Cap. 350 ст. 16MThe inclusion of product placement.

(1) This article shall apply only to programmes produced after 19 December 2009.

(2) Commercial product placement shall be allowed in all audiovisual media services, except in news and current affairs programmes, in consumer affairs programmes, in religious programmes and services and in children's programmes.

(3) Programmes that contain product placement shall meet the following requirements:

(a) their content and organisation within a schedule, in the case of television broadcasting, or within a catalogue in the case of on-demand audiovisual media services, shall under no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the media service provider;

(b) they shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services;

(c) they shall not include undue thematic placement of commercial products;

(d) they shall not give undue prominence to the product in question;

(e) viewers shall be clearly informed of the existence of product placement by an appropriate identification at the start and at the end of the programme and when a programme resumes after an advertising break, in order to avoid any confusion on the part of the viewer.

(4) In any event, programmes shall not contain product placement of:

(a) cigarettes and other tobacco products, as well as electronic cigarettes and refill containers, or product placement from undertakings whose principal activity is the manufacture or sale of those products;

(b) specific medicinal products or medical treatments available only on prescription;

(c) tattoo drawing as defined in the Control of Tattooing Act, which is broadcast between 6.00 a.m. and 9.00

p.m.;

(d) alcoholic drinks of more than 1.2% alcohol which are broadcast between 6.00 a.m. and 9.00 p.m.;

(e) gambling products which are broadcast between 6.00 a.m. and 7.00 p.m., infant formula and weapons and munitions:

Provided that notwithstanding the above, gambling products which are strictly related to a sporting event may be advertised on such programme throughout the duration of such event, subject to such restrictions and conditions as the Authority and, or the Malta Gaming Authority may impose thereon: Provided further that notwithstanding the first proviso hereof, if the Authority deems that, in the interest of public health and, or for the protection of minors and, or vulnerable persons as provided for in the Gaming Definitions Regulations, the advertising envisaged in the first proviso hereof shall not occur, it may restrict and, or prohibit such advertising as it deems fit in its sole discretion.