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Guidance Note
Advertising and Sponsorship – ABC Commercial
Issued: 20 December 2013
Scope of this Guidance Note
This note provides guidance on:
(i) The management of advertising and sponsorship in ABC Commercial’s stable of print magazines and their associated digital versions
(ii) The restrictions on advertising and sponsorship which are to be considered in the licence agreement between the ABC and a third party digital media service when establishing a deal to syndicate ABC content to that third party.
In the case of (i) above, this note applies to ABC Commercial staff working on the ABC’s print magazines and their digital versions and to their nominated contacts within the content Divisions.
In regard to (ii), this note applies to ABC Commercial staff who are involved in establishing and monitoring the licensing deals and to the content division director or their nominated representatives who sign off on the project.
Activities which are out of scope of this Guidance Note
This guidance does not cover considerations regarding the establishment of ABC presences on third party social media sites which generally feature advertising, for example, a program site on Facebook. Nor does it cover the streaming of ABC content to third party sites such as YouTube.com which are not covered by
agreements founded on commercial terms. Guidance for these activities is contained in the Guidance Note Operating Official ABC Social Media Accounts.
This guidance does not cover advertising and sponsorship on the Corporation’s international television service and its associated digital and audio channels. ABC International staff should refer any questions they have on advertising and sponsorship on their services to the appropriate manager.
This note does not cover the promotion of ABC products and services on ABC Television, Radio or on other sites and services operated by the ABC. The provisions regarding announcements about ABC programs and activities are set out at section 10 of the ABC’s Editorial Policies.
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Finally this note does not provide guidance for situations where the ABC is
approached to be a media partner or to sponsor content, events or services. In these situations, ABC staff should refer to the appropriate policies and guidelines relating to the ABC’s corporate and community engagement.
Mandatory referral
Any proposal to depart from the restrictions for advertising set out in section B relating to syndicated content on third party digital media services must be referred to the Managing Director of the ABC for approval.
Key Editorial Standards
Excerpts of key editorial standards relevant to this Guidance Note are set out below.
Other editorial standards may also be relevant, depending on the specific circumstances applying in each case.
1. Independence, Integrity and Responsibility 1.1 Maintain the independence and integrity of the ABC.
1.2 Exercise ABC editorial control over the content the ABC broadcasts or publishes.
1.3 Ensure that editorial decisions are not improperly influenced by political, sectional, commercial or personal interests.
…
1.5 Exercise editorial independence as authorised and accept responsibility for it.
When in doubt about an editorial matter, refer it up to the next most senior person for advice or decision.
1.6 When any editorial matter, including an editorial matter not being referred up for advice or decision, is likely to cause controversy or have an extraordinary impact, give proper notice of it to the most appropriate senior manager.
11. Advertising and Sponsorship Restrictions
11.1 11.1 Do not accept advertising or sponsorship in relation to content or services offered on:
a the ABC’s domestic free-to-air television and radio services; or b the ABC’s internet site, abc.net.au.
11.2 Do not accept sponsorship for news content or content designed for preschool children.
11.3 Ensure advertising is not broadcast within news content or content designed for preschool children.
11.4 Ensure sponsored content is identified as such and in a manner that informs but does not promote.
11.5 References to a sponsor or a sponsor’s product or service must not be a condition of the sponsorship arrangement. Any sponsorship reference must be editorially justified.
11.6 Ensure advertising is readily distinguishable from editorial content.
11.7 Product placement and other forms of embedded or surreptitious advertising are prohibited. In exceptional cases, the ABC may use content that already contains product placement provided:
a the ABC played no role in the commissioning or production of the content;
b the content has intrinsic editorial value;
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c the product placement is not unduly frequent or unduly prominent; and d the ABC’s editorial independence and integrity are not undermined.
11.8 Do not enter into any advertising or sponsorship arrangement if it would be likely to undermine the ABC’s independence and integrity or could be reasonably perceived to do so.
Introduction
The ABC does not accept advertisements or commercial sponsorships for its domestic television and domestic and international radio services, nor for its digital media services. This restriction on advertising and sponsorship in the ABC’s broadcasting services has been in place from the inception of the ABC as the public broadcaster in 1932. Amendments to the ABC Act in 2013 extended this restriction to the ABC’s digital services with certain exceptions.
