Clearcast

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Clearcast is a non-governmental organisation which pre-approves most British television advertising.[1][2] It came into being on 1 January 2008 and took over the responsibilities of the Broadcast Advertising Clearance Centre. Clearcast is now owned by six UK commercial broadcasters: ITV, ITV Breakfast, Channel 4, Channel Five, British Sky Broadcasting and Turner.

Clearcast approval is applied both to scripts and to the final commercials. Clearcast has to check that commercials comply with the Broadcast Committee of Advertising Practice (BCAP) code (rules) that applies to television advertising. These include both good taste and decency criteria, and also a variety of technical and even medical constraints (advertisements may not, for example, contain flashing which would set off attacks of photosensitive epilepsy).[3]

The Managing Director of Clearcast is Chris Mundy. The current Chairman is Mark White.

The copy clearance process[edit]

Advertising agencies submit pre-production scripts to Clearcast before any significant expense is incurred in the production of a TV commercial.[4] The process of script submissions is to reduce the risk of agencies spending a significant outlay on a TV commercial which is later rejected because it is unacceptable. Once submitted, the agency's allocated copy group executive will give initial comments on the script, detailing broadcast timing restrictions, advice on appropriate use of specific shots or imagery and requesting substantiation. Substantiation must be submitted where a claim is made in a broadcast commercial. An agency will then either adapt the script (because it does not comply with broadcast standards or contains a claim which cannot be corroborated) and submit relevant substantiation documents to the Clearcast executive.

A process of second-reading then takes place, whereby the executive may request further information or approve the script.

Once a script submission is accepted, an agency will produce a final (or 'clocked') TV commercial, which also needs to be submitted for approval to Clearcast. The agency must then submit the 'clocked' ad digitally via FTP using the digital copy clearance system.

Once received and ingested into the Clearcast system, the ad is first checked for 'supers', a process which measures the height (in television lines) of required legal text ('the small print') to ensure it complies. The legal text height is 16 TV lines, measured on a flat-topped, lower case letter; anything less than this will be rejected. Legal text is also timed to ensure it is legible to the viewer.

Some ads fail at this point, and the agency is forced to modify the legal text in order to ensure it complies in terms of line height and duration on screen. After this stage, the ad is subjected to a Harding test (also known as a flash test), which ensures it will not cause sufferers of photosensitive epilepsy to have seizures.[5]

Subsequently, the commercial is screened by a traffic assistant, who checks the ad and guarantees that the accompanying post-production script and relevant consignment details are comprehensive, valid and correct. Consignment details include relevant music, artists' names and voice-over names.

Once this process is complete, the ad is allocated to the relevant copy group executive, where it is viewed and placed 'on the reel' for the following day's morning meeting. The term 'on the reel' relates to a viewing which takes place every morning at 10 am, in which a group of executives view each commercial and pass comments on whether it complies with the BCAP code (the Broadcast Committee of Advertising Practice). Most ads comply (because they are produced as per the initial script), but this viewing serves as a way of spotting otherwise unforeseen problems, such as music which is not permitted or a style of editing which does not show the product in an accurate light. It is at this point that any relevant restrictions (for instance on timing) are applied to the commercial.

After the morning meeting (which usually ends at 11:30 am), the copy group return to their desks and pass on feedback to the agencies involved and approve compliant commercials.

The same process also applies to video-on-demand (VoD) commercials that are destined for services provided by Clearcast's shareholders, as well as Virgin Media.[6]

Other activities[edit]

Clearcast also have several other responsibilities on behalf of commercial TV broadcasters:

Working with IMD, they manage the Attribution service which links advertiser, agency and product category metadata with Broadcasters' Audience Research Board (BARB) data on brands advertised on TV.

They also commission the CARIA service from IMD Optimad, part of Group IMD.[7] CARIA is a system developed by Group IMD on which airtime bookings are confirmed to Sales Houses by advertising agencies and on which copy to be used for each booking is specified - it is widely used across UK & Ireland. The commission to work on both CARIA & the Attribution service was extended by 6 years back in 2010 [8]

In 2010, Clearcast also launched an online flash test in partnership with Cambridge Research Systems who develop the Hardings flash testing technology.

In 2012, Clearcast launched three new services under the Clearcast Plus banner: Copy Development, TV Admin and Editing.[9]

Legal status for judicial review[edit]

Clearcast is a privately owned company. A case brought to the High Court by Diomed Direct sought to show that Clearcast’s decisions were public functions subject to judicial review.

