FOX Corporation (“FOX”) sells commercial announcement time for the advertising of goods andservices and for institutional, political or other appropriate advertising. As purveyors of First Amendment activities and defenders of the U.S. Constitution, FOX respects editorial independence; however, as we are ultimately responsible for what airs on our platforms, FOX maintains control over it. FOX sells its advertising time on a neutral, non-discriminatory basis, but,except where required by law, reserves its right to decline or restrict advertisements that do not meet its standards, are contrary to the expectations of its audience or disparage our company, people or partners, or members of our audience.
Advertising is an important element of the information presented to audiences. Advertising must be truthful, appropriate and meet all Federal Communications Commission (“FCC”), Federal Trade Commission (“FTC”), and other legal requirements including, without limitation, compliance with applicable accessibility guidelines such as Web Content Accessibility Guidelines (WCAG). Advertisers must warrant that commercials submitted to FOX for review and approval comply withall applicable legal and regulatory requirements.
FOX’s Commercial Clearance personnel consider many factors when evaluating an advertisement, including the demographic of the network, platform, and programming, the intended audience and the content of the advertisement itself. An advertisement may be acceptable for some platforms but restricted or not approved for others. Similarly, certain categories of advertisements may be approved for all programming, but others may be restricted to air only during specific, appropriate programming (e.g., advertisements for hard alcohol, R-rated motion pictures).
FOX reserves the right to determine the scheduling and placement of commercials on its platforms,and within both programming and commercial breaks during and adjacent to programs carried over its facilities. FOX also reserves the right to withdraw or modify the approval of an advertisement atany time.
FOX does not entertain competitor challenges. Advertisers that object to claims being made in a competitor’s advertisement should seek resolution from an acceptable third party such as a relevant court, the Federal Trade Commission (“FTC”) or the National Advertising Division of the Better Business Bureau (“NAD”). FOX will abide by decisions rendered by such third parties when FOX Corporation is notified of such decisions and the outcome is verified.
FOX Commercial Clearance personnel maintain all information and materials submitted by an advertiser or its authorized representative as strictly confidential.
The rights and obligations of FOX and the advertiser are reflected in the agreement governing the purchase of time for the airing of commercial announcements.
These guidelines are neither all-inclusive nor exhaustive. Moreover, we recognize that these guidelines will change over time as media and societal standards continue to evolve. Therefore, the guidelines are not intended as a substitute for continuing dialogue with FOX Commercial Clearance personnel, and FOX cannot be responsible for production decisions made or other actions taken in reliance solely on the content of these guidelines. The acceptability of an advertisement always depends on evaluation of the advertisement itself.
If you have any questions or concerns regarding any specific guideline or submission, please contact the appropriate executive in FOX Commercial Clearance.
Advertisements may not use advisories such as “Warning! The following contains…,” “We interrupt this program/commercial to bring you…,” “Viewer discretion advised…,” etc.
General
Advertising for alcoholic beverages will be scheduled to appear only during appropriate programming.
Alcoholic beverage advertising should not encourage excessive consumption, unsafe behavior, or the use of the product by those under the legal drinking age. Alcohol should not be depicted as essential to social success or acceptance (e.g., gaining popularity) or imply that refusal to imbibe is a sign of weakness.
Advertisements may not depict the consumption of alcoholic beverages within the advertisement itself.
Beer/Wine/Malt Beverage Advertising
Advertising for Beer/Wine/Malt Beverages (no more than 24% alcohol by volume) is generally acceptable in programming targeted to adult audiences. However, it will not be approved to air in programs designated as Youth Appeal, Family Appeal, or Youth/High School Athletics. Advertising may also be subject to additional scheduling restrictions at the discretion of Commercial Clearance.
The advertisements must include the following:
• Legible disclosure of the corporate name, city and state of the brewer, producer, packer, wholesaler or importer.
• Responsibility messaging.
• For Malt Beverages only, a legal disclaimer that the product is a malt beverage.
