Advertising of less healthy food and drink
Obesity is one of the greatest long-term health challenges this country faces. Around two-thirds (63%) of adults are above a healthy weight and of these, half are living with obesity. The latest NCMP data from 2020/21 showed that around 40% of children leaving primary school in England were living with overweight or obesity, with 1 in 4 living with obesity 10 . Obesity is associated with reduced life expectancy and is a risk factor for a range of chronic diseases, including cardiovascular disease, type 2 diabetes, cancer and respiratory disease. It can also impact mental health.
	In July 2020, the Government published its obesity strategy, Tackling obesity: empowering adults and children to live healthier lives. This was in response to emerging evidence that people who are overweight or living with obesity are at greater risk of long-term health conditions and being seriously ill and dying from COVID-19.
	The intention of this Act is to reduce children’s exposure to the advertising of less healthy food and drink products on TV and online. This Act introduces a 9pm watershed for less healthy food or drink advertising on TV and a prohibition of paid-for less healthy food or drink advertising online, simultaneously, from 1 January 2023. The Secretary of State has the power to delay the implementation date for the restrictions, should this be deemed necessary. All On Demand Programme Services (ODPS) under the jurisdiction of the UK, and therefore regulated by OFCOM, are included in the TV watershed. Other ODPS will be subject to the online prohibition because they are not defined in the Communications Act 2003, so are considered as "internet services".
	This Act amends the Communications Act 2003 11 to enable OFCOM to introduce restrictions prohibiting advertising of less healthy food or drink between the hours of 5.30 a.m. and 9 p.m. on broadcast TV, and on ODPS12 that are subject to Part 4A of the Communications Act 2003. This Act also introduces a prohibition of paid-for high fat, sugar and salt (HFSS) advertising online by inserting a new section into the Communications Act 2003 after Part 4B.
	TV Broadcasters and ODPS defined in the Communications Act 2003 will be liable for breaches of the TV watershed. Advertisers will be liable for breaches of the paid-for online prohibition. For ODPS not subject to UK regulation, the advertiser will be liable for breaches of the paid-for online prohibition on these platforms.
	OFCOM will be appointed as the appropriate regulatory authority. OFCOM will receive ￼￼, design statutory guidance and request information to help draft the guidance. The frontline regulator will use informal powers (e.g. reputational sanction, such as naming and shaming) and takedown requests in the first instance. For serious breaches or where these sanctions have had no effect, the frontline regulator can refer the relevant liable party to the backstop regulator (OFCOM)￼, design statutory guidance and request information to help draft the guidance. The frontline regulator will use informal powers (e.g. reputational sanction, such as naming and shaming) and takedown requests in the first instance. For serious breaches or where these sanctions have had no effect, the frontline regulator can refer the relevant liable party to the backstop regulator (OFCOM) to appoint a day-to-day regulator to carry out frontline regulation, design statutory guidance and request information to help draft the guidance. The frontline regulator will use informal powers (e.g. reputational sanction, such as naming and shaming) and takedown requests in the first instance. For serious breaches or where these sanctions have had no effect, the frontline regulator can refer the relevant liable party to the backstop regulator (OFCOM).
	The responsibility for monitoring and regulating broadcast advertising is co-regulated by the Advertising Standards Authority (ASA) and OFCOM. The content and standards for broadcast advertising on TV and ODPS are set out in the Communications Act 2003.
	Prior to this Act, advertising on the internet was not subject to statutory regulation.