The UK government has confirmed plans to implement restrictions on the advertising of less healthy products on TV and online. This policy includes:
- introducing a 9pm watershed for?less healthy food and drink advertising on TV, including all on-demand programme services (ODPS) under the jurisdiction of the UK, and therefore regulated by Ofcom; and
- introducing a restriction on paid-for less healthy food and drink?advertising online, including non-Ofcom regulated?ODPS, at all times.
This follows consultations in 2019 and 2020. The consultation response published in 2021 set out the businesses, products and services that would be in scope of the restrictions. Following this, the policy was set out in primary legislation through the Health and Care Act 2022, which amended the Communications Act 2003. The government has now confirmed that the restrictions, which have been delayed several times, will come into force on 1 October 2025.
From December 2022 to March 2023, there was a further consultation on the draft regulations. This considered the clarity of the definitions set out in the draft regulations of the products, businesses and services in scope of the advertising restrictions; and specific exemptions around audio-only content.
The government is now consulting on the application of the advertising restrictions to internet protocol television (IPTV) services. Under the Health and Care Act 2022, advertising on IPTV services accessed via a regulated Electronic Programmes Guide (EPG) would be subject to both the broadcasting and online advertising restrictions. While the broadcast regime would permit adverts for less healthy food and drink after 9pm, the online restrictions would ban them altogether.
As these services would be regulated by Ofcom in the same way as other broadcast services, the government considers that they should be subject to the broadcast advertising restrictions only. It plans to amend the draft regulations that were consulted on in 2022, to be clear that Ofcom-regulated IPTV services will be exempted from the online regime, although they are transmitted over the internet. This is like online radio.
Conversely, other IPTV channels will continue to fall outside Ofcom’s remit to regulate, for example because they do not appear on a regulated EPG. Content on those channels is not subject to Ofcom’s Broadcasting Code or BCAP’s advertising standards code. However, there may be some instances where a service is simultaneously available on a regulated EPG and on other platforms which are not regulated. Where this is the case and the content on both versions is identical in all respects, including all adverts, the government intends to exempt the service available on the non-regulated platform, to avoid double regulation.
In all other circumstances, the government proposes that unregulated IPTV channels will continue to be subject to the online restrictions. If unregulated services were to be exempted from the online advertising restrictions regime, Ofcom would have no powers to act in the case of a breach, as the Health and Care Act provides it with specific powers to act only against online advertisers.
The consultation ends on 10 October 2024.