• For Malt Beverages only, FOX may require, on a case-by-case basis, a visual legal disclaimer that identifies the percentage of alcohol by volume.
Hard Liquor
Advertising for hard liquor will not be approved to air in programs designated as Youth Appeal, Family Appeal, Youth/High School Athletics, and certain College Sports.
The advertisements must include the following:
• Legible disclosure of the corporate name, city and state of the distiller, producer, packer, wholesaler or importer.
• Responsibility messaging.
• Percentage of alcohol by volume.
The use of animals in commercials should conform with accepted standards of humane treatment. A recognized humane organization should be present during the production of the advertisementand a letter from that organization may be required to verify appropriate animal treatment.
Bars and tones (or similar visuals and sounds) may not be utilized in any portion of an advertisement that will be visible and/or audible to the audience.
A billboard is an identification of sponsorship, not an advertisement. Therefore, a billboard mayonly identify the sponsoring advertiser. A line of factual information regarding the product,o rganization or service; a web address; or a simple slogan or catchphrase may be approved on acase-by-case basis. FOX does not accept billboards that include “sell” copy, imperatives, or any other advertising devices soliciting the viewer. FOX does not accept 3rd party pass-throughs inbillboards.
All advertisements in the following categories must comply with all applicable laws, rules andregulations and contain all necessary disclosures.
Casinos and Gambling
Fox will consider airing advertisements for casinos or gambling on appropriate platforms. The ads must be scheduled in programming intended for adults and are not to be scheduled:
• During programming intended for children;
• During high school or children’s athletic events; or
• During ACC collegiate events.
Fox will not air advertisements for offshore gambling entities, including websites that contain banner advertisements or links to such entities.
Casino Resorts
Fox will consider advertisements for casino resorts to air on all platforms if they emphasizere creation, accommodations, and/or the facility’s other non-gambling amenities. The ads may not feature any of the following:
• Casino Sportsbooks;
• Actual game play, chips, currency or other depictions of gambling;
• Winning sounds and visuals such as clinking coins from a slot payoff, 7-7-7 from slot wheels, 21 on cards from Blackjack, etc.; or
• Gambling as a way to earn or make easy money.
Sportsbooks
Fox will consider advertisements for licensed sportsbook operators on appropriate platforms after assessing the type of betting activity that occurs on the sportsbook platform and the disclosures included in such advertisements. If accepted, advertisements for licensed sportsbook operators will be subject to scheduling restrictions.
Horse Racing
Fox will consider advertisements for horse race betting operators on appropriate platforms after assessing the betting activity permitted and the disclosures included in such advertisements. If accepted, advertisements for horse race betting operators will be subject to scheduling restrictions.
Fantasy Sports
Fox will consider advertisements for Fantasy Sports on appropriate platforms after assessing the nature of the fantasy platform and the disclosures included in such advertisements. If accepted, advertisements for Fantasy Sports operators will be subject to scheduling restrictions.
FOX will accept commercial spots for charitable organizations on a case-by-case basis. The solicitation of funds, whether direct or indirect, will also be considered on a case-by-case basis. If approved, clear sponsorship identification is required.
FOX generally does not accept advertisements that solicit viewers to participate in litigation.
Advertisements notifying class members of a court decision or settlement may be acceptable on a case-by-case basis. If approved, such advertisements must have proper sponsor identification.
FOX will consider competitive network advertising on a case-by-case basis provided the content does not identify specific days, dates or times of the advertised program or series. Advertisements for free ad-supported streaming services and other services (including SVOD) that contain the word “free” are not permitted.
FOX requires that advertisements for competitive programming (other than news and sports programs) include an accurate episode or series V-Chip rating.
Advertising for condoms and contraceptives will be considered on a case-by-case basis and maybe subject to scheduling restrictions. Advertisements should not be sexually explicit and should avoid graphic audio and video depictions, descriptions and language.
Generally, FOX does not accept ads that use content editing techniques, including, but not limitedto audio drop-outs, black bars, bleeps, blurring, color bars and tone, digitization, fast-forwarding,visual static, test patterns, and time code bars.
