Television Advertising Code



=PREAMBLE=

1. Television  exerts  a  strong  influence  on  the  community. It is  easily accessible to  all  people,  including  the  young. It is  also  recognised  that advertisements on  television  have  a  strong  influence on  the  public. As such, they should  be  produced  with  a  strong  sense  of  responsibility  to  audiences and their social impact and implications be given due consideration.

2. The  TV  Advertising  Code  (hereinafter  referred  to  as  “the  Code”) outlines the general standards to be observed for advertisements shown on all TV broadcast  services  including  Free-to-Air  Television  and  Subscription Television.

3. All television advertisements should be presented within the guidelines provided under this Code, and it is the broadcaster‟s responsibility to ensure that advertisements  which  fail  to  comply  with  the  spirit  and  the  letter  of  the Code are not broadcast.

4. In view of the rapid development of technology in communications and broadcasting, the  guidelines  in  this  Code  will  be  reviewed  regularly  to safeguard the interests of viewers and ensure their relevance to broadcasters.

5. All  advertisements  described  in  paragraph  6  should  be  guided  by  the Singapore Code  of  Advertising  Practice  issued  by  the  Advertising  Standards Authority of  Singapore. The advertisements  must  also  satisfy  the requirements in the relevant Television Programme Codes applicable to each TV broadcast service.

6. For the purpose of this Code, the term „advertisement‟ refers to the following forms of advertisements:

a. Any  material  designed  to  advance  the  sale  of  any  particular product or  service,  or  to  promote  the  interest  of  any  organisation, commercial concern or individual in return for payment or other reward or consideration to the broadcaster. Such material could be in the form of words, sound effects (including music), and/or of visual presentation and whether in the form of direct announcements, slogans, descriptions, crawlers or  otherwise,  as  well  as  any  promotional  reference  to  a product or service during a programme. 2 b. announcements made in the public interest;

c. trailers  connected  to  government  approved  charities  and appeals for which  the broadcaster does  not  receive  payment  in cash or kind;

d. Infomercials  which  are  long  form  advertisements  of  varying duration designed to sell products or services in an information-based format.

7. Broadcasters  should  consult  MDA  in  cases  where  they  are  unsure whether a proposed advertisement would breach guidelines.

=GENERAL PRINCIPLES=

8. The general principles and guidelines drawn up in this Code will apply to both the analogue and digital television environment(s).

9. Advertisements must be truthful and lawful, in particular –

a. They  should  not  expressly  or  by  implication  such  as  through their description,  claims  or  illustrations,  mislead  about  the  product  or service advertised or about its suitability for the purpose recommended.

b. Irrelevant data and scientific jargon must not be used to support claims that do not have a scientific basis.

c. They  must  comply  with  the  prevailing  laws  of  Singapore. For example, the use of music and/or visuals must not infringe the rights of the relevant copyright owners.

10. Advertisements  must  be  decent  and  tasteful  in  their  content  and presentation, and should not cause offence to the community.

11. Advertisements should take care to avoid  stereotyping which could be demeaning  or  offensive  to  certain  sectors  of  the  audience;  for  example, stereotyping in  relation  to  race,  religion,  gender,  age  and  those  with disabilities.

12. Advertisements should be clearly distinguishable from programmes.

13. Advertisements  should  not  be  made  to  look  like  programmes. For example, advertisements  should  not  simulate  a  television  news  presentation in a  manner  that makes  it  difficult for  viewers  to  distinguish  it from  a  real-life television news presentation.

14. On the other hand, programmes should not contain strong elements of advertising  and  appear  like  an  advertorial. For example,  products  and services should not be blatantly highlighted within programmes such as being 3 mentioned or  endorsed  repeatedly  by  programme  presenters/commentators, or being displayed boldly and continuously in the programme.

15.  News/Current  Affairs/Info-Educational  programmes  which  report  on businesses,  products  or  services,  including  light  informational  programmes that regularly  feature  commercial  establishment  or  products,  may  highlight specific products  or  services  as  part  of  the  programme  in  a  balanced  and factual manner.

16. Any  advertisement  that  has  the  effect  of  indirectly  publicising  an unacceptable product or service should not be accepted for telecast.

=GENERAL GUIDELINES=

All advertisements broadcast should observe the following:

National Policies
17. a.  Advertisements  should  not  contain  visuals  or  messages  that constitute a  breach  of  applicable  laws,  nor  should  they  appear  to condone any illegal activity.

b. Advertisements  should  not,  directly  or  otherwise,  attempt  to disrupt the harmony or stability of the country.

c. Any  advertisement  that  could  be  seen  as  detrimental  to Singapore‟s relationship with other countries should not be broadcast.