The court ruled in April 2016 that Clearcast does not exercise functions of a public nature. Broadcasters make private arrangements through Clearcast to secure public law objectives (compliance with the BCAP Code) but this isn’t sufficient. Clearcast assists with the broadcasters’ functions: if a broadcaster decided not to approve an advertisement because of a risk of an adverse finding by Ofcom, that decision would not be amenable to judicial review.[10]

Incidents[edit]

Denial of Greenpeace video submitted by Iceland Foods Ltd (2018)[edit]

In 2018, Greenpeace released an animated short starring a fictional orangutan named Rang-tan ahead of the World Orangutan Day (which took place on 19 August).[11] The short was produced to raise awareness of environmental impact of the production of palm oil, and dangers the orangutans face as a result.[11]

In November 2018, Iceland Foods Ltd submitted a version of the Rang-tan video (which they were to use as their television advertisement for the Christmas season that year) to Clearcast.[12] Earlier in 2018, Iceland Foods has announced that it would remove palm oil from the company's own products by the end of the year,[13][14][12] and the company's use of the Greenpeace short was an extension to the earlier effort.[12] The version, as submitted by the supermarket chain, did not contain any reference to Greenpeace.[12] However, Clearcast, highlighting where the video came from, denied the retailer's submission of the animated advertisement.[15][12]

Clearcast's reasoning for denial was that, as Greenpeace is both an environmental organisation and a lobbying group, Greenpeace should provide enough information to Clearcast to prove that they are not a political advertiser. However, as Greenpeace did not supply such information to Clearcast as of November 2018, Clearcast could not determine whether Greenpeace is a political advertiser or not, and the Rang-tan video was denied.[15][12][16][17][18][19][20]

Despite the subsequent criticism and online petitions, Clearcast have defended their decision.[16][17][18][19][20]

See also[edit]

Notes[edit]

  1. ^ "Archived copy". Archived from the original on 8 October 2011. Retrieved 26 September 2011.
  2. ^ http://www.jms-group.com/2011/08/09/clearcast-%E2%80%93-why-do-we-have-to-go-through-it/
  3. ^ "Archived copy". Archived from the original on 13 October 2011. Retrieved 26 September 2011.
  4. ^ "Seller Beware Blog: A Guest Post: UK's Clearcast Clears the Air(waves)". www.consumeradvertisinglawblog.com.
  5. ^ http://www.jms-group.com/2011/09/17/photosensitive-epilepsy-and-television-advertising-or-the-reason-we-can%E2%80%99t-%E2%80%98flash%E2%80%99-graphics-in-ads/
  6. ^ "Archived copy". Archived from the original on 2 October 2009. Retrieved 26 September 2011.
  7. ^ "404. Page Not Found - Bloomberg". Bloomberg.com.
  8. ^ http://www.thebusinessdesk.com/westmidlands/-imd-and-clearcast-sign-new-six-year-agreement.html
  9. ^ "Campaign Promotion: How to speed up TV clearance". brandrepublic.com.
  10. ^ "Clearcast TV pre-clearance decisions not subject to judicial review: Diomed Direct Ltd v Clearcast Ltd - Swan Turton Solicitors". Swan Turton Solicitors. 2016-05-19. Retrieved 2016-05-24.
  11. ^ a b "World Orangutan Day: Numbers in decline despite Indonesian government's claims" (Press release). Greenpeace International. 17 August 2018. Retrieved 14 November 2018.
  12. ^ a b c d e f Gwynn, Simon (November 9, 2018). "Clearcast halted Iceland's plans to reuse Greenpeace 'Rang-tan' film". PRWeek. Haymarket Media Group. Retrieved 14 November 2018.
  13. ^ "ICELAND TO BE THE UK'S FIRST MAJOR SUPERMARKET TO REMOVE PALM OIL FROM OWN LABEL FOOD" (PDF) (Press release). Iceland Foods Ltd. 10 April 2018. Retrieved 14 November 2018.
  14. ^ Smithers, Rebecca (10 April 2018). "Iceland to be first UK supermarket to cut palm oil from own-brand products". The Guardian. Guardian News and Media. Retrieved 20 November 2018.
  15. ^ a b "Iceland advert" (Press release). Clearcast. 9 November 2018. Retrieved 14 November 2018.
  16. ^ a b Rushe, Elizabeth (November 12, 2018). "Why This Viral Christmas Ad Wasn't Approved For TV". Forbes. Forbes Media. Retrieved 14 November 2018.
  17. ^ a b Mundy, Chris (12 November 2018). "Clearcast's MD responds to coverage of decision not to clear the Iceland ad" (Press release). Clearcast. Retrieved 14 November 2018.
  18. ^ a b McCarthy, John (12 November 2018). "Clearcast clarifies Iceland palm oil Christmas TV ad ban 'misunderstanding'". The Drum. Carnyx Group. Retrieved 14 November 2018.
  19. ^ a b "Iceland Christmas ad: Petition to show it on TV hits 670k". Newsbeat. BBC. 13 November 2018. Retrieved 14 November 2018.
  20. ^ a b "Our response to the Iceland ad petition" (Press release). Clearcast. 13 November 2018. Retrieved 14 November 2018.

External links[edit]