Distinguishable advertising: determination summary

Issues highlighted in cases relating to Section 2.7 of the Code that have been considered include:
 

The Community Panel has found two advertisements which breach this Section of the Code.

  • Television infomercials that do not clearly state that the segment is an advertisement will likely breach this Section of the Code.
  • Advertisements that use the style of news content will likely breach this Section of the Code is they do not clearly state the segment is advertising.

The Community Panel has dismissed a number of cases under this Section.

  • Social media advertising or sponsored content that includes the hashtag and handle of the brand is considered distinguishable to the relevant audience.
  • Advertorial content that includes ‘this content brought to you by’ or clearly distinguishes the advertorial segment from the television show it is appearing on does not breach this Section of the Code.
  • Advertising content which takes on the appearance of the television program being watched and has the advertiser’s brand clearly visible will not breach this section.
  • Online game apps identified with the logo of the brand are considered distinguishable to the relevant audience.