Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Society seems increasingly concerned about ads that glorify, trivialise or normalise violence and this has been reflected in The Byron Report, ‘Safer Children in a Digital World’. That report questioned whether children are being exposed to unacceptable levels of violence, especially in the context of computer games, internet and entertainment. In 2007, the number of complaints about violent images was roughly double the number in 2006 and that trend seems set to continue; the ASA receives a significant number of complaints about ads accused of being too violent or too sexual, especially when they could be seen by children. Although not exclusive to the sector, many of the complaints are about images used to advertise video games and films, the content of which, is often violent or sexual. Some ads are simply badly judged but mainly the problem comes when visuals appear in untargeted or poorly targeted media (for example posters or unrestricted internet sites). Marketers should be mindful of where ads with a sexual or violent content appear and note that posters, especially those outside or close to schools might be considered particularly unsuitable.
The acceptability of ads is likely to depend on a number of factors, including the media in which they appear: the ASA did not uphold complaints about an internet banner ad, for a film, containing a blood-splattered image of a woman hanging upside down and the text "Don't look here. It's torture". The ASA considered that the ad was acceptable because it had appeared on a website targeted at an adult audience, who would understand that the ad reflected the content of the film (Sony Pictures Releasing UK, 10 October 2007). When deciding not to uphold complaints against a print ad for the TV series “Dexter” the ASA took account of the fact that the ad appeared in the adult-orientated Culture Section of the Sunday Times and none of the press ads had appeared in youth media (Fox International Channels UK Ltd, 9 January 2008). In 2008, the ASA rejected complaints about a poster for a film called “Hitman”. Despite public concern about the use of guns and violent imagery in ads, especially in untargeted media, the ASA considered the presence of a gun reflected the content of the film (Twentieth Century Fox Film Company Ltd, 14 May 2008). In 2009 the ASA considered an internet banner ad for the film “Rock N Rolla”. Although it accepted that the ad had not been addressed to or targeted at children (the advertiser showed it had taken steps to ensure over 97% of online impressions were targeted at those aged 15 years or over), it upheld complaints that the ad glorified guns and condoned violence (Warner Bros. Entertainment UK Ltd, 18 February 2009).
The ASA upheld complaints against various posters for the film “Wanted”. Because they featured a glamorous actress, action poses, several images of or related to guns and aspirational text, the ASA concluded they could be seen to glamorise the use of guns and violence. Complaints that the ads were unsuitable to be seen by children were also upheld (Universal Pictures (UK) Limited, 3 September 2008).
It’s not just films and video games advertising that generate complaints. In 2006, the ASA found that Curtis '50 Cent' Jackson had such cultural credibility, especially among young people, that his association with gang culture and criminal behaviour was likely to be seen as glamorising and condoning the possession and use of guns. In short, marketers should be careful when showing violence if children are likely to interpret it as being aspirational, a way of gaining respect, money or solving problems (Universal Music Group, 4 January 2006). To help avoid this, marketers should avoid linking the images in an ad with the viewer or the viewer’s life. Using stills that are obviously fictional or fantasy could be a way of avoiding blurring the line between the viewer’s reality and the content of the film or game, provided that the stills abide by the Code.
Images relevant to the product do not negate the need for both advertisers and media owners to be mindful of public sensitivities. The ASA upheld complaints about a campaign, for a computer game, that showed a crying woman, gagged and obviously the victim of violence. The ads included the claim “Grittier and nastier in tone than anything you’ve seen before, the violence here is visceral, brutal and very, very real”. Although the ads portrayed a relevant scene from the game, the ASA concluded that the campaign was socially irresponsible, offensive, distressing and guilty of condoning and glorifying violence (Eidos Interactive Ltd, 9 April 2008). Marketers should remember that in some cases the level of violence shown will be unacceptable regardless of any targeting or link to content.
Marketers who depict weapons should take great care to ensure that the approach is suitable both for the product being advertised and the intended audience. Marketers should not imply that weapons are an everyday part of life or can solve problems (Universal Music Group, 4 January 2006). As a general rule, marketers should avoid depicting weapons that are pointing directly or aggressively at the reader because such images can be threatening and can cause unnecessary fear and distress. In rejecting complaints about a poster for the TV series “Dexter” the ASA took into account the fact that the knife was not being used in a threatening manner, was not aimed at another character or reader and was not bloodstained. (Fox International Channels UK Ltd, 9 January 2008). But, even if a weapon is shown pointing away from the reader, advertisements featuring prominent shots of guns or guns being brandished in an aggressive manner are likely to be unacceptable (Entertainment Film Distributors Ltd, 21 November 2007).
Marketers need to be careful about the inclusion of sexual imagery or references to sex in ads. Many sexual images are likely to be considered inappropriate if seen by youngsters. Again, targeting is key; marketers can reflect the sexual content of films and games in advertising as long as it is appropriate for the target audience. The ASA upheld a complaint about an internet display ad that contained claims like “He goes down on you like six times a week…” and “[sometimes I wish that she enjoyed…] getting it in the tush”. Because it considered the sexual themes were likely to offend some users and were unsuitable for children, and because Yahoo! (on who’s homepage the ad appeared) had not protected children from seeing the ad, the ASA upheld the complaint (Paramount Pictures UK, 8 July 2009).
Ads should not include or allude to sexual violence. The ASA has ruled against an ad that featured a caravan and contained the text "this is where I left Kate, Lucy and Michelle begging for more", because it was considered to allude to entrapment and sexual violence (Eidos Interactive Ltd, 9 April 2008 and Nokia UK Ltd, 3 March 2004).
To help marketers of films and video games, CAP has issued Guidance which is available in our Help Notes section. For more information about The Byron Report please see the relevant Update@cap.
See also ‘Weapons: General’, ‘Weapons: Knives and martial arts weaponry’, ‘Violence and Anti-social Behaviour’, ‘Fear & Distress’, ‘Sexual Violence’, ‘Drugs’, ‘Social responsibility’, ‘Taste and Decency: General’, ‘Taste and Decency: Language’, ‘Taste and Decency: Sex, sexual orientation and sexism’ and ‘Taste and Decency: Nudity’.
Last modified : 29 June 2010