Blog: Pact's product placement plans

Medwyn Jones

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Media law expert Medwyn Jones applauds Pact's decision to create a code of practice for product placement and hopes it will show culture secretary Andy Burnham that his approach is misguided.

Congratulations to Pact for showing initiative in taking the product placement debate forward by getting broadcasters to sign up to a code of practice.

The Audio Visual Services Directive (which the Government must implement by December next year) enables Member States to allow product placement in certain programming, so long as there is no undue prominence, and no editorial interference.

At the moment producers can obtain products or services for free, but cannot accept payment to use a particular product or service. This is an artificial distinction since this is no real difference between sourcing a product for free, which would otherwise be a significant cost to the production (eg. a car which will be smashed up), and being paid to use a product which had minimal cost to the production (eg. a soft drink).

The real issue is transparency, and ensuring that editorial integrity is maintained. If a drama requires someone to drink a soft drink, does it really matter that a drinks manufacturer is prepared to pay to have their product used in the programme? And if they do pay, are the viewing public being mislead?

Product placement is already so commonplace in imported programmes that viewers are much more media-savvy than the Government gives them credit for. This code of practice demonstrates that broadcasters are willing to approach product placement in a responsible manner, and work with Ofcom to avoid the excesses of product placement that Andy Burnham seems so preoccupied about.

The question is not whether a ban on product placement would hit revenue crucial to fulfilling the public service obligation of broadcasters, but rather can effective regulation be put in place to allow product placement, so that UK producers and broadcasters are not disadvantaged in the global television market? The answer is clearly 'yes', as this initiative demonstrates.

Maybe this will finally convince Andy Burnham that his 'throw the baby out with the bathwater' approach to product placement is misguided, and that a controlled and sensible approach to this potentially valuable source of revenue for hard-hit broadcasters and producers is long overdue.

Medwyn Jones is a partner at law firm Harbottle & Lewis