Closed consultation

Introducing further advertising restrictions on TV and online for less healthy food and drink: consultation on internet protocol television (IPTV)

Published 12 September 2024

Introduction and background

On 1 October 2025, further restrictions (‘the advertising restrictions’) will come into force on the advertising of certain products categorised as less healthy food and drink. Two types of restrictions will come into force:

• a 9pm watershed for television broadcasts, which, under section 321A of the Communications Act 2003, places a duty on Ofcom to set standards prohibiting advertisements for identifiable less healthy food and drink products from being broadcast between 5.30am and 9pm
• a total ban for paid-for advertising of identifiable products online

As well as linear (traditional) broadcast services, on-demand programme services (ODPS), often known as catch-up services, are also subject to the 9pm watershed for broadcast television.  

The advertising restrictions are in the Communications Act 2003, as amended by the Health and Care Act 2022. Between December 2022 and March 2023 we consulted on the secondary legislation that will implement certain aspects of the restrictions. The government’s response has now been published.

This new consultation seeks further views on an aspect of the 2022 to 2023 consultation, relating to the application of the advertising restrictions to internet protocol television (IPTV) services. The consultation closes at 11:59pm on 10 October 2024.

Consultation

IPTV services deliver TV programmes and advertising live (as opposed to on demand) over the internet. This type of online delivery has increased in prevalence since the restrictions were brought in by primary legislation in 2022, and is expected to increase significantly over time. In cases where a channel is delivered by both internet protocol (IP) and linear (traditional) means, the content may be simulcast, but some elements, adverts in particular, could be different.

Some services involve live-streamed broadcast content and so are in different respects both ‘broadcast’ and ‘online’ in their nature. We need, therefore, to ensure that the application of the advertising restrictions to these services is coherent and appropriate and that there is clarity for IPTV operators.  

Our proposal is that whether an IPTV service falls under the broadcast or the online advertising restrictions will be determined by whether Ofcom has regulatory powers with regard to that service under the Communications Act 2003. Under this act (as amended), IPTV channels that appear on regulated electronic programme guides (EPGs) must be licensed by Ofcom.

Regulated IPTV channels are subject to content standards set out in Ofcom’s Broadcasting Code and the Broadcast Committee of Advertising Practice (BCAP) Code. Therefore, even if an Ofcom-regulated IPTV service showed a channel identical to  the traditional broadcast, but had different adverts, these would be subject to the same 9pm watershed restrictions.

The Department for Culture, Media and Sport (DCMS) recently consulted on the regulation of additional EPGs which could result in some currently unregulated IPTV channels becoming regulated. When the advertising restrictions come into force, if an Ofcom-regulated IPTV service were to breach the provisions, Ofcom would have powers to take action against it using its regulatory powers under this act. 

Under the provisions introduced by the Health and Care Act 2022, advertising on IPTV services accessed via a regulated EPG would be subject to both the broadcasting and online advertising restrictions. While the broadcast regime would permit adverts for less healthy food and drink after 9pm, the online restrictions would ban them altogether.

Given that these services would be regulated by Ofcom in the same way as other broadcast services, we consider that the appropriate position is for them to be subject to the broadcast advertising restrictions only. Our proposal is to amend the draft regulations that were consulted on in 2022, to be clear that Ofcom-regulated IPTV services will be exempted from the online regime, although they are transmitted over the internet. This is similar to the position taken in the advertising restrictions as outlined within the Communications Act 2003 in respect of online radio. 

Conversely, other IPTV channels will continue to fall outside Ofcom’s remit to regulate, for example because they do not appear on a regulated EPG. Content on those channels is not subject to Ofcom’s Broadcasting Code or BCAP’s advertising standards code. However, there may be some instances where a service is simultaneously available on a regulated EPG and on other platforms which are not regulated. Where this is the case and the content on both versions is identical in all respects, including all adverts, our intention is to exempt the service available on the non-regulated platform, to avoid double regulation.  

In all other circumstances, we propose that unregulated IPTV channels will continue to be subject to the online restrictions. If unregulated services were to be exempted from the online advertising restrictions regime, Ofcom would have no powers to take action in the case of a breach, as the Health and Care Act provides it with specific powers to take action only against online advertisers.

Consultation questions

Do you agree or disagree with the proposed exemption of Ofcom-regulated IPTV services from the online restrictions?

• agree
• neither agree nor disagree
• disagree
• don’t know

Do you agree or disagree that it is clear how the advertising restrictions, with the proposed exemption, apply to IPTV that is not regulated by Ofcom?

• agree - it is clear
• neither agree, nor disagree
• disagree, it is not clear
• don’t know

Do you have any additional comments on how the advertising restrictions, with the proposed exemption, apply to an identical service that is simultaneously available on an Ofcom-regulated EPG and an unregulated platform?

If yes, please explain your answer. (optional)

How to respond

You can respond to this consultation by completing the online survey.

The consultation will close on 10 October 2024 at 11:59pm.

Next steps

We will continue to work with the regulators to establish robust guidance for industry ahead of the restrictions coming into force on 1 October 2025.

This consultation invites interested parties to comment on the application of the advertising restrictions to IPTV services.  

Responses to this consultation will be reviewed. If required, the draft regulations will be revised before they are laid before Parliament.

Privacy notice 

Summary of policy

DHSC is seeking the views of interested parties on the proposal for Ofcom-regulated IPTV to be exempt from the online restrictions within the advertising regulations that are due to come into force on 1 October 2025. This would mean that Ofcom-regulated IPTV is subject to the broadcasting restrictions only, preventing double regulation. The proposed exemption for Ofcom-regulated IPTV also aligns with the approach outlined within the Communications Act 2003 in respect of online radio.

