Circular 45/07

Circular to all Broadcasting Stations

Broadcasting Authority Interpretation concerning

Programmes on Motor Vehicles

Reference is made to Circular 35/07 dated 12th July 2007 on the above subject.

I would like to inform you that the Authority has changed paragraph (d) of that interpretation to read as follows:

"d) sponsorship of a programme on vehicles by an importer, seller, agent, hirer, etc. is allowed. It is also permitted for a sponsor to advertise in that programme/s which s/he is sponsoring. However, it shall not be permissible to have a particular model of a vehicle reviewed during one particular edition of a programme on vehicles and an advert broadcast of the same model of vehicle."

I am attaching a revised interpretation.

Kindly circulate to all staff and to independent production houses.

Dr Kevin Aquilina		10th October 2007
Chief Executive		Ref 12/07
Broadcasting Authority

            
Broadcasting Authority Interpretation concerning
Programmes on Motor Vehicles

The Authority has had the opportunity to discuss programmes on motor vehicles (hereinafter referred to as vehicles) to see how this type of programme is regulated in Europe and to carry out a monitoring exercise of currently produced programmes on Maltese television channels. The Authority wishes to emphasise that this type of programme should not be of an advertising nature but of an informative and educational one. Naturally, the current laws will still apply to such programmes but the Authority is now interpreting these laws vis-à-vis such programmes. Such programmes should conform with effect from 1st October 2007 to the following:

a) programmes on vehicles shall not be considered in breach of the advertising regulations if several types or brands of vehicles produced, imported, retailed or hired by different vehicle manufacturers, importers, sellers or hirers are presented during the same series of the same programme;
b) it is allowed to mention the brand name of the vehicle and to sum up the good as well as bad aspects of the vehicle in question. But it shall not be acceptable to mention only the positive aspects of the said vehicle or to have repeated close-ups of the vehicle’s brand name or any close-ups of the showroom from where the vehicle is exhibited, sold or hired. The producer shall ensure that the programme is balanced when dealing with such positive and negative vehicle features;
c) it shall not be permissible to invite viewers or listeners to buy such vehicles during such programmes;
d) sponsorship of a programme on vehicles by an importer, seller, agent, hirer, etc. is allowed. It is also permitted for a sponsor to advertise in that programme/s which s/he is sponsoring. However, it shall not be permissible to have a particular model of a vehicle reviewed during one particular edition of a programme on vehicles and an advert broadcast of the same model of vehicle;
e) when the price of a vehicle is given, this shall not be allowed for marketing / sale purposes but only for analytical or comparative purposes in relation to other vehicles even if such other vehicles have not been tested during the same programme;
f) the review of a vehicle’s features should be conducted by a competent person such as a mechanic or vehicle enthusiast provided that if the competent person is an employee or a representative of the firm importing, retailing or hiring such vehicles s/he is not introduced accordingly during the said programme;
g) promotional material should be avoided. Promotional material includes foreign promotional material supplied by the vehicle’s manufacturer or producer and which contains details of an advertising nature; or when the vehicle is given undue prominence beyond the informational pursuit. Undue prominence is given when the address, telephone number or other contact details of the importer or agent are supplied, any website of the importer or agent are displayed or when the vehicle is filmed in the showroom and the name of the importer or agent or other details of the showroom are given so as to identify from which importer or agent that vehicle can be purchased;
h) vehicle includes cars, buses, trucks, motorcycles and other means of transport of any class or description intended for the conveyance of persons or goods.