Correction to: Journal of Public Health

https://doi.org/10.1007/s10389-024-02198-y

In our article A content analysis of alcohol imagery in season 2 of The Kardashians [1] we incorrectly stated that Disney+ is regulated by the Ofcom Broadcasting code in our introduction and discussion, and that, as such, paid-for alcohol product placement is prohibited. As Disney+ is an on-demand service, this is instead regulated by Ofcom On Demand Programme Service Rules and Guidance [2] which permits product placement of alcohol products under certain conditions. We apologise for this oversight and wish to examine our results in light of the correct regulation.

Under Rule 14: Prohibition of Product Placement and Exemptions (paragraph 2.75) of Ofcom’s On Demand Programme Service Rules and Guidance, it states that product placement of alcoholic drinks must not:

  1. (a)

    be aimed specifically at persons under the age of eighteen; or

  2. (b)

    encourage immoderate consumption of such drinks,

Further conditions under which product placement is allowed, Condition D (2.79), states that Alcohol product placement is permitted as long as ‘The programme does not give undue prominence to the products, services or trade marks concerned.’. We would argue that the programme does give undue prominence to the 818 tequila brand as shown in Fig. 1 in our paper [1].

However, the regulations also cover statutory definitions of ‘product placement’ & ‘prop placement’ which state that:

“Product placement”, in relation to a programme included in an on-demand programme service, means the inclusion in the programme of, or of a reference to, a product, service or trade mark, where the inclusion—

  1. a)

    is for a commercial purpose,

  2. b)

    is in return for the making of any payment, or the giving of other valuable consideration, to any relevant provider or any connected person, and

  3. c)

    is not prop placement.

“Prop placement”, in relation to a programme included in an on-demand programme service, means the inclusion in the programme of, or of a reference to, a product, service or trade mark where:

  1. a)

    the provision of the product, service or trade mark has no significant value; and

  2. b)

    no relevant provider, or person connected with a relevant provider, has received any payment or other valuable consideration in relation to its inclusion in, or the reference to it in, the programme, disregarding the costs saved by including the product, service or trademark, or a reference to it, in the programme.

We acknowledge that we cannot know for certain whether these products were provided at cost, and therefore we cannot say whether the inclusion of the 818 tequila brand in the Kardashians fits the Ofcom criteria for product placement or prop placement. Nevertheless, we have presented our findings to Ofcom, to highlight a unique example of alcohol branding receiving undue prominence in a programme, to allow them to investigate.

In addition, Rule 12 requires that service providers must take appropriate measures to ensure that any specially restricted material is made available by the service in a manner which secures that persons under the age of 18 will not normally see or hear it. In this context, ‘specially restricted material’ means R18-classified material, R18-equivalent material or other material that might impair the physical, mental or moral development of persons under the age of 18, depictions of dangerous behaviour, such as the misuse of alcohol, is specifically mentioned in these guidelines [3]. ‘The Kardashians’ is currently rated as 16+ in the UK. We have therefore raised this issue with Disney+ and Ofcom appropriately.

The original article has been corrected.

1. Barker, A.B., C. Scott, and E. Sharpe, A content analysis of alcohol imagery in season 2 of The Kardashians. Journal of Public Health, 2024.

2. Ofcom. Statutory Rules and Non-Binding Guidance for Providers of On-Demand Programme Services (ODPS). 2021 11/03/2024]; Available from: https://www.ofcom.org.uk/__data/assets/pdf_file/0029/229358/ODPS-Rules-and-Guidance.pdf.

3. Ofcom. On Demand Programme Services (ODPS) Guidance. 2021 13/03/2024]; Available from: https://www.ofcom.org.uk/__data/assets/pdf_file/0030/229359/ODPS-harmful-material-guidance.pdf.