All advertisements or other copy for advertiser-supported contests or sweepstakes must comply with all applicable Federal Communications Commission (“FCC”) requirements (47 U.S.C. §509;see also 47 CFR §73.1216), FTC rules and federal, state and local laws.
Complete details, continuity, and proposed short rules language must be submitted directly to FOX Commercial Clearance for review and approval.
All on-air copy regarding contests and sweepstakes must contain clear and complete information including the following:
• Complete contest rules, or when and how they may be obtained by the public (i.e., a webaddress with copy: “For complete contest rules visit www. .com”);
• The availability of entry forms and how to enter, including alternate means of entry where appropriate;
• The termination date of the contest (and start date, if not already commenced);
• Any eligibility requirements or restrictions;
• The prize suppliers, when applicable;
• “No Purchase Necessary” (additional language may be required depending on the contest);
• “Void Where Prohibited”;
• Odds of winning, if varied or unusual, are required for chance contests;
• Judging criteria must be stated for skill contests; and
• Other information as deemed necessary by FOX Commercial Clearance.
A complete copy of the rules, entry blank, promotional material and/or any published information(e.g., newspaper advertisements about the contest) should be included with the broadcast copy submitted to Commercial Clearance. All contest rules must be complete and contain:
• Eligibility requirements;
• Odds of winning (for chance contests);
• Restrictions as to the number of entries allowed per individual;
• The nature, extent and value of the prizes;
• Where, when and how entries are submitted;
• The basis on which prizes will be awarded;
• The start and termination dates of the contest;
• When and how winners will be selected, including tie-breaking procedures when necessary, and procedures to be followed in the event a winner is ineligible or disqualified;
• How winners will be notified;
• Time limits to claim or use prizes, if any;
• Restrictions as to the number of times an individual can win;
• Reference to “participating dealers” if not all outlets are participants; and
• Corporate name and physical address of contest sponsor.
Crude or coarse language and/or gestures or unambiguously racist symbols may not be used in advertising, nor can they be bleeped, blurred, pixilated or otherwise censored.
All Direct Response commercials, both Short Form and Long Form (“Infomercials”), must conform to applicable FTC Guidelines (16 C.F.R. §435), federal, state and local laws, and all FOX Advertising Guidelines, including the following:
• Every commercial must include adequate Sponsor Identification.
• All offers must be clear, complete and honest. The consumer must know or be able to ascertain from the spot and/or in conjunction with the advertised website the nature of the product or service offered, including the price, terms of payment (e.g., extra charges,shipping and handling) and the commitment involved in placing the order.
• Advertisements that refer viewers to a website must show the complete website address.The website must be fully functioning as of the date of submission and must show information consistent with that advertised. Websites or web pages that are currently “Under Construction” and/or not currently functioning will not be approved.
• All pricing and other costs must be accurately reflected and disclosed at each point-of purchase opportunity. All costs related to an offer, including pricing, postage and handling, taxes, etc. must also be disclosed. If quoted price involves enrollment in a continuity program, the enrollment requirement must be disclosed in the commercial.
• Merchandise should be available for shipping within a reasonable amount of time, generally within 30 days after receipt of the order. If there is an expectation it will take longer than 30days to ship the item(s), a visual disclosure should be included indicating such.
• Representations such as “Satisfaction or your money back,” “30-day free trial” or “60-daymoney back guarantee” will be construed as a guarantee that all monies paid will berefunded at the option of the purchaser. If such representation is made, the advertisement must disclose the acceptable return period and whether or not the refund of shipping and handling costs are included; any terms and conditions to an offer, i.e., “money back guarantee” is actually “less shipping and handling” must be disclosed.
• Specific claims of success, before and after pictures, and similar comparisons may require not only a “Results may vary” disclosure, but also a disclosure indicating typical results aconsumer can expect as required by applicable FTC Guidelines.
