Regulations for the Distinction between Radio Programs and Advertisements and Product Placement Marketing and Sponsorships

2019-04-03
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Chapter I. General provisions
Article 1
The Regulations are stipulated in accordance with Paragraph 2, Article 34-3 of the Radio and Television Act.
Article 2
The terms used in the Regulations shall be defined as follows:
1. Radio businesses: refers to businesses that operate radio stations.
2. Title Sponsorship: refers to a radio program entitled with the name and/or brand of the sponsor’s product, service, business/enterprise, agency (institution), group or person.
3. News Program: refers to current affairs, critiques or other forms of programs based on facts.
4. Current Affairs Program: refers to all types of contents based on current events.
5. Children’s Program: refers to programs produced for an audience below the age of twelve.
Chapter II. Management of the distinction between programs and advertisements
Article 3
Programs broadcast by a radio business shall be clearly distinguishable from inserted advertisements, unless otherwise stipulated in Radio and Television and the Regulations.
The titles of programs broadcast by a radio business shall be announced at the beginning of each section of the program.
The advertisements inserted in a program broadcast by a radio business shall be distinguishable from the program, whereby the host shall make such distinction by announcing time for advertisements or for industrial and commercial services, or using a specific melody or other appropriate methods.
Article 4
Programs broadcast by a radio business that fall under any one of the following circumstances that impart an obvious promotion or publicity of a product or service, encourage consumption, or take advantage of the credulity or comparative state of mind of the audience so as to impact consumption behavior shall be deemed as being not recognizable and having no distinction from the inserted advertisements:
1. Program titles show the brand, product or service of a specific vendor.
2. Program titles that are associated with an inserted advertisement.
3. The speech or performance of a program participant imparts the brand, product, service, telephone number, website, or slogan of a specific vendor; or involves a specific product’s utility, usage or price.
4. An advertisement that a program participant has participated in is associated with the program content.
5. The program content uses children, celebrities, professionals, gifts, statistics, scientific data, results of experimental design and other practices to highlight the value of a specific product or service.
6. The props/set designs, gifts, specific campaigns or other designs used in the program, by means of speech or other forms, imparts the brand, product, service, telephone number, website, or slogan of a specific vendor; or involves a specific product’s utility, usage or price.
7. The props/set designs, gifts, specific campaigns or other designs used in the program are associated with a specific advertisement.
8. The program content imparts the brand, product, service, telephone number, website, or slogan of a specific vendor; or involves a specific product’s utility, usage or price.
Article 5
Current affairs programs that fall under any one of the following circumstances that impart an obvious promotion or publicity of a product or service, encourage consumption, or take advantage of the credulity or comparative state of mind of the audience so as to impact consumption behavior shall be deemed as being not recognizable and having no distinction from the inserted advertisements, unless otherwise stipulated in the preceding articles:
1. Presents a single perspective or a positive and in-depth coverage of a specific product or service.
2. Presents a specific vendor’s brand, product, service, slogan, utility, and usage during the broadcast and clearly fails to meet principle of proportion.
Article 6
Children’s programs that fall under any one of the following circumstances that impart obvious promotion or publicity of a product or service, encourage consumption, or take advantage of the credulity or comparative state of mind of the audience so as to impact consumption behavior s shall be deemed as being not recognizable and having no distinction from the inserted advertisements, unless otherwise stipulated in Article 4:
1. The segment encourages children to ask parents to accept a product or service mentioned in the program.
2. The segment takes advantage of children’s participation in order to encourage various forms of payment.
Chapter III. Management of product placement marketing
Article 7
Publicly operated radio stations shall be forbidden from conducting product placement marketing.
Article 8
With the exception of the following program types, radio businesses may conduct product placement marketing:
1. News programs.
2. Children’s programs.
Article 9
Radio businesses shall be forbidden from conducting product placement marketing for the following products, trademarks or services, unless otherwise stipulated by law:
1. Tobacco.
2. Liquor.
3. International matchmaking.
4. Prescription medicine or medicine designated by central competent health authorities;
5. Illegal commodities and services.
6. Other commodities forbidden from advertising by law.
Article 10
Where the program broadcast by a radio business is identified as conducting product placement marketing, the production and broadcasting of relevant content should be naturally involved in the program content and shall not include any of the following circumstances:
1. The segment deliberately affects the editing of program content;
2. It directly encourages the purchase of a product or service;
3. It exaggerates the effect of a product or service.
Article 11
Where the program broadcasted by a radio business is identified as conducting product placement marketing, the name or trademark of the vendor shall be explicitly disclosed before or after the said program; such disclosure shall be excluded from the advertising time.
The message of the vendor disclosed in the preceding paragraph shall not contain any advertisement and shall not exceed 45 seconds.
Radio businesses that fail to reveal the aforementioned information before or after the said program but display content in the form of advertisement shall be dealt with according to Article 3 to 6.
Chapter IV. Management of sponsorship and title sponsorship
Article 12
Publicly operated radio stations may accept sponsorship if the production and the broadcasting of the programs meet its tenet of establishment.
Article 13
Radio businesses shall not accept sponsorship and title sponsorship for news programs.
Radio businesses shall not accept title sponsorship for their programs for children.
Article 14
Radio businesses shall not accept sponsorship in any program from any business, agency (institution), group or person engaged in the following products or services, unless otherwise stipulated by law:
1. Tobacco.
2. International matchmaking.
3. Illegal commodities and services.
4. Other commodities forbidden from advertising by law.
Any radio program shall not accept title sponsorship for the following products or services:
1. Tobacco.
2. International matchmaking.
3. Illegal commodities and services.
4. Other commodities forbidden from advertising by law.
Article 15
Radio businesses that accept sponsorship or title sponsorship shall be forbidden from undertaking the following actions:
1. Intervene in the editing of the program content.
2. Affect the rights and interests of the audience.
Article 16
Where a radio broadcasting business accepts sponsorship or title sponsorship in its program, the name or trademark of the sponsor’s business, agency (institution), group or person shall be explicitly disclosed before or after the said program, and such disclosure shall be excluded from the advertising time.
The message of the sponsor disclosed in the preceding paragraph shall not contain any advertisement and shall not exceed 45 seconds.
Radio businesses that fail to reveal the aforementioned information before or after the said program but display content in the form of advertisement shall be dealt with according to Article 3 to 6.
Chapter V. Supplementary provisions
Article 17
The Regulations shall take effect from the date of promulgation.