Under the Act, the ABC is permitted to augment its funding with advertising and sponsorship on its international television service and on digital media services which are related to the ABC’s international television service. In addition, the Act allows for ABC Commercial to produce print magazines and associated digital versions of these magazines supported by advertising and sponsorship. It is also acceptable for ABC Commercial to license ABC content for commercial gain to third parties. These third parties can carry advertising and sponsorship subject to certain agreed restrictions.
Magazine publishing allows the Corporation to make existing ABC and new editorial material available in new forms to a range of audiences, thereby enhancing the ABC’s services. Magazine publishing cannot be sustained on the cover price alone and requires a level of advertising to ensure the commercial viability of the
publication.
The ABC’s digital content is licensed to third parties with a view, not only to achieving revenue for the Corporation, but to extending the reach of the ABC into new and existing commercial digital platforms which are hungry for high quality content.
“Where permissible advertising or sponsorship occurs, the ABC is committed to maintaining the audience members’ trust in the honesty and integrity of what they see, hear and read. Advertisements and sponsored content must be readily recognisable as such. Advertisers and sponsors must have no influence over editorial content or scheduling decisions. In all decisions relating to advertising and sponsorship, the ABC’s independence and integrity are paramount.”
(Section 11, ABC Editorial Standards 2011)
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Definitions Advertisement, advertising
An announcement explicitly designed or calculated to promote an organisation, product or service or promote its use.
Sponsorship Any contribution made by a person or organisation who is not engaged in the production of content or provision of content services, to the financing of the content or content services with a view to promoting their name, trade mark, image, activities or products.
A. Advertising and Sponsorship in ABC Magazines
All advertising and sponsorship in ABC Magazines and their digital versions must comply with the Australian Association of National Advertisers (AANA) Code of Ethics and relevant other AANA documents. The object of this Code is:
...to ensure that advertisements and other forms of marketing communications are legal, decent, honest and truthful and that they have been prepared with a sense of obligation to the consumer and society and a sense of fairness and responsibility to competitors.
Magazine staff should also be aware of any other advertising and sponsorship regulations or standards which may apply in a particular jurisdiction, as relevant.
The ABC also requires that the following overarching principles must be adhered to regarding the selection of advertising and sponsorship for ABC magazines in both their print and digital versions. In addition to the key editorial standards referred to above, the following are the minimum requirements which will enable ABC magazine producers and editors to protect the ABC’s reputation and ensure editorial
independence at all times. Further specific conditions are established under sections A.1 and A.2 of this guidance document.
Advertisements must be legal and not be misleading or deceptive.
Advertisements must not gratuitously offend.
Advertisements should be suitable for the target audience of the program or content.
The ABC must maintain editorial control over all its editorial content.
Entering into advertising or sponsorship arrangements must not affect decisions about editorial content.
The nature of any commercial relationship must be transparent and clear to the audience or reader.
Advertising and sponsorship should not give the impression of ABC endorsement.
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Advertising must be clearly distinguished from editorial content.
The ABC name, logo or trademark should not be used by commercial
advertisers or sponsors except in joint promotions or activities and as approved under the relevant corporate policy on brand and identity and logo use.
No advertising or sponsorship arrangements may be entered into that are likely to adversely affect the independence, impartiality and integrity of the ABC.
No advertising or sponsorship will be entered into that could lead to a perception that the ABC supports any particular political or religious body, organisation or lobby group.
Advertisements or sponsorship must not be accepted in the following categories:
gambling, tobacco products, firearms and fire arm clubs, escort agencies, adult products and pornography.
Advertisements or sponsorship must not be accepted for pay per minute/pay per call services.
Advertisements and sponsorship messages that promote or comment on controversial matters will not be accepted.
Advertising of alcohol or sponsorship by alcohol brands requires close consideration both in terms of adherence to local laws, target audience of the publication, style of the advertisement and cultural sensitivity.
Any advertising by and for governments and government agencies must be handled carefully to ensure the ABC’s impartiality is protected. Advertisements may be accepted if they are non-political and non-partisan in character.
Advertisements and sponsorship messages that promote or comment on matters of political, religious or socially controversial matters will not be accepted.
A.1. Considerations specific to advertising in ABC Magazines and their digital versions
Amount of advertising
The level of advertising for each publication and associated electronic version will be determined in consultation with ABC Commercial, the relevant divisional director and the publisher. Levels will not exceed the industry standard. Contracts for the
publication of licensed magazines and associated electronic versions may include restrictions on the level of advertising.
