• 07/05/2009
Film Ads can now carry a "certificate to be confirmed" tag, where appropriate. More info
• 07/05/2009
The Healthcare Commission has been replaced by the Care Quality Commission. More info
• 07/05/2009
Unenforceable Credit Services must be advertised with a specific caveat. More info
• 07/05/2009
Pay To Enter Competitions reliant on both skill and chance may be permitted to advertise. More info
• 14/05/2009
£1 Million competition launched by the Radio Advertising Awards for creative excellence. More info
• 14/09/2009
Scrappage Scheme Scrappage ads now just require a "see/ask if you qualify for the scheme" tag or similar.
• 05/07/2010
Update 41 is now online, and can be viewed here.



 




Tanning Beds

Tanning beds may be advertised by a reputable clinic/salon but claims such as 'for a safe tan' or 'for a healthy tan' should be avoided.


Taste and Offence

Advertisements must not offend against good taste or decency or be offensive to public feeling.

Take special care with:

  • jokes about religion;
  • jokes about death, suicides and funerals;
  • jokes about race or ethnic minorities;
  • jokes about disabilities/illnesses/addictions (e.g. lack of limbs, obesity, alcoholism);
  • jokes about or sound effects implying cruelty to animals.

Top Taste and Offence Topics:

  • Religious themes;
  • Sexual innuendo and the portrayal of sex;
  • Bad language, taboo or slang words;
  • Race and minorities.


Tattooing

Advertisements for tattooing/tattooists may be accepted, subject to registration with the Local Authority and with evidence of hygienic procedures and aftercare.


Telecommunication and Television Companies, Claims by

For price savings claims and saving comparisons by telecommunication and television companies, the RACC requires detailed, thorough supporting evidence to ensure that advertisements are fair and not misleading.

To follow is a quick, but by no means exhaustive, guide to getting such claims cleared for broadcast:

  1. all advertisements which make price savings claims must state the name of the competitor, where relevant, against which the savings can be made;
     
  2. savings claims which do not take into account the effect of the competitor's discount packages must clearly state this, e.g. 'savings compared to X's basic rate before discounts'. Such claims must not be made where the advertiser operates discount schemes comparable to those offered by the competitor in question;
     
  3. where general price savings claims are made, e.g. 'save money on your 'phone bill', evidence must be provided which shows that the advertiser's tariffs are less expensive for all the different types of call (e.g. peak/off-peak and local/national/international rates) and that the standing charge is lower;
     
  4. where specific price savings claims are made, e.g. 'save 15% on your 'phone bill', evidence must be provided which shows that this level of saving applies across all types of call. In some cases, further qualification in the copy itself is required, e.g. 'save 15% on your 'phone bill for local evening calls';
     
  5. qualified claims, e.g. 'you could save 10% on your 'phone bill' must be accompanied by an indication of the circumstances in which the potential discount can be achieved;
     
  6. where an advertiser wishes to make savings claims which include the effect of a named competitor's discounts (whether relating to a certain level of telephone usage or to use of a specific telephone number), evidence must be provided which shows that the savings apply irrespective of different types of call/different call lengths of individual telephone users;
     
  • if particular discount schemes of a competitor, e.g. low user schemes, are excluded from the advertiser's desired price saving comparison, this must be stated in the copy.

For general offers by television companies (e.g. digital/cable/satellite providers) and/or by companies which offer combined television/telecommunication packages, the following points should also be considered:

  • where a script mentions that the cost of a package, all charges should be included, e.g. installation and connection. Alternatively it should be clear that these, or any other charges, are excluded from the price quoted;
     
  • the advertisement must make clear if availability of the relevant service is limited (e.g. availability may be dependent on region, or it may be that a service is not fully rolled out when advertisements are to be broadcast);
     
  • claims relating to combined television and telephone packages, (e.g. '12 digital channels and telephone calls for £40 per month'), should make clear exactly which calls are included in that price. This can be achieved either by stating it within the script, e.g. '12 channels and local and national calls for £x…per month' or by including a statement at the end of the advertisement such as 'excludes calls to mobile phones, non-geographic, internet and premium rate services';
     
  • it must be clear to listeners if they are required to sign a minimum term contract in order to take advantage of an offer that is mentioned in an advertisement;
  • where a particular programme is being advertised, scripts should make clear if reception of the programme is subject to certain coverage, unless clearers are satisfied that the advertisement will be broadcast only in the areas where coverage is assured;
     
  • it should be clear to listeners if there is any extra charge to view a particular programme being advertised.

When checking advertisements for pre-pay discount schemes (e.g. 'phone cards for overseas calls), clearers need to ask whether access to the service is a) via a 0800/freephone number or b) via a normal operator's rates.

If a), then the script probably won't need tags, but there is a premium paid for 0800 access, so check that this is included in any 'per minute' costs quoted.

If b), the script must indicate the cost of the access charge in addition to any quoted call rate.

Telephone Call Rates (0844, 0871, 0845 and 0870 numbers, plus 0800/"freephone" numbers)


0845/0870 numbers etc.

Ofcom has advised RACC that all telecom providers have non-geographic, special rate (i.e. numbers commencing 08...) national and local rates but not all have geographic (i.e. numbers with codes that commence with 01... or 02...) national and local rates. Additionally, for those that have both rates, some have geographic and non-geographic national rates that differ and local rates that differ.

RACC suggests, therefore, that such numbers are promoted in radio advertisements on their own (without a description of rate or price), to avoid a long qualifying tag. This matter will be kept under review (Jan 2004).


0800 numbers

0800 numbers are free from landline phones, but some mobile providers may charge. Depending upon the context, RACC may ask that copy quoting "freephone" or "call for free on 0800 xxxxxx" be suitably qualified with a tag that qualifies that this may not be the case for calls from mobile phones (e.g. "may exclude mobiles").


Testimonials - Advertisements containing testimonials require RACC clearance.

A testimonial is 'an expression or statement of experience of a real person'. Actors must not be used. Where individuals testify about a product or service, they need to sign an 'RACC Testimonial Release Form' (available on request from the RACC via email to adclear@racc.co.uk) to support the claims they make.

Vox-pops and fictional playlets (where characters express an advertiser's claims in dramatised form) are acceptable without Testimonial Release Forms, provided that the scenario and people are not depicted as being real. Fictional playlets can involve voiceovers pretending to be, for example, 'genuine interviewers' and real-life 'customers' who discuss the advertiser's product/service, provided that listeners can recognise from the tone and style of the commercial that such playlets are pseudo-conversations and the voiceovers/people are 'cardboard cut-outs'.


Therapeutic Massage

This may be advertised, subject to RACC clearance and with evidence of practitioners' professional qualifications.

Some minor health claims relating to relaxation and the relief of mild stress may be allowed, subject to advice from the RACC's medical consultant.


Timeshare

The bona fides of the proposed advertiser need to be thoroughly checked. The Organisation for Timeshare in Europe maintains a register or timeshare operators.


Tobacco

The advertising of tobacco and tobacco products is prohibited.


Trade Marks

The Trade Mark Act 1994 applies if a competitor's brand name is a registered trade mark. Infringements occur where there is confusion between two competitor brand names. Legal advice is recommended.