The Legality of Product Placement

On December 14th, 2005, the European Union proposed rules that would allow product placement during television shows in the U.K. for the first time. This article, originally published in the "Telegraph", discusses a directive called "Television without Frontiers", which would allow for product placement, micro-breaks (shorter than 30 seconds), and would eliminate a minimum for length between commercials. Children's and public programming would still be protected. Viviane Reding, the EU information society and media commissioner, said that these new regulations would allow for a "level playing field", and asked, "why should they not have the right to this additional source of income, which is absolutely necessary if we want to safeguard a strong audio-visual sector in Europe?"

One condition of this proposal is that television shows with product placement put a warning before each show in which product placement occurs. This warning would also be placed before American shows such as 24, which features a high amount of product placement. This warning is a good idea initially, but it degrades audiences and allows them to continue passive viewing. Advertisements today require a more active audience, and an audience that can discern between advertising and entertainment. Allowing audiences to remain passive by treating them like children is not the way to promote media literacy and a new, active, audience.

A contrasting part of this proposal would allow mini-breaks and split screens during athletic events, essentially allowing networks to show advertisements during the entire game. Mini-breaks allow networks to play short commercials when the ball goes out of bounds, and split screen rules let advertisements play while the game is shown on the other half of the screen. This is not product placement, but invasive advertising. Product placement is subtle; it is an art. Invasive advertising crowds in on a viewer's enjoyment instead of showing them the product or service in use.

The EU's new proposals are contradictatory. They limit audience participation by warning them about product placement exposure but slather on the advertisements. The EU proposal only targets a passive audience, while media should be trying to involve and create an active audience.