Independence
The ABC must have full control over the selection of advertising. Editorial must be selected independently of the advertising included in the publication. Advertising must not be accepted where it may influence content. Editorial in exchange for advertising dollars is not permissible.
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Appearance of advertisement
Advertising material must be clearly differentiated from editorial content. Advertorials must be marked as such, or as advertising features.
Placement of advertisements
If an editorial mention is made of an advertiser’s product, the advertisement should be placed a reasonable distance away from the editorial mention to alleviate any perception that the advertising may have influenced editorial content.
Free advertisements
Free advertising cannot be offered where it will raise questions about the ABC’s impartiality or independence. No free advertising will be given to charities or political parties to avoid the perception of bias or preferential treatment.
Charities and Political Parties
Any advertising for charities, foundations and political parties must be handled carefully. Advertising may be acceptable if it does not contain political lobbying and if it does not raise questions about the ABC’s integrity or impartiality.
Approvals
All advertising artwork must be submitted for approval to ABC Magazines department in ABC Commercial.
A.2 Considerations specific to sponsorship in ABC Magazines and their digital versions
This element of this Guidance Note relates to sponsorship through a formal
arrangement for which the sponsor will receive promotion of their name, trade mark, image, activities or products. Sponsorship should be considered separately to third party offers of free and discounted products, services or facilities to support the creation of content that have been legitimately accepted under editorial standard
As a general rule, ABC Magazine staff ensure that advertisements for any product mentioned in editorial content are placed at a reasonable distance from the relevant editorial content, in practice this is usually no less than eight pages. However, this “rule” can become problematic if for example there are a large amount of product mentions in any magazine due to the nature of that particular issue. For example, a
“festival” issue of a music magazine would feature multiple advertisements for festivals which feature performers’ names alongside multiple editorial mentions of performers who are listed in the festival ads. In these instances, ABC Commercial Magazine staff endeavour to place the advertisements at least one page away from the editorial mentions of the bands.
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13.5 and acknowledged, disclosed and or credited as per editorial standard 13.6 and 13.7. For further guidance, see the Guidance Note on Free or discounted products, services or facilities.
Amount of Sponsorship
The level of sponsorship for each publication and associated electronic version will be determined in consultation with ABC Commercial, the relevant divisional director and the publisher. Contracts for the publication of licensed magazines and
associated electronic versions may include restrictions on the level of sponsorship.
Independence
The ABC must have full control over the selection of sponsorships. Editorial must be selected independently of the sponsorship of the publication. Sponsorship must not be accepted where it may influence or be seen to be influencing content. Editorial in exchange for sponsorship dollars is not permissible. ABC Commercial will maintain close consultation with the relevant divisional director in approving sponsorship.
Appearance of sponsorship
Sponsorship credits must be clearly differentiated from editorial content.
Placement of sponsorship
Any editorial mention of sponsor’s product must be editorially justified and located a sufficient distance away from the sponsor’s logo or sponsorship credit. If they had sponsored the whole magazine then it would generally be recommended that no mention is made of them in the editorial content except to provide an explanation of, or credit for, the sponsorship.
Charities and political parties
Any sponsorship offers from charities, political parties or foundations should be carefully considered. Sponsorship may be acceptable if it does not imply support for political lobbying and if it does not raise questions about the ABC’s integrity or impartiality.
Approvals
All sponsorship artwork must be submitted for approval to ABC Magazines
department in ABC Commercial. ABC Magazines will have regard to the fact that the use of ABC names, logos or trademarks in any sponsorship message must be approved by an appropriately senior person in line with the appropriate ABC Brand and Identity Policy (internal link for staff).
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A.3 Consultations between ABC Commercial and the relevant output division Where ABC Commercial’s titles have an association through brand or content with a particular output division, ABC Commercial will consult the nominated divisional representative if particular advertising content is considered to be contentious or controversial.
It is expected that ABC Commercial and the appropriate divisional representative will work together collaboratively and collegiately. However, it is recognised that from time to time disagreements may arise regarding advertising and sponsorship. In instances where ABC Commercial’s Magazine wish to pursue a particular
arrangement and have not been able to reach agreement with the content division to do so, they may refer the matter to the Director of Commercial, with reasons
supporting their position. This submission will clearly set out Magazine’s rationale for pursuing a particular arrangement. It may have regard to the publisher’s and advertiser’s viewpoints where relevant. The submission should clearly set out the relevant production deadlines to ensure that decisions can be made in a timely manner. Director Commercial may then refer the matter to the appropriate divisional director or their nominated contact for negotiation. Should the divisional directors fail to reach an agreement, they may then refer the matter to the Managing Director of the ABC for his or her adjudication.
