SFS No. 2010:696 Ministry/authority: Ministry of Culture
Issued: 17 June 2010 Enters into force: 1 August 2010

Section 1. In this Act, the following terms will be construed as follows:
1. Advertisement: commercial advertisements and other messages that while not commercial advertisement are broadcast by another party, and are intended to promote a cause or idea;
2. Advertising with split screen: broadcast of an advertisement at the same time as another broadcast;
3. On‐demand TV: a service whereby a media service provider provides the public with TV programmes with the help of electronic communications networks, for information, entertainment or educational purposes,
A) upon the request of the user,
B) at a time chosen by the user, and
C) from a catalogue of programmes that the provider has chosen;
4. Teleshopping programmes: programmes where a recipient of the programme is offered an opportunity to order goods and services;
5. Commercial radio: radio broadcasts requiring a license, which
A) do not require a licence from the Government,
B) are not restricted to a limited time pursuant to Chapter 11 section 11, paragraph 2, or C) are not community radio.
6. Media service provider: a natural or legal person who
A) has editorial responsibility for the choice of content in a radio or TV broadcast, on‐demand TV or Teletext, and
B) determines how the content is to be structured;
7. Radio broadcast: a broadcast of a radio programme with the help of electronic
communications networks, which
A) a media services provider provides,
B) is directed to the public, and
C) is intended to be received using technical equipment;
8. Community radio: local radio broadcasts for associations and registered religious communities;
9. Community radio association: an association of several licence holders in a transmission area for shared community radio purposes;
10. Product placement: the presence in a programme of a product, a service or a trade mark, if this is done for a marketing purpose and in return for payment or for similar consideration to the media service provider, unless the good or service is of little value and has been provided free of charge;
11. Broadcaster: a provider of media services that supplies radio broadcasts, television broadcasts or Teletext;
12. Programme service: a collection range of radio‐ or TV‐ program or Teletext broadcast under the same designation;
13. Advertisement: every form of message
A) broadcast either in return for payment for similar consideration, or as an advertisement for the broadcaster itself, and
B) intended as part of business activity to market products, services, real estate, positions available or other useful items;
14. Sponsorship: any contribution that a party who is not engaged in supplying or producing radio, TV broadcasts, on‐demand TV or Teletext makes in order to finance these media services or programmes with the intent of promoting the name, trade mark, reputation, business, product or interest of the contributor;
15. Broadcast directed to the public: a broadcast that simultaneously, and without the need for a separate request, is accessible for whoever wishes to receive it;
16. Teletext: a broadcast via electronic communications network that consists mostly of text, graphics or stills, with or without sound, which
A) a provider of media services supplies,
B) is directed to the public,
C) is intended to be received using technical aids, and
D) allows the user to choose what part of the content he or she would like to access and the point in time when this should take place;
17. TV programme: A programme that mainly consists of moving pictures with or without sound;
18. TV broadcast: a broadcast of, or to broadcast TV programmes with the help of, an electronic communications network, in which the broadcast
A) is provided by a media services provider,
B) is directed to the public, and
C) is intended to be received using technical aids;
19. Virtual advertising: broadcast of messages that are placed electronically in a TV picture on fixed objects, which normally is used for advertising, or for marks on which advertising can be physically placed.

mons3178

Chapter 6. Product placement

Prohibition to broadcast programmes that include product placement
Section 1. No product placement should be present in TV or in programmes in on‐demand TV, unless otherwise provided in section 2.
Section 2. Media service providers may broadcast films, TV series, sport programmes and light entertainment programmes with product placement, subject to the conditions set out in sections 3 and 4.
The first paragraph, however, does not apply to programmes directed to children below the age of twelve years, nor to any programmes where there is product placement of 1. alcoholic beverages and tobacco products,
2. other products from companies whose principal activity is the manufacture or sale of alcoholic beverages and tobacco products, or
3. prescription medicinal products and medical treatments that are only available by prescription.
Requirements regarding programmes where there is product placement
Section 3. Programmes with product placement may only be broadcast if the programmes do not improperly promote commercial interests according to Chapter 5 section 5.

13 Information about product placement
Section 4. When product placement is present in a programme, information regarding this should be communicated at the beginning and at the end of the programme, as well as when the programme begins again after an interruption for advertising.
The information should consist only of a neutral notification that there is product placement and of the goods or services that have been placed in the programme.