ASA Watch

A poster for Scruffs Hardwear promoting a competition to win the ultimate lads' bash for you and 3 mates, seen in November 2011, featured an image of the inside of a workman's van, as if seen from the rear. The image included a man reclining at the front of the van with two women at the back. One of the women was shown in her underwear and high heels and was holding on to a vertical pole that was fixed to the van and the other was shown in a short white dress, sitting on a spare tyre covered in material. The image also included bottles of champagne and a bra hanging from a ladder. Further text included scruffs HARDWEAR IT'S GONNA GET DIRTY. Issue

Eight complainants challenged whether the ad was:

1. offensive and demeaning to women; and

2. unsuitable to be seen by children.

BSS Group stated that the WIN THE NIGHT BEFORE ad campaign was used to target tradesmen with a competition to promote their Scruffs safety footwear and work wear brand. They stated that the objective of the ad was to promote the competition in good humour and that many of their ads used double entendres and innuendo to create a Carry-On style humour. They stated that this was illustrated through the strap line It's Gonna Get Dirty, which alluded to the tradesmen getting soiled on site during the course of their working day. They said that on the flipside, it also related to the good humoured use of insinuation to appeal to their customers. They added that whilst they strove to be different, they worked hard not to be overtly sexual or sexist.

ASA Decision: Complaints Upheld

1. Upheld

The ASA noted the ad was intended to be a tongue-in-cheek representation of the morning after an ultimate lads' bash, which was the prize that was the subject of the ad. However, whilst the concept of the lads' night was linked to the competition prize being advertised, we considered that consumers would interpret the portrayal of the woman in back of the van, particularly the woman in her underwear, as a suggestion that they had played a sexual role in the lads' night out and morning after story that was being portrayed. We considered that this was further implied by the text IT'S GONNA GET DIRTY, which we considered would be understood by consumers to be a reference to sexual activity that was likely to take place. We concluded that, in the context of a promotion for work-related clothing, the portrayal of the women within such a strong sexual context was demeaning and offensive and that the ad was therefore unsuitable for public display.

On this point the ad breached CAP Code rule 4.1 (Harm and offence).

2. Upheld

We understood from the complainant that the poster ad had appeared near to a nursery school in one location and a primary school in another. We noted BSS Group stated that one of the outdoor media contractors had failed to follow their instructions that the poster ads should not have been placed near schools or near sensitive community sites. We considered that the images, alongside the text IT'S GONNA GET DIRTY, presented the women in a sexually provocative way and that as such, the poster ad was not suitable to be placed in areas where it was more likely to be seen by children. We considered that whilst a placement restriction had been put in place, the ad had appeared in areas where it was more likely to be seen by children. We therefore concluded that the ad breached the Code.

On this point the ad breached CAP Code rule 1.3 (Social responsibility).

A poster for a TV programme, Tamara Ecclestone: Billion $$ Girl, on a roadside billboard, viewed in November 2011, featured a picture of a naked woman covered by two magazines. Text next to the picture stated THE COVER GIRL. UNCOVERED ... STARTS NOVEMBER ... TAMARA ECCLESTONE: BILLION $$ GIRL ... NEW SERIES ... CHANNEL 5. Issue

Three complainants challenged whether the depiction of nudity was:

1. offensive; and

2. inappropriate for public display, where it could be seen by children.

On 7 October 2011, the ASA issued new guidance on sexual imagery in outdoor advertising. That followed the publication of the independent report Letting Children be Children by the Department for Education after a review by Reg Bailey, Chief Executive of the Mother's Union, into the commercialisation and sexualisation of childhood, and our own research into the views of parents and children about irresponsible advertising. The ASA's guidance informed the advertising industry that we would consider complaints about sexual imagery in outdoor advertising in light of the new evidence we had received about the public's views. In accordance with that guidance, we are considering Channel 5's ad in light of the complaints we have received.

Channel 5 Broadcasting (Channel 5) said the ad was part of a campaign to promote a new documentary series. The aim of the series was to show the naked truth behind all the media coverage that Ms Ecclestone attracted and that was the conceptual basis for the ads. They said the strapline the Cover Girl - Uncovered was clearly a journalistic metaphor and not a literal ambition because Channel 5 was going to uncover her true story behind the glamorous image.

