Table 3.

Changes in Ofcom’s position during the course of the consultation

Initial options presented by Ofcom	Consultation responses and Ofcom’s reaction	Ofcom’s final position	Reference in consultation
Ofcom’s packages 1–3 varied on three key principles
(1) Restrictions on advertising of all foods versus just HFSS foods	Following the first consultation it was clear that the majority of responses preferred restricting advertising of only HFSS foods	The eventual package of restrictions enacted was specific to HFSS foods	Ofcom Executive Summary 1.12
(2) Total ban on food advertising versus volume based restrictions	Almost all stakeholders did not consider volume based restrictions as being effective at reducing exposure to advertising and this option was dismissed following the first consultation	There was a total ban enacted on HFSS food advertising in programming ‘of particular interest to’ children	Ofcom Executive Summary 1.12
(3) Restrictions only on children’s channels versus all programmes ‘of particular interest’ to children, irrespective of channel	Public health and civil society responses highlighted that children may watch adult TV and a ban on all less healthy food advertising before a 9pm watershed may be more effective than focusing specifically on children’s programming. Television and advertising industry responses worried that this would disproportionately impact advertising revenues	Ofcom rejected the idea of a pre-9pm ban due to concerns about the effect it would have on broadcasters, programming and advertising revenues	Ofcom Executive Summary 1.12
Further changes that were made
Restrictions should apply to children aged 4–9 years	Many public health and civil society responses pointed out that children are legally defined as under 16 years	The restrictions applied to children aged 4–15 years	Ofcom Final Statement 4.9
All restrictions should start in April 2007	Children’s channels argued that they should be allowed a transitional period as they would be affected financially	Children’s channels were allowed a phased implementation of restrictions, with final implementation by January 2009	Ofcom Final Statement 5.3/5.4