Section 368F: Advertising

Communications Act 2003 · 2003 c. 21View on legislation.gov.uk

Part 4A: ON-DEMAND PROGRAMME SERVICES — Chapter 2: Regulation of on-demand programme services

Advertising of the following products is prohibited in on-demand programme services—

cigarettes or other tobacco products;
electronic cigarettes or electronic cigarette refill containers;
any prescription-only medicine.

Advertising of alcoholic drinks is only permitted in on-demand programme services if—

it is not aimed specifically at persons under the age of eighteen, nor does it, in particular, depict such persons consuming alcoholic drinks;
it does not link the consumption of alcohol to enhanced physical performance or to driving;
it does not create the impression that the consumption of alcohol contributes towards social or sexual success;
it does not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts;
it does not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light; and
it does not place emphasis on high alcoholic content as being a positive quality of alcoholic drinks.

Advertising included in an on-demand programme service—

must be readily recognisable as such, and
must not use techniques which exploit the possibility of conveying a message subliminally or surreptitiously.

Advertising included in an on-demand programme service must not—

prejudice respect for human dignity;
include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
encourage behaviour prejudicial to health or safety;
encourage behaviour grossly prejudicial to the protection of the environment;
cause physical , mental or moral detriment to persons under the age of eighteen;
directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
exploit the trust of such persons in parents, teachers or others; or
unreasonably show such persons in dangerous situations.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.