In addition to the above, Long Form Direct Response Commercials (Infomercials) should bepreceded by and conclude with clear and prominent audio and video disclosures that indicate the program is a paid advertisement for the product or service being presented. These disclosures must include:
• A statement that the program is a paid advertisement;
• The name of the product or service advertised; and
• The name of the party who sponsored or paid for the program.
Any on-screen disclaimers must be clear and conspicuous, i.e., fully legible, displayed for asufficient duration, against a contrasting background, and shown in a typeface and font size that can be easily read.
The Emergency Alert System tones or graphic, or simulation thereof, may not be used in advertisements under any circumstances. 47 U.S.C. §325; see also 47 C.F.R. §11.45.
Wireless Emergency Alert tone, or simulation thereof, may not be used in advertisements under any circumstances. 47 C.F.R. §10.520(d)(1).
All endorsements and testimonials must comply with the most current FTC “Guides Concerning the Use of Endorsements and Testimonials in Advertising” which are enumerated at 16 C.F.R. 255.
Advertising for banks, funds, stocks, bonds, commodities, insurance, real estate, cryptocurrency and other investments, must conform to all applicable laws. All relevant material restrictions, riskfactors, and qualifications must be disclosed. Instructions regarding how to obtain further information about the financial offering must be provided on screen.
FOX will not accept ads that include “tips” on specific stocks, bonds, commodities, cryptocurrencies or other ventures.
Food Nutrient Content and Health Claims
• All nutrient content and health claims, whether express or implied, must comply with FDA Food and Drug Administration (FDA) requirements and must be able to be substantiated by the advertiser. When requested by FOX Commercial Clearance, appropriate substantiation documentation must be submitted for review.
• Standardized food labeling regulations as established by the FDA and United States Department of Agriculture (USDA) must be observed when applicable, particularly whenmaking absolute nutrient content claims (e.g., “low’, “high”, “lean”) and comparative nutrient content claims (e.g., “less”, “reduced”, “more”). Only those categories for which there is significant scientific agreement that the relevant diet-disease relationship is supported by scientific evidence will be acceptable (e.g., sodium and high blood pressure, fiber and cancer, fat and heart disease).
Vitamins and Nutritional Supplements
• Advertisements for vitamins and nutritional supplements must comply with FDA (and anyother applicable) regulations and guidelines and should only promote the products as dietary supplements to prevent nutritional deficiencies and not as a replacement for food ora proper diet.
• Health claims, whether express or implied, must be substantiated by competent andreliable scientific evidence. When requested, substantiation and/or product sample and labeling must be presented to FOX Commercial Clearance for all claims.
• If a structure/function claim is made within an advertisement, the ad must bear the Dietary Supplements Health and Education Act (DSHEA) disclaimer: “This statement has not beenevaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease.”
• Nutritional supplement advertising must be directed to adults. Children may not be shown as spokespersons and may not be depicted dispensing nutritional substances to themselves or other children. Children should be shown to be under adult supervision.
Energy Drinks, Boosters or Enhancers
• Submissions of advertising for energy drinks, boosters or enhancers should include product labeling and/or a list of ingredients.
• Representations that a product will provide energy or vigor should specify the source of the energy (e.g., carbohydrates, caffeine, etc.).
• Claims that a product will enhance mental acuity or alertness are closely scrutinized and must be accompanied by a disclosure of ingredients. When requested, adequate substantiation supporting the assertion that the product will produce the promised effect, or any other claims must be submitted for review.
FOX will consider advertisements containing foreign language dialogue. English subtitles may be required. English translations must be verified by an external, third-party source and the translationand verification must be provided in writing to Commercial Clearance prior to clearance.
FOX may prohibit advertisements featuring current or former FOX talent or other personalities on FOX platforms.
If an advertisement mentions a warranty or guarantee (or similar language) that is offered on an advertised product, FOX may require additional information concerning the material terms and conditions of such guarantee or warranty. The advertisement should disclose, clearly and prominently, all material terms of the warranty or guarantee and where prospective purchasers cansee the written warranty or guarantee for complete details (e.g., “See dealer for details” or “Go toxyz.com for details.”).
