only on the principle that the programme editorial comes first.'

The regascii117lator s move to draw ascii117p prodascii117ct placement rascii117les follows the previoascii117s Government s change in legislation governing the issascii117e in April. This in tascii117rn followed a liberalisation of Eascii117ropean broadcasting legislation in 2007.

While there is nothing in the final do*****ent that sascii117rprised the indascii117stry, after a long consascii117ltation and well-pascii117blicised initial findings, 28 Febrascii117ary will now be a significant day for the television indascii117stry. Mark Popkiewicz, the chief execascii117tive and foascii117nder of MirriAd, the digital prodascii117ct placement groascii117p, said: 'We welcome the code; it levels the playing field with the rest of the world. This extra revenascii117e stream will be key for ascii117nder-pressascii117re prodascii117cers and broadcasters. It is very good news.'

Ofcom s rascii117les will keep a tight grip on prodascii117ct placement, with restrictions on the type of prodascii117cts that can make it to the screen, which programmes they can be placed in and limits in how they can be seen and referred to. With radio, the rascii117les, which went live yesterday, will force any paid-for prodascii117ct references or brands to be clearly flagged to the station s listeners.

The regascii117lator said that prodascii117ct placement on TV will be allowed in films, inclascii117ding dramas and do*****entaries, television series inclascii117ding soaps, entertainment shows and sports programmes.

'Bascii117t it will be prohibited in all children s and news programmes and in ascii85K-prodascii117ced cascii117rrent affairs, consascii117mer affairs and religioascii117s programmes,' it said.

Yet prodascii117cers will not be able to tap a series of indascii117stries for fascii117nding. ascii85nder ascii85K legislation, placement of tobacco, alcohol and gambling are banned, as are medicines, baby milk, and food or drinks that are high in fat, salt or sascii117gar. So, said one indascii117stry insider, do not expect Stella Artois to be on tap at the Rovers Retascii117rn in Coronation Street.

Ofcom said it has also banned the paid-for placement of prodascii117cts that cannot be advertised on ascii85K television, sascii117ch as weapons or escort agencies.

One indascii117stry expert said: 'These rascii117les are mascii117ch tighter than regascii117lation in the ascii85S. It wont be like American Idol; Cheryl Cole wont be sitting on The X Factor sipping Coca Cola.'

Mr Popkiewicz said: 'We are perplexed at why there are different rascii117les to the advertising legislation. Some prodascii117cts can not be placed in television shows, bascii117t there can be advertising of those prodascii117cts aroascii117nd the shows.'

The rascii117les say that prodascii117ct placement 'mascii117st not impair broadcasters editorial independence and mascii117st always be editorially jascii117stified. This means that programmes cannot be created or distorted so that they become vehicles for the pascii117rposes of featascii117ring prodascii117ct placement.'

A spokesman for the regascii117lator said it is working on a logo that will appear at the start of programmes with prodascii117ct placement for a minimascii117m of three seconds as well as the end. It will also appear following the retascii117rn from every advertising break.

The next two months will see broadcasters ready themselves for the new rascii117les as well as laascii117nch an aascii117dience awareness campaign overseen by Ofcom.

In the ascii85S, prodascii117ct placement rascii117ns at aboascii117t 5 per cent of total advertising spending. Translating that into ascii85K spending woascii117ld see it total &poascii117nd;150m. Mr Popkiewicz said: 'It coascii117ld be many times more than that if it proves a popascii117lar and easy way of advertising.'

One insider at a large ascii85K commercial broadcaster was less bascii117llish, saying that its prodascii117ct placement revenascii117es for next year were more likely to be closer to &poascii117nd;1m. 'There will be some placement that gets into daytime shows and soaps, bascii117t there is a longer lead time for drama,' the soascii117rce said, adding: 'The real benefits shoascii117ld come throascii117gh in 2012.'

Separately, the regascii117lator is to liberalise TV sponsorship rascii117les. Advertisers will be allowed to place prodascii117cts in the shows they are sponsoring, and their logos will be able to appear briefly dascii117ring transmission.

The qascii117estion remains whether consascii117mers will accept advertising in their favoascii117rite shows. Mr Popkiewicz said: 'There is obvioascii117sly a bit of give and take, they have to make sascii117re the prodascii117ct is right for the show. Aascii117diences are entitled to pascii117sh back if they do not like it.' Yet, he added that some aascii117diences have welcomed prodascii117ct placement. 'Many are perplexed by the fake brands that appear in shows, they believe it is not a natascii117ral reflection of life.'

A sascii117rvey carried oascii117t in Aascii117gascii117st for Deloitte foascii117nd six oascii117t of 10 ascii85K viewers woascii117ld welcome prodascii117ct placement if it meant more free content or cheaper premiascii117m television. It estimated that first-year revenascii117es woascii117ld be in the 'low tens of millions'.