Race and Religion
18. a.  Advertisements  should  not  contain  statements  or  suggestions that may  offend  the  sensitivities  of  any  racial  or  religious  group,  and should not in any way visually or through audio means depict any race or religion in a flippant, frivolous or inaccurate manner.

b. Advertisements  should  not  directly  or  indirectly  promote  the views of  any  race  or  religion. Claims to  the  effect  that  a  particular religion is the „only‟ or „true‟ faith are not acceptable.

c. Advertisements  should not  make use of the beliefs or practices of any religion to sell products or services.

d. Advertisements by any religious group should not be allowed.

e.  Advertisements aimed at promoting or propagating any religious cause or event are not allowed.

f. Advertisements  for  religious  products  and  services  are  not acceptable.

Moral Standards/Social Behaviour
19. a.  Advertisements  should  not  promote,  justify  or  glamourise lifestyles and behaviours  such  as  homosexuality,  promiscuity,  juvenile delinquency and  drug  abuse. Advertisements should  also  not  portray these lifestyles or behaviours as normal or mainstream.

b. Advertisements  containing  sexual  innuendoes  and  sexually suggestive scenes (i.e. dialogue and visuals suggestive of sex), should not be broadcast.

c. Advertisements  should  not  feature  skimpily  clad  men  and women, for example, wearing G-strings.

d. Advertisements  should  not  undermine  the  importance  of  the family as  the  basic  unit  of  society. In this  respect,  any  references  to lifestyles  that  undermine  family  life  and  values,  such  as  cohabitation, should not be condoned or presented in a positive light.

e. Advertisements that feature or make references to condoms and other forms  of  contraception  are  not  allowed  for  broadcast  as  TV reaches all audiences, including children.

f. Advertisements for all tobacco products and advertisements that make references  to  smoking  should  not  be  telecast  unless  they  are public service  messages  by  the  relevant  government  agencies. Brand names of tobacco companies in association with other products are not allowed in  advertisements  unless  prior  approval  is  sought  from  the relevant government authorities. Please see Section 38 on Legislation Affecting Advertising.

g. Advertisements that promote gambling should not be broadcast. However public  service  messages  on  or  related  to  gambling  can  be allowed.

Children and Advertising
20. For  the  purpose  of  this  Code,  children  are  defined  as  those  aged  14 years and below. The guidelines take into account the fact that children‟s ability to distinguish between fact and fantasy will vary according to their age, and that children in general tend to be imitative by nature.

a. Advertisements  should  not  promote  unwholesome  values  and behaviour to  children,  for  example,  delinquent  behaviour  and disrespect to parents and elders.

b. Advertisements  primarily  targeted  at  children,  or  placed  in programmes  likely  to  be  seen  by  children,  should  not  contain  any visuals, effects  or  words  that  might  result  in  harm  to  them  morally  or psychologically.

c. Advertisements  that  feature  children  should  be  carefully considered from the  point of  view  of  safety  of  children and  should  not show them doing acts which might endanger themselves or others.

Use of Language
21. a.  All advertisements should maintain a good standard of language. For example, Singlish and ungrammatical English should not be used.

b. Advertisements  containing  dialect  are  not  to  be  broadcast, unless approved  by  the  Authority. However, commonly  used  dialect terms such as „Bak Kut Teh' or „Siew Mai‟ may still be used as the Mandarin equivalent may not be easily understood.

c. Advertisements should not use vulgar or crude language in their presentation.

Claims & Comparisons
22. a.  Advertisements  should  not  contain  claims  or  comparisons  that are misleading or highly exaggerated.

b. All claims and comparisons must be capable of substantiation.

c. Comparisons  with  other  products/services  are  acceptable provided they are based on fact, use similar basis of comparison.

23. Advertisements that may lead to the employment of money in products and services  where  the  returns  are  not  guaranteed  should  indicate  the potential risks involved by way of a disclaimer.

Use of Public Figures
24. Footages,  or  caricatures,  of  public  figures  should  not  be  used  in  a manner that may be denigrating to them.