Channel 5 considered the ad to be within the boundaries of the CAP Code and did not accept that nudity was depicted on the posters. They acknowledged that Tamara Ecclestone appeared not to be wearing clothes However, her torso and thighs were almost completely covered by open magazines. They did not believe she was presented in a sexualised manner because she was photographed looking straight to the camera and neither her pose nor her expression was sexual in nature. They did not consider her to be presented in a sexually suggestive, seductive or sensual manner and the ad contained neither nudity nor sexual content or context.

ASA Assessment: Complaints not upheld

The ASA noted there was no explicit nudity in the image and that it did not draw undue attention to body parts in a sexual way. We considered that the nature of the TV programme being advertised meant that viewers of the ad were less likely to regard the ad as gratuitous and objectifying women. We considered that the woman was shown in a naturalistic pose and there was nothing in her body language or facial expression which was likely to be considered sexually suggestive. We also considered that, although the woman appeared to not be wearing any clothes, the ad contained no nudity or indecent exposure because she was covered by magazines. We acknowledged that some might find the content of the ad distasteful, but concluded that the ad was not irresponsibly placed and was unlikely to cause serious or widespread offence to the public in general or to cause harm to children.

We investigated the ad under CAP Code rules 1.3 (Social responsibility) and 4.1 (Harm and offence) but did not find it in breach.

A moving digital poster ad, seen in London underground stations in October 2011, featured black and white images of two women looking out directly at the viewer and who were posing and smiling as if in front of a mirror. The ad contained an image of the women in their underwear in a bedroom, as if getting ready for a night out and where one of the women was also wearing an open shirt. This image alternated with another image of the same women fully dressed, as if on a night out.

1. Three complainants objected that the ad was offensive and inappropriate for display in a public locations; and

2. one of the complainants also challenged whether the ad was unsuitable to be seen by children.

Marks and Spencer (M&S) stated that the ad was part of a series that was intended to showcase their Limited Collection of lingerie and clothing in a brand-identifiable way. They said careful consideration went into the concept of the two girls getting ready for a girls night out, and then clothed, showcasing their outfits once they were out. They believed that the ad was not offensive or unsuitable for public display where it could be seen by children.

ASA Assessment: Complaints Not Upheld

The ASA noted the ad appeared in London Underground stations, and alternated between two moving images in which the women were posing, as if in front of a mirror. We noted the first image featured the women posing, whilst getting ready for a night out and that the second image featured the same women posing again, when dressed up in glamorous clothing. We considered that, whilst the ad showed the women posing in a flirtatious way and could therefore be seen as mildly sexual, the images were not sexually suggestive or explicit. We acknowledged that some people might have found the public display of the images of the women in their underwear to be distasteful, but noted the content of the ad reflected the clothing products being sold and considered that the alternating images clearly told a story about the women getting ready for a night out.

We considered that, because the ad promoted lingerie and the images of the women posing in their underwear were juxtaposed with further images in which they were fully clothed, the ads were not unduly sexual in nature. We therefore concluded that the ad was not likely to cause serious or widespread offence or be considered unsuitable for public display in locations where it could be seen by children.

On these points we investigated the ad under CAP Code rules 1.3 (Social responsibility) and 4.1 (Harm and offence) but did not find it in breach.

A regional press ad and a mobile poster ad for a glazing company:

a. The regional press ad was headlined Others Measure - We Fit and featured a photograph of a naked woman seen behind a window, shown from the neck to the waist. The woman's breasts were mostly covered by two large flowers.

b. A poster ad, seen on a mobile poster site situated in various locations including a field next to a main road was headlined Other Measure - We Fit. The ad featured a photograph of a naked woman seen behind a window, shown from the neck to the waist. The woman's breasts were mostly covered by two large flowers. Text underneath the image stated Massive deals!.

A complainant challenged whether:

1. press ad (a) was offensive because they believed the image objectified woman; and

2. poster ad (b) was offensive for the same reason.

The ASA challenged whether:

3. poster ad (b) was irresponsible because it could be seen by children.