Data controller

The Department of Health and Social Care (DHSC) is the data controller.

What personal data we collect

We will collect and process the following personal data (where given):

• whether you are responding as an individual member of the public, an individual sharing your professional views, or on behalf of an organisation
• the name of your organisation, where your organisation operates or provides services
• the sector of your organisation, if responding on behalf of an organisation
• the country you live in
• your internet protocol (IP) address (this is for security purposes and will not be attached to your survey response)

If volunteered by you, we will also collect data on:

• your personal characteristics (including your age, sex, ethnicity and whether you consider yourself to have a physical or mental health condition)
• your email address
• any other personal data you may provide in response to open-ended questions in the survey

How we use your data (purposes)

We collect your personal data as part of the consultation process:

• for statistical and analytical purposes - for example, to understand how representative the results are and whether views and experiences vary across organisations
• so that DHSC can contact you for further information about your response
• to reduce the likelihood of individuals being able to submit multiple responses

If you have given consent, DHSC can contact you to allow you to amend or delete your response or to send you a reminder before the consultation closes, if you have not submitted your final response.

Legal basis for processing personal data

Under Article 6 of the United Kingdom General Data Protection Regulation (UK GDPR), the lawful basis we rely on for processing this personal data is:

• the processing is necessary to perform a task in the public interest or for our official functions and the task or function has a clear basis in law
• because it’s necessary for reasons of public interest in public health. It helps us ensure that our proposal on an exemption for Ofcom-regulated IPTV from the online restrictions considers the views and experiences of different stakeholders

Data processors and other recipients of personal data

Responses to the online consultation may be seen by:

• data analysts, economists, lawyers and officials in DHSC supporting the advertising regulations policy
• DCMS’s officials supporting the advertising regulations policy
• DHSC’s third-party supplier (SocialOptic), which is responsible for running and hosting the online survey

International data transfers and storage locations

Storage of data by DHSC is provided via secure computing infrastructure on servers located in the European Economic Area. DHSC platforms are subject to extensive security protections and encryption measures.

Storage of data by SocialOptic is provided via secure servers located in the UK.

Retention and disposal policy

We will hold your personal information for up to one year after the online consultation closes. Anonymised information may be kept indefinitely.

We will ask SocialOptic to securely delete the information held on their system one year after the online consultation closes.

How we keep your data secure

DHSC uses a range of technical, organisational and administrative security measures to protect any information we hold in our records from:

• loss
• misuse
• unauthorised access
• disclosure
• alteration
• destruction

We have written procedures and policies that are regularly audited and reviewed at a senior level.

SocialOptic is Cyber Essentials certified. This is a government-backed scheme that helps organisations protect themselves against the most common cyberattacks.

Your rights as a data subject

By law, data subjects have a number of rights, and this processing does not take away or reduce these rights under the EU General Data Protection Regulation (2016/679) and the UK Data Protection Act 2018 applies.

These rights are:

• the right to get copies of information - individuals have the right to ask for a copy of any information about them that is used
• the right to get information corrected - individuals have the right to ask for any information held about them that they think is inaccurate, to be corrected
• the right to limit how the information is used - individuals have the right to ask for any of the information held about them to be restricted - for example, if they think inaccurate information is being used
• the right to object to the information being used - individuals can ask for any information held about them to not be used. However, this is not an absolute right, and continued use of the information may be necessary, with individuals being advised if this is the case
• the right to get information deleted - this is not an absolute right, and continued use of the information may be necessary, with individuals being advised if this is the case

Links to other websites

Where we provide links to websites of other organisations, this privacy notice does not cover how that organisation processes personal information. We encourage you to read the privacy notices of the other websites you visit.

More information can be found on the following pages:

• cookies on GOV.UK
• privacy notice on GOV.UK

Disclosure of responses

Please note that, as a public body, DHSC or DCMS may be required by law to publish or disclose information provided in response to this consultation in accordance with access to information regimes:

• the Freedom of Information Act 2000
• the Data Protection Act 2018
• the General Data Protection Regulation

By providing personal, confidential, commercial or intellectual property information for the purpose of the public consultation exercise, it is understood that you consent to its disclosure and publication where necessary. Confidential information is disclosed at the respondent’s risk; we would encourage any confidential or sensitive information to be marked as such in your response so that this information can be taken into account when responding to a request.

Under the Data Protection Act 2018 (and the General Data Protection Regulation), you have certain rights to access your personal data and have it corrected, restricted or erased (in certain circumstances), and you can withdraw your consent to us processing your personal data at any time. If you decide to withdraw your response, you will need to contact data_protection@dhsc.gov.uk or write to:

Data Protection Officer

1st Floor North

39 Victoria Street

London

SW1H 0EU

Comments or complaints

Anyone unhappy or wishing to complain about how personal data is used as part of this programme should contact data_protection@dhsc.gov.uk in the first instance or write to:

Data Protection Officer
1st Floor North
39 Victoria Street
London
SW1H 0EU

Anyone who is still not satisfied can complain to the Information Commissioner’s Office.

Their postal address is:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Automated decision-making or profiling

No decision will be made about individuals solely based on automated decision-making (where a decision is taken about them using an electronic system without human involvement) which has a significant impact on them.

Changes to this policy

We keep this privacy notice under regular review, and we will update it if necessary. All updated versions will be marked by a change note on the consultation page. This privacy notice was last updated on 10 September 2024.