“Satisfaction or your money back,” “30-day free trial,” or similar representations will be construed as a guarantee that the full purchase price will be refunded at the option of the purchaser. Any material conditions, such as return of the product within a specific period after the purchase date, must be fully disclosed.
All advertising for health-related products must comply with all applicable laws, rules and regulations, including FDA (21 U.S.C. §§1 – 2252) and FTC guidelines. For example:
Prescription Drug Advertising
• Must be accurate and not misleading;
• Must not omit material facts;
• Must communicate clearly to the viewer (visually, audibly, or both) that the product isavailable by prescription only;
• Must communicate clearly to the viewer (visually, audibly, or both) that one should consult their physician regarding the product; and
• Must not show the product being consumed on camera.
Product Claim Advertising for Prescription Drugs
• Must present a “fair balance” between benefit and risk information;
• Must disclose the most significant risks that appear in the labeling;
• Must contain a brief summary of all necessary information related to side effects and contraindications;
• Must include adequate provision requirements as mandated by the FDA regulations for the dissemination of the product’s FDA-approved labeling (and the risk information it contains);and
• A copy of the DDMAC (Division of Drug Marketing, Advertising, and Communications) letter submitted to the advertiser may be required. In the absence of such letter, a document fromthe advertiser’s counsel attesting that the advertisement in question is in compliance with FDA (and any other applicable regulatory) requirements and guidelines may be accepted in its place at the discretion of Commercial Clearance.
Non-Prescription/Over-the-Counter Drug Advertising
• Must include the phrase “Use only as directed” visually within the commercial;
• May require submission of adequate substantiation regarding product efficacy, safety and any claims asserted;
• May not include explicit or implicit claims that the product is a panacea or alone will effect a cure;
• May not use words such as “safe,” “without risk,” “harmless,” without adequate qualificationand support;
• May not be directed to children; and
• May not include visuals of the product being ingested on-camera.
FOX will consider issue advocacy advertisements on a viewpoint-neutral basis and will accept advertisements that express divergent points of view. To avoid delay of clearance decisions, the advertiser should provide substantiation of all claims at the time of submission. Sponsors (officers, directors, members of the board of directors) of the advertising and the price paid for the advertising may be subject to public disclosure.
To be acceptable for air on FOX networks, issue advocacy advertisements must adhere to the FOX general standards as set forth in these Guidelines, including by disclosing on screen the sponsor of the message (i.e. the party or parties paying for the advertisement). In addition, an issue advocacy advertisement may be rejected by FOX if it:
• Contains claims that are unable to be substantiated;
• Makes personal attacks on an individual, business or organization, or is a comment on a private dispute;
• Is deemed to be grossly offensive;
• Includes FOX owned or licensed content or trademarks;
• Is contrary to FOX’s business interests or disparages FOX, its people or partners;
• Is otherwise deemed to be inconsistent with FOX’s viewing environment, general standards, or viewer or partner expectations; or
• If the advertiser fails to provide information required by state and/or federal political advertising regulations.
As with all advertisements, FOX reserves the right to determine appropriate placement and timing for any acceptable issue advocacy advertisement.
FOX will consider the inclusion of healthcare professionals (e.g. physicians, dentists, nurses, or actors representing them) in advertising for products or services requiring a physician’s intervention or a prescription (e.g., prescription medications or medical devices).
Generally, healthcare professionals may not be employed directly or by implication in commercials for over the counter (OTC) and dietary supplement products. FOX may consider such inclusions ona case-by-case basis, subject to the following:
• Statements must be supported by a testimonial affidavit by the Doctor.
• There is sufficient support demonstrating a consensus in the relevant medical communityto warrant the opinion.
• All claims must be independently substantiated by the advertiser.
Advertisements of an institutional nature which are not intended to sell specific products orservices to the consumer, public service announcements by non-profit organizations, as well as presentation for professional services will be reviewed on a case-by-case basis.
