Ofcom

Well, me and 64 others who waited 10 months to be told we were right. Still, at least the system works. Albeit slowly.

The Programme Code states that commercial products must not be promoted in programmes. The initial banner message inviting viewers to find out how to obtain extra channels appeared on screen simultaneously with programming. While accepting that it may be necessary from time to time to inform DTT customers of new ‘free-to-air’ channels they can view by resetting their boxes, the purpose of this message was clearly to promote Top Up TV – an additional service which requires a subscription fee to view the extra channels offered. It was not transparent to viewers that the message formed part of an advertising communication until after they had clicked the red button. We consider that the banner message indirectly promoted a commercial service within programming and was therefore in breach of the Programme Code.

The inclusion of the banner advertisement during programmes was in breach of Section 8.1 of the (ex-ITC) Programme Code.

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