Advertisements of TV  Programmes,  Movies  and  Arts/  Theatrical Performances
25. a.  Advertisements  (including  paid  advertisements  and  in-house trailers)  of  cinematic  movies,  telemovies,  TV  programmes  and  arts/ theatrical performances should not contain excessively violent scenes such as close-up  shots  of  infliction of  injury  and  bloody  wounds;  gory or horrifying  scenes;  and  titillating  or  sexually  exploitative  scenes. Vulgar language should also not be featured.

b. On Free-To-Air television, advertisements for content rated M18 such as  cinematic  movies  and  DVDs  may  only  be  telecast  between 10pm and  6am  and  should  be  suitably  edited  according  to  the appropriate programme  guidelines. Advertisements for  all  content  (i.e.

TV programmes, cinematic movies and DVDs) rated PG13, NC16 and M18 should  highlight  their  classification  in  the  visuals.  Advertisements for content rated PG13 and above should not be aired during timeslots for children‟s programmes.

c.  On  Subscription  Television,  advertisements  for  content  rated PG13, NC16  and  M18  should  be  suitably  edited  according  to  the appropriate programme  guidelines,  highlight  their  classification  in  the visuals and not be aired on channels targeted at children.

d. Advertisements  for  cinematic  movies  rated  R21  (Restricted  21) and arts/ theatrical performances rated R18 (Restricted 18) should not be broadcast.

Advertisements resembling News
26. a.  Expressions such as „News Flash‟ are reserved for  important news and public service announcements. Their use in advertisements and programme promotions is not acceptable.

b. A  long  form  advertisement  that  publicises  an  event  or  a  public function can be mistaken for a news item. It should be identified as an advertisement at  the  beginning  and  at  the  end. If scheduled  after  a news bulletin, there should be clear separation between the two.

Political Advertising
27. No advertisement may be inserted by or on behalf of any body whose objectives are wholly or mainly of a political nature and no advertisement may be directed towards any political end.

Advertisements for Contests & Premium Charge Telephone Services
28. If  advertisements,  which  invite  viewers  to  use  a  premium  charge telephone service (including SMS) to download content into their handphones, register an  opinion,  obtain  a  free  trial  or  take  part  in  a  competition  or  lucky draw, are scheduled in time belts or programmes that primarily target children, information on  the  cost  of  the  call  and  charging  mechanisms  must  be presented in a form which children can understand. The advertisements must also make it clear to children that they must get their parents' permission and enlist their parents‟ help to sign up for such services.

Fortune Telling and Superstitious Beliefs
29. a.  Advertisements  which  promote  directly  or  indirectly  fortune-telling,  geomancy,  occult  practices  and  other  superstitious  beliefs should not be telecast.

b. Advertisements  for  products  and  services  related  to  fortune-telling,  geomancy  and  the  propagation  of  other  superstitious  beliefs should not be telecast.

c. Advertisements must not, without justifiable reason, play on fear and superstition.

Death-related services
30. Advertisements for death-related and undertaker services may only be telecast between 11pm and 6am provided they meet the following criterion:

(i) The  treatment  of  these  advertisements  is  subtle,  tasteful,  and does not  offend  viewers  or  has  explicit  references  to  morbid details.

(ii) The  advertisements  are  not  aired  during  festive  seasons  and public holidays.

(iii) The  advertisements  for  death-related  services  offered  by religiously  affiliated  organisations,  such  as  Christian columbariums, should  avoid  religious  overtones,  e.g.  by  using imagery and music with religious connotations. This is to ensure that the broadcast media remains secular.

(iv) The advertisements are not aired too frequently. They should be spaced apart and not concentrated in a single time block.

(v) The  advertisements  should  be  targeted  at  an  appropriate audience.

Chatline and Dating services
31. Advertisements for chatline and non-accredited dating services are not to be telecast.

Dubious Establishments & Services
32. Advertisements  promoting  establishments  or  services  of  dubious propriety which  are  subsequently  found  to  be  fronts  for  socially  harmful, undesirable or illegal activities should not be accepted.

Subliminal Advertising
33. No  advertisement  may  include  any  technical  device  that,  by  using images of very brief duration or by any other means, exploits the possibility of conveying a  message  to,  or  otherwise  influencing  the  minds  of,  members  of an audience without their being aware, or fully aware, of what has been done.

Advertising Time Limit
34. Unless  otherwise  approved  by  the  Authority,  the  limits  for advertisements and trailers in each and every clock hour (which would include in-house programme  publicity  trailers,  station  identifications  and  programme schedules) should not be more than 14 minutes in each clock hour for free-to-air and subscription television services with scheduled programming.

