Belgium

[BE] Flemish Media Regulator clarifies the rules on editorial and commercial content

IRIS 2015-5:1/5

Eva Lievens

Ghent University

Having established during its monitoring of Flemish television broadcasts that very short “bumpers” have been increasingly used to indicate advertising breaks, the Flemish Media Regulator issued an opinion on the implementation of the principle related to the distinction between editorial and commercial content. This principle is laid down in Article 79 of the Flemish Media Decree, which implements Article 19 of the Audiovisual Media Services Directive. According to Article 79, television advertising must be readily recognisable and distinguishable from editorial content. After consulting with the Flemish television broadcasters, a number of concrete guidelines were put forward. Regarding the “initial bumper”, two options were identified: either the “initial bumper” may be shown for a minimum duration of 5 seconds or the “initial bumper” may be shown for a minimum duration of 2 seconds accompanied by the word “RECLAME” (“ADVERTISEMENT”) in a size which is easily readable for an average viewer. In both cases, the bumper must be shown in a “screen-filling” manner, meaning that the screen must be completely filled, without using “wipes” for the duration of 5 or 2 seconds. It was clarified that there will be no clear distinction between editorial and commercial content if the initial bumper is incorporated in the editorial content or the advertising spot or if the initial bumper contains a sponsor message. The “end bumper” must be shown for a minimum duration of 2 seconds, also in a screen-filling manner, without using wipes. Mentioning the word “RECLAME” (“ADVERTISEMENT”) is not required, but if the end bumper is incorporated in the editorial content or the advertising spot or if it contains a sponsor message, it will not comply with the distinction principle.