ABC Magazine staff ensure that any offers of sponsorship are given careful consideration, in terms of the type of product or company offering the sponsorship and its relevance to the publication or reader.
For example if a car company wished to sponsor an issue of ABC delicious magazine, this would be considered appropriate because the magazine is a premium title and often carries advertising for cars or other similar products. In this instance, ABC Commercial Magazine staff would ensure that no editorial mention was made of the sponsor’s product except to provide an explanation of, or credit for, the
sponsorship for the purpose of transparency. Any mention would not be repeated or prominent and would not imply any endorsement.
Where the sponsor’s logo appeared it would go through the third party logo approval process as per the ABC Brand and Identity Policy.
In the case where a sponsor had offered sponsorship for an article or content, the same type of consideration would be given to the type of product or company. Editorial mentions might appear if they were editorially justified and located a sufficient distance away from the sponsor’s logo, credit or content, again no less than eight pages would usually be recommended.
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B. Syndicated content on third party digital media services
Syndication is where ABC material is made available by ABC Commercial to a third party for a fee under a licensing agreement for inclusion in their broadcast service, website or other publication.
Advertising is permitted around such syndicated ABC content on third party media services with some restrictions. These general restrictions, which are set out below, will be encapsulated in the standard license agreement terms and conditions. The standard license agreements will be approved by ABC Legal, ABC Commercial’s Business Services unit and the relevant division. Any alteration to the standard restrictions as set out below in the terms and conditions of an agreement must be negotiated between ABC Legal, ABC Commercial’s Business Services unit and the relevant division. Any proposal to depart from the prohibitions set out below must be referred to the Managing Director of the ABC for approval.
B.1 Types of advertising Placement of advertisements
Commercial advertising may appear on pages, screens and so on containing ABC content but must be clearly distinguished from ABC content.
The Licensee cannot implement any search tagging around ABC content.
Search tagging would enable the licensee to schedule advertisements related to the ABC content.
The licensee must not place mid-roll advertising within News programs or preschool programs.
The licensee must not insert advertising point breaks within news and current affairs or pre-school programs in order to run advertising.
The Licensee may include pre-roll or post-roll advertising prior to or after broadcast of ABC Content.
The Licensee must not display any advertising or sponsorship announcement around ABC content that implies that the ABC content is sponsored or presented by an advertiser or sponsor or that the ABC endorses an advertiser or sponsor.
Type of advertisements
Advertisements scheduled by the licensee around ABC content must not gratuitously offend.
Advertisements should be suitable for the target audience of the program or content.
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The Licensee may not schedule advertisements or sponsorship around ABC content in the following categories: gambling, tobacco products, firearms and fire arm clubs, escort agencies, adult products, pornography.
Advertising of alcohol requires close consideration both in terms of adherence to local laws and cultural sensitivity.
B.2 Logos
Any service branding or advertising on a site must be clearly separated from ABC names, logos and trademarks. The use of ABC names, logos or trademarks in commercial advertising and promotion by licensees must be approved by an appropriately senior person in line with the appropriate ABC’s Brand and Identity Policy (internal link for staff).
B.3 Disagreement between divisions
A range of issues determine whether a syndication deal is considered by the relevant output division to be appropriate or not. Should the circumstance arise that the output division disagrees to a particular agreement proposed by ABC Commercial, they will set out their reasons in writing to the nominated contact point in ABC Commercial.
Should ABC Commercial disagree with the rationale put forward by the output division and wish to pursue the deal, they will refer the matter to the Director of Commercial who will then take the matter up with the output division director. If the directors are unable to reach an agreement, they may refer the matter to the Managing Director for his or her final decision.
Status of Guidance Note
This Guidance Note, authorised by the Managing Director, is provided to assist interpretation of the Editorial Policies to which the guidance notes relates. The Editorial Policies contain the standards enforceable under the ABC’s internal management processes and under the ABC’s complaints-handling procedures.
It is expected that the advice contained in guidance notes will normally be followed.
In a given situation there may be good reasons to depart from the advice. This is permissible so long as the standards of the Editorial Policies are met. In such situations, the matter should ordinarily be referred upwards. Any mandatory referrals specified in guidance notes must be complied with.