Interactive/Enhanced Advertising
35. For  digital  transmission  which  covers  interactive  advertising,  the advertising limits  stated  in  Clause  34  need  not  be  applied  to  programmes where it is clear to viewers that a particular choice they make will lead them to an advertisement/commercial  environment. Viewers should  be  able  to distinguish  easily  between  interactive  options  that  lead  to  advertising  and those that lead to additional programme information.

Scheduling of Advertisements and Trailers
36. Broadcasters  should  exercise  discretion  when  scheduling advertisements so  as  to  ensure  their  appropriateness  to  the  target  audience and to  take  into  account  racial,  religious,  cultural  and  social  sensitivities  that prevail in  Singapore  society  as  well  as  when  there  is  likely  to  be  a  large audience of young viewers. For example, liquor advertisements should not be placed within/alongside Malay programmes or Children‟s/Teen programmes, and movie trailers with scenes of horror, violence or adult themes should not be placed at times when children can reasonably be expected to be watching.

Noise and Stridency
37. Broadcasters  should  ensure  that  the  telecast  of  advertisements  is  not excessively noisy or strident. The audio level of advertisements must not be higher than that of programmes.

Legislation affecting Television Advertising
38. Broadcasters  should  exercise  due  care  to  ensure  that  their advertisements do not contravene or in  any way  violate any applicable  laws, regulations, codes  or  guidelines  of  any  kind  including  but  not  limited  to  the following:

a. Medicines Act (Cap 176)

b. Medicines (Medical Advertisements) Regulations

c. Smoking  (Control  of  Advertisements  and  Sale  of  Tobacco)  Act (Cap 309)

d. Common Gaming Houses Act (Cap 49)

9 e. Betting Act (Cap 21)

f. National Emblems (Control of Display ) Act (Cap 196)

g. Banking Act (Cap 19)

h. Finance Companies Act (Cap 108)

i. Securities and Futures Act (Cap 289)

j. Insurance Act (Cap 142)

k. Casino Control Act (Cap 33A)

l. Casino Control (Advertising) Regulations 2010

Infomercials
39. The  following  guidelines  outlined  apply  to  channels  and  not programming genre belts:

(i) Infomercials  up  to  3  minutes  in  duration  can  be  telecast  in commercial breaks before, after or within programmes. However, their duration together  with  other  spot  commercials  or  advertisements should not  exceed  the  advertising  time  limits  per  clock  hour  as stipulated in Clause 34.

(ii) Infomercials are not to be aired before, after or during children‟s programmes.

(iii) Infomercials above three minutes in duration should be telecast as a recognisable programme or blocks of programmes.

(iv) Each  channel  can  telecast  up  to  a  maximum  duration  of  four hours of Infomercial blocks per day, of which one half-hour infomercial block can be scheduled between 10pm and 12 midnight. For channels transmitting more than 18 hours per day, another half-hour infomercial block can  be  scheduled  between  6am  and  7pm  and  the  remaining three hours  of  infomercial  blocks  can  be  scheduled  between  12 midnight and  6am. For channels  transmitting  less  than  18  hours  per day, the remaining 3.5 hours of infomercial blocks can only be telecast before or after the day‟s transmission.

(v) Infomercial blocks are not allowed to be broadcast between 7pm and 10pm on all channels as these are primetime hours.

(vi) Infomercial blocks or programmes are to be  visually  identifiable at the beginning of each block and after each commercial break (if any) so that viewers are aware of their commercial nature. This should be in the form of a graphic inserted at the beginning of the Infomercial, and if 10 there are  commercial  breaks,  superimposed  during  the  Infomercial  in the top corner of the screen after each commercial break. The graphic should inform  viewers  that  the  programme  is  an  Infomercial  or  Paid Presentation. Programme listings  and  guides  also  need  to  clearly identify such Infomercial blocks or Programmes.

Sponsorship of Programmes
40. Please refer to MDA‟s Television  Programme  Sponsorship  Code  for Sponsorship of Programmes.

=IMPLEMENTATION OF THE TV ADVERTISING CODE=

This Code  takes  effect  as  from  18  January  2012  and  replaces  the  TV Advertising Code that was issued on 28 February 2011. MDA may from time to time  revise  or  update  the  Code  to  maintain  currency. Broadcasters are encouraged to operationalise this Code to facilitate its implementation.

- END -

=See also=


 * Singapore gay censorship

=References=


 * Downloadable PDF of the Media Development Authority's Television Advertising Code:.