Article 59(Commercials) #
(1) Pursuant to Article 73 (1) of the Act, a broadcasting business entity shall continue displaying the caption "commercial" of a size at least 1/64 of the screen to be clearly distinguishable from the screen on the upper left or upper right corner of the screen while airing commercials for a broadcast program mainly viewed by children (referring to broadcast content which help children grow healthily, develop their emotion, and establish cultural diversity, targeting children under the age of 13; hereinafter the same shall apply) and spot commercial messages before and after such broadcast program. <Added on Aug. 7, 2007; Jul. 20, 2015>
(2) The allowable scope, running time, frequency, methods, etc. of airing commercials under Article 73 (2) of the Act (excluding non-profit, public commercials, virtual commercials, and product placement; hereafter in this paragraph, the same shall apply) shall be as follows: <Amended on Sep. 17, 2004; Mar. 10, 2006; Aug. 7, 2007; Feb. 22, 2008; Dec. 31, 2008; Jan. 26, 2010; Oct. 1, 2010; Aug. 19, 2011; Jul. 20, 2015; Apr. 30, 20201>
1. In cases of TV and radio broadcasting channels (excluding datacasting added to television broadcast programs of TV broadcasting channels) and radio broadcasting channels:
(a) The running time of commercials for each schedule time for a broadcast program (meaning the time from commencement of an announcement explaining the relevant broadcast program to the time before an announcement explaining the following broadcast program begins, and the running time of commercials and time for announcing the name of a broadcasting business entity are included; hereafter in this subparagraph, the same shall apply) shall not exceed a maximum of 20/100 of the schedule time for the relevant broadcast program, and the ratio of the running time of commercials for each broadcast program that airs for a day (referred to a period of time from the commencement of broadcasting to the end of broadcasting, as determined and publicly notified by the Korea Communications Commission) to the schedule time for each broadcast program shall not exceed 17/100 on average;
(b) In cases of TV broadcasting channels, the running time of commercials for a broadcast program, out of the running time of commercials for broadcast programs pursuant to item (a), shall not exceed 15/100 of the running time of each broadcast program;
i) The frequency of commercial breaks shall be classified as follows, and the running time of each commercial break shall not exceed one minute; provided, in cases of broadcast programs, including sports games, cultural or art events, which have an intermittent pause or preparation time, commercial breaks are permitted only during the intermittent pause or preparation time, and in such cases, there is no limit to the frequency and running time of commercial breaks;
ii) Commercial breaks shall be aired in accordance with the following standards:
i) Broadcast program commercials and spot commercials between consecutively programmed broadcast programs and commercial breaks for each set of consecutively programmed broadcast programs shall be deemed commercial breaks for the same single broadcast program and item (b) (i) shall apply mutatis mutandis to the frequency and running time thereof;
(i) Broadcast program commercials and spot commercials between consecutively programmed broadcast programs and commercial breaks for each set of consecutively programmed broadcast programs shall be deemed commercial breaks for the same single broadcast program and item (b) (i) shall apply mutatis mutandis to the frequency and running time thereof;
ii) Item (b) (i) shall apply mutatis mutandis to the methods of broadcast program commercials and spot commercials between consecutively programmed broadcast programs;
iii) Detailed matters relating to consecutive programming such as the identity of programs, shall comply with the standards determined and publicly notified by the Korea Communications Commission;
(d) Deleted; <Apr. 30, 2021>
(e) A commercial caption (an explanation or announcement of the title of a broadcasting business entity or a broadcast program, or of public information publicly notified by the Korea Communications Commission in the form of a caption shall not be deemed a commercial caption; hereinafter the same shall apply) shall be permitted only when the title of a broadcasting business entity or a broadcast program is announced. In such cases, the size of the caption shall not exceed 1/4 of the screen;
2. Deleted; <Apr. 30, 2021>
3. Deleted; <Apr. 30, 2021>
4. In cases of datacasting channels:
(a) Any commercial aired through the opening screen (hereafter in this paragraph, referred to as "opening screen") that is used by every broadcasting business entity to announce datacasting channels to help audiences choose among them shall be limited to a commercial caption and the size of such caption shall not exceed 1/4 of the opening screen;
(b) The size of a broadcasting commercial after the first screen (referring to the initial screen of any datacasting channel that is moved through connection with such datacasting channel on the opening screen; hereafter in this paragraph, referred to as "first screen") of the relevant datacasting channel shall not exceed 1/3 of the entire screen area, and the running time of such commercial shall not exceed 10 minutes (limited to commercials which include moving pictures and voices); provided, the foregoing shall not apply where any indication or announcement of a broadcasting commercial is made after the first screen in order to allow audiences to have access to the relevant commercial;
5. No broadcasting commercial shall be aired on the opening screen of the datacasting, which is added to TV broadcasting programs of TV broadcasting channels, and subparagraph 4 (b) shall apply mutatis mutandis to any broadcasting commercial after the first screen is aired. In such cases, the opening screen refers to the opening screen on which the relevant TV broadcasting program is first aired and the first screen refers to the initial screen that is moved through connection with the opening screen.
(3) Pursuant to Article 73 (4) of the Act, each broadcasting business entity and electric signboard broadcasting business entity shall program non-profit public commercials in excess of the following applicable ratios; provided, the foregoing shall not apply to any channel publicly notified by the Korea Communications Commission in consideration of the public nature of each channel, sales volume from broadcasting business, and other matters: <Amended on Sep. 17, 2004; Mar. 10, 2006; Aug. 7, 2007; Feb. 29, 2008; Oct. 10, 2011; Jul. 6, 2016; Dec. 10, 2019>
1. Broadcasting business entities: The ratio publicly notified by the Korea Communications Commission within the limit of 1/100 of the total monthly broadcasting time of each channel (referring to all broadcasting programs in cases of datacasting channels);
2. Electronic sign board broadcasting business entities: The ratio determined under Article 14 (4) 2 of the Enforcement Decree of the Act on the Management of Outdoor Advertisements and Promotion of Outdoor Advertisement Industry.
(4) Non-profit public commercials to be programmed by broadcasting business entities and electric sign board broadcasting business entities under paragraph (3) are as follows: <Added on Aug. 7, 2007; Dec. 10, 2019>
1. Commercials produced by the State or local governments, or public institutions or non-profit institutions for public purposes and broadcasted by the broadcasting business entities and electronic sign board broadcasting business entities at no charge;
2. Commercials produced and programmed by broadcasting business entities for public purposes at their own costs.
(5) A weight shall be assigned based on programming time in calculating the ratios of non-profit public commercials programmed by broadcasting business entities under paragraph (3) 1, and criteria therefor shall be publicly notified by the Korea Communications Commission in consideration of the characteristics of each channel. <Added on Dec. 10, 2019>
(6) Deleted. <Jul. 17, 2012>
[Article 59 (5) was deleted by Presidential Decree No. 23958, July 17, 2012, following the decision of nonconformity to the Constitution by the Constitutional Court on November 27, 2008]