Commercial Television: Advertising Limits (Hansard, 23 March 1999)

§ Lord McIntosh of Haringey
My Lords, the Broadcasting Act 1990 empowers the Independent Television Commission to give directions to its licensees on the amount, scheduling and presentation of advertising. Under the ITC code, the total amount of advertising on Channels 3, 4 and 5 in any one day must not exceed an average of seven minutes per hour of broadcasting. For cable and satellite services, the total amount must not exceed an average of nine minutes per hour of broadcasting.

§ Lord Hardy of Wath
My Lords, I am grateful to my noble friend for that Answer which seems to confirm the general view that, on average, commercial breaks should not greatly exceed two minutes. But is my noble friend aware that quite frequently breaks of a much longer duration occur? Is that to enable the companies concerned to offer high fees; for example, in the recent case of Miss 1146 Lewinsky who is reported to have received £400, 000 when £800, 000 was said to be available? Is that not more than many millions of ordinary people will receive in a working lifetime? Does my noble friend accept that while the advertising may be more interesting and ingenious than the programmes they interrupt, they should continue to be subject to very careful invigilation?

§ Lord McIntosh of Haringey
My Lords, in my first Answer, I emphasised the arm's length basis on which we operate in these matters. My noble friend interpreted what I said as meaning that an individual advertising break would not be more than two minutes. That is not what the ITC provides. The breaks can be of different lengths within the hour. But there is a provision that even in a peak hour, not more than 12 minutes in one hour can be advertising.
The issue of fees is even more an arm's length issue and is not a matter for the Government.

§ Lord Borrie
My Lords, is there a legal limit on the volume at which the advertising can be played during the commercial breaks in relation to the programme material on either side of the break?

§ Lord McIntosh of Haringey
My Lords, I raised that question when being briefed because I have the impression, as does my noble friend, that the advertising is sometimes louder than the surrounding programmes; just as I have the impression that Classic FM is louder than Radio 3, which I find equally infuriating. I believe that there are regulations on that. However, I shall look into the matter and write to my noble friend.

§ Lord Cocks of Hartcliffe
My Lords, did my noble friend see a commercial on GMTV this morning for Claims Direct encouraging compensation claims? Will the Minister consider what can be done to halt that slide into an American-style society based upon litigation?

§ Lord McIntosh of Haringey
My Lords, the arm's length principle would require that we do not interfere with the content of advertising. That is a matter for the ITC. But the Home Office will be interested in what my noble friend said about encouraging a litigation society and I shall make sure that it is aware of his remarks.

§ Lord Swinfen
My Lords, is the Minister satisfied that advertisements for programmes to be shown after the watershed conform with the rules and suggestions for programmes generally to be shown before the watershed? In other words, are they showing scenes of violence or sex that are unsuitable for children which normally would not be shown until after the watershed?

§ Lord McIntosh of Haringey
My Lords, the point of the watershed is that there are different standards after nine o'clock and before nine o'clock. I do not quite understand what the noble Lord is saying.

§ Lord Swinfen
My Lords, perhaps I may enlighten the noble Lord. Is he satisfied that the advertisements for programmes that are to be shown after the watershed 1147 conform with the rules for all programmes which should be shown before the watershed? In other words, are they suitable?

§ Lord McIntosh of Haringey
My Lords, clearly, advertisers will use their judgment as to what advertising is appropriate and profitable around which programmes. If the noble Lord is referring in particular to advertising around programmes for children, there are extremely explicit restrictions on what may be advertised around such programmes. Advertisements for alcoholic drink, bingo, certain religious matter, slimming products, lotteries, the pools and so on are not allowed around programmes which are primarily for children and which are therefore before the watershed.

Viscount Falkland
My Lords, I am sorry if I misunderstood the noble Lord but will he confirm that in a programme there is a 12-minute limit on the amount of advertising? Is it not the case that over a 24-hour period, it is nine minutes, not twelve minutes?

§ Lord McIntosh of Haringey
My Lords, the average throughout the day on Channels 3, 4 and 5 is seven minutes. The average throughout the day for cable and satellite is nine minutes. In any individual hour, there can be a maximum of twelve minutes but clearly that must be compensated by fewer advertising minutes in another hour.

§ Lord Peston
My Lords, do the figures which my noble friend gives include the vast amount of advertising carried within programmes, including programmes on the BBC, under the spurious heading of sponsorship? That includes the logos of a large number of firms which certainly, to a naive person like myself, looks like large-scale advertising.

§ Lord McIntosh of Haringey
My Lords, the answers that I have given do not refer to the BBC, although I understand from representations which have been made, that some people object to the BBC promoting its own programmes quite so extensively as they do, even to the extent of promoting forthcoming programmes during the credits of the previous programme. The restrictions to which my noble friend refers and which are the subject of this Question do not include sponsorship or accidental, perhaps deliberate, plugging for individual products within programmes. If my noble friend has any evidence, he should write to the ITC about that.

§ Lord Bridges
My Lords, has the Minister taken up with the BBC the point he made about the relative inaudibility of Radio 3 compared with Classic FM. I have done so with the controller of Radio 3 who denies that there is any such problem. I hope that the noble Lord will be able to deal with that matter which is of widespread public interest.

§ Lord McIntosh of Haringey
My Lords, I did what I thought was even more appropriate. I took it up with the directors of Classic FM who told me that they 1148 broadcast at the volume which they are required to by communications regulations. Perhaps we should look further into that matter.