Special Rules
18.0 INTERACTIVE TELEVISION cont.
DIRECT MARKETINGCODE OF PRACTICE
Opting out of interactive
services f) make clear that it is the customer’s choice to make use of interactive opportunities provided via the digital platform. Where relevant, explain that they may opt-out of having interactive opportunities made available to them and what steps they should take to exercise this right and the consequences of doing so and Security g) inform customers that appropriate steps are taken to ensure the
security of any personal information collected via an interactive opportunity and any personal information held by them or transferred to third parties, in accordance with Section 5 of this Code and the Data Protection Act 1998.
Individual/subscriber 18.12 Members should recognise that an individual submitting data via an interactive screen may not necessarily be the named subscriber to the digital platform, particularly where name and address details must be re-submitted. They should also note that at each point of data collection, the Data Protection Act 1998 requires that a data subject must be informed of the identity of the party collecting the data and the purposes for which the data is being collected.
Information to be provided to individuals at each point of collection
18.13 Members collecting personal data through an interactive advertising opportunity must, immediately prior to or at the time of data
collection:
Identity a) clearly identify the party collecting personal data, whether this is the digital broadcaster, the advertiser or both acting as joint data controllers
Purposes b) give the purposes for which data are being collected, including whether it is intended to transfer data to third parties
Further marketing
approaches - opt-in/out c) where the digital broadcaster is collecting data on behalf of the advertiser, it must explain that data will be transferred to the advertiser for the purposes described where relevant and provide an easy to use opt-out mechanism on the interactive screen that allows viewers to object to the use of their data for future direct marketing approaches from the advertiser
Privacy information d) make available to viewers more detailed privacy information, for instance through an interactive “help” button. Such information should include:
i) a reminder that data already collected by the digital broadcaster at the point of initial contact with a customer (such as name and address details) may be automatically transferred to an advertiser in the event of the customer making use of an interactive opportunity
ii) details of the security measures adopted to ensure the protection of personal data submitted during an interactive opportunity and during any transfer to the advertiser
iii) details of any third party processors to whom data will be transferred and the fact that such a transfer will only take place under contract (see para 5.65 above). It should also be mentioned whether this transfer will involve the transfer of data outside the European Economic Area (see para 5.28j above).
Automatic transfers of data from a digital broadcaster
18.14 Members advertising through interactive television that do not collect personal data, but have data collected by the digital broadcaster at the initial contract stage automatically transferred to them in the event of a customer interacting, must remind customers of this possibility before such a transfer takes place.
Telephone marketing 18.15 Members collecting telephone numbers for direct marketing
purposes, other than for the fulfilment of an initial specific request to telephone, must ensure that before use those numbers are cleaned against the most recent Telephone Preference Service (TPS) file. However, members may use their own list (i.e. a list of those with whom they have an established relationship) without cleaning against the TPS, as long as the data subject has provided their own telephone number (i.e. it is not sourced) and it was made absolutely clear at the time of collecting the telephone number that the data subject may receive telemarketing calls to that number and the data subject did not opt-out of receiving such calls (see paras 5.90, 5.91 and 5.92 above). Data collected via
interactive programme services
18.16 Members collecting data via interactive programme services (i.e. where viewers have entered a competition or voted on issues
pertaining to a programme) that may be used for marketing purposes, must make clear to viewers at, or immediately prior to, the point of collection:
a) the identity of the data controller (i.e. the broadcaster and/or sponsor of the programme)
b) the purposes for which data are collected, such as marketing or, if relevant, the transfer of data to third party advertisers, including specific mention of the programme sponsor, where relevant, and c) inform viewers of their right to object to the processing of the data
for direct marketing purposes and give an easy to use opt-out mechanism for exercising this right.
Content
BCAP’s rules 18.17 Members must refer to BCAP’s TV Advertising Standards Code (BCAP’s Code).
Code compliance 18.18 Members must comply with Sections 6, 7 and 8 of this Code, which cover the content of advertisements and offers in detail.
DIRECT MARKETINGCODE OF PRACTICE
Competitions and prize
draws 18.19 In particular, members operating competitions or prize draws, either in conjunction with interactive advertising or enhanced programme services, must refer to paras 7.28 to 7.38 above of this Code. Members must not promote competitions, prize draws or other gaming schemes as a solution to financial difficulties or encourage excessive or
reckless playing of such schemes.
PhonepayPlus 18.20 Members operating competitions or prize draws through interactive or enhanced programme services or advertising, entry for which is via premium rate telephone services must refer to the PhonepayPlus (see glossary) Code of Practice.
Cost of interactivity 18.21 Members must give clear and simple instructions to viewers as to how to access interactive/enhanced opportunities. Any cost to the viewer of selecting an interactive/enhanced route, such as the cost of a telephone call, must be made explicitly clear prior to the viewer selecting the route.
Distinction between
editorial and advertising 18.22 Interactive/enhanced advertising must be clearly distinguishable from editorial content. Viewers must be clear as to which environment they are in at any time and they must not be misled as to which regulatory regime applies. In particular:
First click rule a) when viewers choose to interact during editorial programming, the first screen accessed must offer editorial programme enhancements and not contain wholly advertising content (the “first click” rule)
Second click b) although the first screen accessed may contain links to further screens containing commercial material, it must be made explicitly clear to viewers that a “second click” will take them to advertisements or offers for sale
Predominance of
advertising c) within any programme enhancement, advertising not specifically selected by the viewer must not predominate over programme material
Icons d) any icon within editorial programming, which allows access to interactive or enhanced opportunities, must not be commercially branded or placed in such a way as to lead to interactive or enhanced opportunities that are in any way related to the editorial content
Collection of data e) members collecting personal data via programme enhancements must make it explicitly clear to viewers if that data is to be used for marketing purposes (see para 18.16 above)
News programmes f) an advertisement on an enhancement screen linked to a news or current affairs programme should not be linked to any advertiser, product or service referred to in that programme and should not make direct offers for sale
Consumer programmes g) an advertisement on an enhancement screen linked to a consumer advice programme should not make a direct offer for sale of any product or service referred to in that programme
Childrens’ programmes h) an advertisement on an enhancement screen linked to a children’s programme or one likely to have a significant child audience should not:
i) be for a product or service that could not be transmitted in or adjacent to that programme in a linear environment and ii) make a direct appeal to a child to purchase products or
services by mail, telephone, mobile or email or encourage the child to persuade parents or others to make such purchases on their behalf.
Content 18.23 BCAP’s Code contains detailed rules on the content of television advertising. This also covers interactive/enhanced advertising. In particular members must be aware that:
Unacceptable products a) there are certain products that must not be advertised - these include breath testing devices, the occult, betting and gaming, tobacco products, private investigation agencies, guns and gun clubs, escort agencies, pornography and, unless specifically permitted, commercial services offering advice on personal or consumer problems
Special rules b) Members should not make a direct appeal to children to purchase products or services by mail, telephone, mobile or email or be encouraged to persuade their parents or others to make such purchases on their behalf.
Children c) Members should not make a direct appeal to children to purchase products or services by mail, telephone, mobile or email or be encouraged to persuade their parents or others to make such purchases on their behalf.