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Circular 37/03


Article 4 of the Third Schedule to the Broadcasting Act Regulations

Article 4 of the Third Schedule to the Broadcasting Act reads as follows:–
Advertising and teleshopping shall be readily distinguishable as such and kept quite separate from the other parts of the programme service by optical or acoustic means. Isolated advertising and teleshopping spots shall remain the exception.

The words, ‘readily distinguishable’, and ‘separate’, should be such as to leave no doubt, amongst televiewers, as to what constitutes programme content and what falls under advertising. The break, between the information slot and the advertising slot should be such, as to provide a clear demarcation, and adequate techniques should be used to achieve this. The fact that the same set-up is used for both slots, the very short break (one spot advert, or a jingle), and the use of the caption “Messaġġ Promozzjonali”, at times in minute characters, offsets the notion of separation, as provided for in the law, and in such cases, are not sufficient.

The cases under scrutiny relate, especially, to magazine programmes, where a guest is first shown giving advice and practical information on a particular matter and subsequently, using the same set-up, he/she participates in a purely advertising slot. Furthermore, on some occasions the separation between the information slot and the advertorial, is created by a spot advert of the commercial enterprise pertaining to the same guest.

In such cases, where information and advertising are broadcast in succession, the required distinction, is being mitigated. This is not the spirit, and the correct interpretation of Article 4, and corrective measures should be taken in order to eliminate possible confusion.

Corrective measures may include the use of different set-ups, when such slots are broadcast in succession. The inclusion of longer breaks, and possibly the rescheduling of advertising slots, so that the possibility of linkage, and the risk of confusion between the information and the advert is practically eliminated.

Television broadcasting stations are advised to comply accordingly, bringing this circular to the attention of all producers including independent producers.


6th November, 2003
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