Editing Product placement (section)

==Legal considerations==

===United States===
Much of U.S. [[broadcast law]] pertaining to on-air product promotion dates to the [[payola]] scandals of 1950s broadcast radio. An investigation launched in November 1959 into allegations that some radio disc jockeys had accepted [[bribe]]s in return for radio airplay<ref>{{Cite web |url=http://www.redorbit.com/news/technology/243496/payola_scandal_again_rocking_roiling_radio_fcc_scrutiny_recalls_59/index.html |title=Payola Scandal Again Rocking, Roiling Radio: FCC Scrutiny Recalls '59 Charges |date=September 19, 2005 |website=redorbit.com |archive-url=https://web.archive.org/web/20110917095931/http://www.redorbit.com/news/technology/243496/payola_scandal_again_rocking_roiling_radio_fcc_scrutiny_recalls_59/index.html |archive-date=September 17, 2011 |url-status=dead |access-date=November 7, 2018 |df=mdy-all }}</ref> ended with a US$2,500 fine for disc jockey [[Alan Freed]] (of [[WABC (AM)|WABC]] and [[WINS (AM)|WINS]]) for violating [[commercial bribery]] laws. On September 13, 1960, the U.S. government banned payola in broadcasting. Under {{UnitedStatesCode|47|317}} "All matter broadcast by any radio station for which money, service, or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such person..." with similar and related provisions reflected in [[Federal Communications Commission]] regulations as {{CodeFedReg|47|73|1212}}.<ref>{{cite web|url=http://cfr.vlex.com/vid/73-1212-sponsorship-identification-retention-19852479|title=CFR TITLE 47 PART 73.1212 - Sponsorship identification|work=vLex|access-date=March 1, 2009|archive-url=https://web.archive.org/web/20090304203009/http://cfr.vlex.com/vid/73-1212-sponsorship-identification-retention-19852479|archive-date=March 4, 2009|url-status=dead|df=mdy-all}}</ref>

These provisions have governed subsequent payola investigations, including a 2005 investigation into [[Sony BMG]] and other major record companies.<ref>{{Cite web |url=http://www.indyweek.com/indyweek/smash-hits/Content?oid=1195395 |title=Smash hits Will the latest payola scandal shake up the radio and music industries? |last=Morgan |first=Fiona |date=August 10, 2005 |website=indyweek.com |access-date=November 7, 2018 |archive-url=https://web.archive.org/web/20171019234039/https://www.indyweek.com/indyweek/smash-hits/Content?oid=1195395 |archive-date=October 19, 2017 |url-status=live |df=mdy-all }}</ref>

Often, a broadcaster claimed to have complied by placing an acknowledgement in an inconspicuous place, such as embedded within the credits.<ref>{{Cite web |url=https://www.washingtonpost.com/wp-dyn/content/article/2005/05/24/AR2005052401294.html |title=FCC Panelist Wants Probe Of Product 'Payola' |last=Kurtz |first=Howard |date=May 25, 2005 |website=washingtonpost.com |access-date=November 7, 2018 |archive-url=https://web.archive.org/web/20180430134822/http://www.washingtonpost.com/wp-dyn/content/article/2005/05/24/AR2005052401294.html |archive-date=April 30, 2018 |url-status=live |df=mdy-all }}</ref> In 2005 [[U.S. Federal Communications Commission]] commissioner Jonathan Adelstein stated "if broadcasters and [[cable TV]] companies insist on further commercializing new and other shows alike, that is their business. But if they do so without disclosing it to the viewing public, that is payola, and that is the FCC's business."<ref>[http://www.allbusiness.com/government/government-bodies-offices/6321149-1.html FCC's Adelstein: Probe 'Payola'], Ted Hearn, Multichannel News, May 30, 2005</ref>

===United Kingdom===
[[File:PP - Product Placement UK logo.svg|thumb|120px|The 'PP' icon, introduced by [[Ofcom]] to identify programs on television which contain product placement.]]

In the [[United Kingdom]], placement by commercial broadcasters was forbidden prior to 2011. On February 28, 2011, telecommunications regulator [[Ofcom]] legalised placements in certain types of programming. A placement must be "editorially justified" and not place "undue prominence" on the product. Product placements are not allowed for products that cannot legally be advertised on television, including alcohol, baby milk, gambling, medication, or [[junk food]]. Placements are not allowed during children's, news, public affairs and religious programmes. Additionally, broadcasters must disclose placements on-air by displaying a "PP" icon for at least three seconds at the beginning of the programme, after each commercial break, and at the end of the programme. The first legal product placement on British television came during an episode of ''[[This Morning (TV programme)|This Morning]]'', for a [[Nestlé]]-produced [[coffee maker]]. As with all other forms of commercial advertising, the [[BBC]] is barred from furnishing product placements in its programming.<ref name="guardian-ppofcom">{{cite news|title=Ofcom confirms product placement on UK TV|url=https://www.theguardian.com/media/2010/dec/20/ofcom-product-placement-uk-tv|newspaper=The Guardian|access-date=August 25, 2013 |archive-url=https://web.archive.org/web/20140910195419/http://www.theguardian.com/media/2010/dec/20/ofcom-product-placement-uk-tv |archive-date=September 10, 2014 |url-status=live |df=mdy-all |date=2010-12-20 |last=Robinson |first=James }}</ref><ref name="bbc-productplacement">{{cite news |title=Product placement ban on British TV lifted |url=https://www.bbc.co.uk/news/uk-12593061 |work=BBC News |access-date=August 25, 2013 |date=February 28, 2011 |archive-url=https://web.archive.org/web/20110520030133/http://www.bbc.co.uk/news/uk-12593061 |archive-date=May 20, 2011 |url-status=live |df=mdy-all }}</ref> One notable example was the 1970 song "[[Lola (song)|Lola]]" by [[The Kinks]], which originally referred to "[[Coca-Cola]]" but was quickly changed to the generic "cherry cola" in order to be played on BBC radio.<ref>{{cite news |url=http://www.nzherald.co.nz/radio-industry/news/article.cfm?c_id=295&objectid=10483279&ref=rss |title=Banning songs not a rare occurrence for the BBC |date=19 December 2007 |work=[[The New Zealand Herald]] |access-date=15 October 2011}}</ref><ref>{{cite web|last1=Giles|first1=Jeff|title=45 Years Ago: Ray Davies Flies Across the Atlantic&nbsp;– Twice!&nbsp;– to Re-Record Two Words in 'Lola'|url=http://ultimateclassicrock.com/kinks-lola-lyric-changes/|website=Ultimate Classic Rock|date=3 June 2015 |access-date=6 June 2015}}</ref>