All advertising for theatrical films must include an MPA rating in both audio and video. FOX may accept advertising for films pending a rating on a case-by-case basis provided the advertisement discloses “This film is not yet rated” in audio, video or both. For advertisements that include a tie-into a motion picture, a video or audio disclosure of the MPA will be sufficient. No such advertisingmay contain Emergency Alert System tones, bars, graphics, or simulations thereof.
Scheduling of advertising for films will be determined on a variety of factors including advertisement content, audience composition, audience expectation, and program compatibility.
• Advertising for films that have been rated “R” by the MPA generally may not run in programs designated Youth Appeal, Family Appeal, Youth/High School Athletics or in programs in which 35% or more of the audience is anticipated to be under the age of 17.
• Advertising for films containing more intense depictions of violence, horror, sexual dialogue/situations, etc. will be subject to scheduling restrictions.
• Films that have not yet been rated may be scheduled as “R” rated films.
• Advertisements for “X” rated and similar “adult” films will not be approved for air.
All proposed commercials for films carrying the MPA “NC-17” rating (“No Children Under 17 Admitted”) will be reviewed on a case-by-case basis. Consideration will be given to both the content of the commercial and the content of the underlying theatrical film. The advertisement must contain an audio disclosure that the film is “Rated NC-17, No Children Under 17 Admitted,”and an appropriate MPA video disclosure.
For DVD or post-theatrical streaming releases, an aural rating or visual rating disclosure is acceptable. However, advertisements for previously released theatrical films that add new “bonus material” should also visually disclose if the “bonus material” is unrated.
Fox will closely scrutinize commercial announcements that simulate news reports or news broadcasts to ensure that the ad is not misleading to the viewer. Fox will reject an ad that may mislead the audience to believe that it is about to hear a news report or is hearing a news report because of the use of newsroom or news gathering techniques or announcers. Unacceptable techniques may include, but are not limited to, audio and/or video phrases such as “We interrupt this program/commercial to bring you…,” “bulletin,” “flash,” “This just in …,” “Breaking News,” “Live,” newsroom settings, lower third horizontal crawls, and teletype sound effects.
FOX accepts political advertising on a non-discriminatory basis. Unless subject to FCC regulationsor state regulations to the contrary, political advertisements must comply with all FOX general standards as set forth in these Guidelines.
Legal Requirements
All political advertisements regardless of the intended network or platform must conform to FECregulations (52 U.S.C. 30101 et seq.) and Commission regulations (Title 11 of the Code of FederalRegulations, 11 C.F.R. 100-110), as well as for televised advertisements, The Communication Act of1934 as Amended (47 USC §§ 315 and 317) and the FCC Rules (47 C.F.R. 73.1212, 47 C.F.R.73.1940), including the following:
Advertisements authorized and financed by campaign
If the candidate or campaign authorizes and finances a covered communication (includingany solicitation), the notice must state that the communication was paid for by theauthorized committee. These advertisements must also comply with the "stand by your ad" provision in which a federal candidate (this does not apply to state and local candidates) must deliver an audio statement identifying himself or herself and stating that he or she has approved of the communication. For example, “I am [candidate’s name], a candidate for [federal office sought], and I approved this advertisement.” In a television ad, the disclaimer must be conveyed by one of two ways: 1) the candidate making the statement in anunobscured, full screen view (at least 80%); or 2) a candidate voice-over, accompanied by a clearly identifiable photograph or similar image of the candidate.
Authorized Party Committee coordinated communications on behalf of candidate
A party committee that pays for a communication that is a coordinated party expenditure must identify the party committee as the payor in the disclaimer. Prior to the date the party’s candidate is nominated, it is sufficient for the party committee to state who has paid for the communication. Subsequent to the nomination, the disclaimer must state that it was paid for by the party committee and authorized by the candidate. Once a candidate has been nominated for the general election, the disclaimer notice must also state who authorized the communication and comply with the other applicable requirements listed in this section
Authorized but not financed by campaign
If a covered communication, including any solicitation, is authorized by the candidate or campaign but paid for by another person, the communication must identify the person who paid for it and state that it was authorized by the candidate or campaign. Additional requirements apply for print, television and radio ads.
Not Authorized or financed by campaign
If a person pays for a covered communication (including any solicitation) that refers to their candidate but is not authorized by any candidate or campaign, the notice must state that it was not authorized by any candidate or candidate’s committee, identify the entity that paid for the communication and provide at least one of the following: the payor’s permanent street address, telephone number or website address. Additionally, on a radio or television communication that is not authorized by a candidate or the candidate’s authorized committee, a representative of the individual or group paying for the communication must state that “______ is responsible for this communication,” where“_______” is the name of the political committee or other person who paid for the communication. If applicable, the name of the sponsoring committee’s connected organization is also required in the disclaimer.
Uses by Qualified Candidates for Federal, State and Local Offices
The Communications Act of 1934, as amended, and FCC Rules prohibit FOX Broadcast Network and FOX Television Stations from censoring an advertisement that is a “use”. A“use” is any “positive appearance of a candidate whose voice or likeness is either identified or is readily identifiable” and sponsored by a “legally qualified candidate” or their campaign committee (note, this does not apply to ads run on digital platforms). FOX Broadcast Network and FOX Television Stations are required to offer “reasonable access” to legally qualified federal candidates, but not state and local candidates. However, if FOX accepts alegally qualified state or local candidate ad, the same non-censorship rules apply. Thus, FOX Broadcast Network and FOX Television Stations must run these ads without regard to content and may not require revisions, apart from ensuring the inclusion of proper sponsorship disclosures.
FOX’s cable networks and digital platforms are not required to offer reasonable access to legally qualified candidates. Advertisements intended to run on these platforms will be reviewed for content-related issues, including but not limited to, truthfulness and use of intellectual property. FOX may require revisions to advertisements intended for all networks and platforms apart from FOX Broadcast Network and FOX Television Stations. To avoid delay of clearance decisions, the advertiser should provide substantiation of all claims atthe time of submission.
Advertisements for all other candidates and political advertisements
Candidate advertisements that are not authorized by a legally qualified candidate or his orher campaign and all other political advertisements intended to run on all FOX properties and platforms will be reviewed for content-related issues, including but not limited to, truthfulness and use of intellectual property. FOX may require revisions to such advertisements. To avoid delay of clearance decisions, the advertiser should provide substantiation of all claims at the time of submission.
Clear sponsorship identification is required on all advertisements intended for all FOX platforms. All disclosures and disclaimers must be “clear and conspicuous” regardless of the medium in which the communication is transmitted. A disclaimer is not clear and conspicuous if it is difficult to read or hear, or if its placement is easily overlooked. Sponsors (officers, directors, members ofthe board of directors) of the advertising and the price paid for the advertising may be subject topublic disclosure.
Advertisements for the following products will not be accepted on any FOX platform:
• Tobacco products, electronic cigarettes, cigarettes, chewing tobacco, snuff tobacco, cigars, and all other tobacco, tobacco-related or electronic cigarettes-related products, publications and services;
• Material which is in whole or part obscene, either in theme or in treatment, or contains hate speech or hate speech symbols;
• Presentations promoting a belief in the efficacy of fortune telling, astrology, phrenology, palm reading, numerology, mind reading, character reading, or other occult pursuits;
• Adult-oriented or sex-related services, books, DVDs, magazines, software, videos, websites, photos, devices, toys, clubs, “chat” lines, escort services or services related to extra-marital affairs;
• Sexual enhancement products (unless FDA-approved drugs that may only be obtained by prescription from a licensed medical professional),
• Illegal drugs or other illicit substances and related products, services or publications;
• Ingestible or topical cannabis, and CBD products (or any related paraphernalia), unless FDA approved;
• Matrimonial or escort services;
• Advertisements promoting anti-social behavior (including but not limited to, criminal activity, obscene behavior, violence, etc.); and
• Any illegal product or service.
Public Service Announcements (“PSAs”) should serve general public needs and should not be charitable or advocacy advertising. In support of the Company’s FOX Forward initiative, PSAs that address issues facing active-duty military and veterans, youth development and the creative community may be prioritized. All PSAs should be submitted to PSAs@fox.com for review.
FOX may sell time to religious organizations but reserves the right to decline or restrict advertisements that do not meet its standards or are contrary to the expectations of its audience.
Advertisements that give exposure to products other than the one being advertised may be subject to rejection or restrictions if the secondary product is unacceptable or conflicts with another advertiser’s exclusivity. The advertiser may need to provide a back-up commercial in the event thesecondary product conflicts with another advertiser’s products or exclusivities (e.g., pod exclusivities, program sponsorships).
Advertisements for the solicitation of funds will be considered on a case-by-case basis.
Sponsorship identification must comply with all applicable federal laws (see 47 U.S.C. §317; 47 U.S.C. §508) and applicable FTC rules and regulations (see 15 U.S. Code § 45).
Advertising should not utilize scare tactics, create a sense of urgency or danger, or use economic, medical or social issues or events to exploit the sensitivities of vulnerable groups, including but not limited to, the elderly, disabled, economically disadvantaged, etc.
Approval and scheduling of video game advertisements are dependent on both the content of the individual advertisements and the overall theme/objective of the advertised game. Advertisers are strongly encouraged to submit game footage for review prior to completion of the final cut. Additionally:
• All video game commercials must contain the ESRB game rating in audio and video;
• Games with a “T,” “E10+” or “E” rating are generally acceptable for all programming if individual advertisement content is appropriate. Games or advertisements that contain excessive violence, unacceptable language, or suggestive content may be restricted from programming designated as Youth Appeal, Family Appeal, Youth/High School Sports or other programming; and
• Games with an “M” rating or higher (if approved) will be restricted from programming designated as Youth Appeal, Family Appeal, Youth/High School Sports or other programming. Games that contain excessive violence or suggestive content could possibly be further restricted.
The inclusion of a website address or QR Code in an advertisement is permissible provided the content of the website/landing page is appropriate. Websites/landing pages mentioned in conjunction with traditional advertising must not contain information that conflicts with or contradicts the information presented in the advertisement (e.g., the cost of the item, shipping and handling, product guarantees). Additionally, the website/landing page must be fully functioning as of the date of submission (i.e., websites or web pages that are currently “Under Construction” will not be accepted.)
Advertising for weight loss products or programs must comply with all applicable laws, rules and regulations. This advertising is subject but not limited to the following:
• Safety, efficacy and all express and implied claims must be substantiated;
• Weight loss products or programs must be advertised in the context of an overall diet and exercise program;
• Advertising should not over emphasize one factor alone in the achievement of weight loss.
• Advertisements for exercise-based programs should be presented in the context of an overall diet and exercise regimen;
• If specific weight loss results are shown and those results are atypical to what the average consumer can expect to lose, it must also have a disclosure in compliance with FTC regulations stating results an average consumer can expect to achieve; “Results will vary” disclosure or similar may not be sufficient;
• Claims regarding the time required to lose weight and claims concerning weight loss maintenance, will be permitted on a case-by-case basis. Certain claims may also necessitate disclosures that loss and maintenance vary from individual to individual;
• Advertising may not claim that any resulting weight loss is permanent or that weight loss will be quick or easy;
• Advertising directed to obese individuals will be permitted on a case-by-case basis. If permitted, the advertisement must include a disclaimer advising, “Consult your physician if you need to lose 30 pounds or more.”;
• Endorsements and testimonials must comply with guidelines presented in the FTC’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising” which are enumerated at 16 C.F.R. 255;
• “Before and after” representations will be reviewed on a case-by-case basis; and
• Meal replacement products or programs must meet nutritional requirements consistent with USDA recommendations. Supporting documentation may be required.