1st Choice Glazing believed that the press and poster image did not objectify women and stated that they had been tastefully shot in order to ensure decency. They stated that the image was no more revealing than others that appeared in some ads for cars or drinks and believed that the tongue-in-cheek image was unlikely to cause offence. They agreed that children might have seen the poster but stated that they were exposed to far more explicit images whilst watching popular programmes set on beaches, or during pop star videos and TV shows.

Smartlocal stated that the image had been widely used in the advertising campaigns for a number of years and that to date they had not received any complaints from their 120,000 readers.

ASA Assessment: Complaints Upheld

The ASA noted the woman's breasts were partly covered by the flowers and that the image was not presented in an overtly sexual way. However, we also noted the woman's head was not included in the image and considered that consumers would understand from the ad that they were being invited to view her naked torso and, in particular, her breasts. We considered that, because the product being advertised was unrelated to the image, the nakedness was incongruous and the image was likely to be seen to be an objectification of the woman in the ads and therefore of women in general.

We further considered that the text Others Measure - We Fit and Massive deals! in conjunction with the images were likely to be seen as innuendo and contribute to that impression. We therefore concluded that ads (a) and (b) were likely to cause serious offence. We also concluded that ad (b) was irresponsible because it could be seen by children.

On these points ads (a) and (b) breached CAP Code 4.1 (Harm and offence). Ad (b) also breached CAP Code rule 3.1 (Social responsibility).

Update: Capitalising on ASA Censorship

18th February 2012. See article from westlothiancourier.co.uk

A double glazing boss, whose advertising campaign was banned after it was deemed supposedly offensive to women, has launched a new billboard featuring a picture of a half-naked man.

Owner of 1st Choice Glazing in West Lothian, Derrick Findlay, was recently ordered by the easily offended advert censors of the Advertising Standards Authority (ASA) to remove adverts from Boghall Roundabout and the M8 motorway. These featured an image of a naked woman behind a window with flowers covering her breasts.

Derrick was left deeply disappointed with the ruling, which followed just one complaint in nearly two years. [A frequency of complaints the ASA define as 'serious offence'. If the advert had received one more  complaint it would have surely moved up into the 'widespread offence' category].

Now he and his team have come up with a new design which uses an image of a half-naked male model behind the glass -- accompanied by the slogan fantastic packages available!

Derrick enthused:

We have had some fantastic responses already. People can't believe that one complaint brought the original adverts down. We just thought we should do the same thing again but with a man. Everyone walking into the shop has been talking about it and has said it's great.

A TV ad in Urdu, for Islamic Taweez lockets, stated DM Digital Global Network is presenting an Islamic locket, which consists of ninety nine sacred names of Allah Almighty and these sacred names has [sic] been recited with specific numbers. Wearing this locket, you can constantly increase blessings, call right now and book your locket today.

The ad also stated ... Any incurable patient who recites the name of Allah excessively and prays for recovery will be restored completely ...; ... childless women use this sacred name ... will be awarded with a baby ...; ... a person who eat four bites of bread for forty days after reciting this name ... will be save of problems of appetite, thirst, wounds and pain ...; ... recite this name excessively over the water at the time of break and drink it, Inshaa Allah (Allah willing), syndrome will cured ...; ... a woman unable to feed his [sic] baby, recite Ya-Matin over water and give her, Inshaa Allah... will have plenty of milk ...; ... an ill person who recite Ya-Muhyiy excessively or recite it on other sick person will Inshaa Allah ... be better ...; ... a person who recite Ya-Hayy three thousand times daily will Inshaa Allah ... never get ill ... A person who will write this name with camphor and rose ... will be restored completely ...; ... a person who daily recite Ya-Ghaniy seventy times, Allah will increase his wealth, and he will not be dependent of [sic] anyone ...; ...A person having any internal or external infection or disease, recite Ya-Ghaniy all over his organs and body, s/he will Inshaa Allah be restored to health ...; ... A person who recite [sic] this name excessively, all of his problems and troubles will Inshaa Allah ... be solved and money and children will be good ...; ... A person who have any income problems, or any other distress, grief, or sorrow, recite this name forty one times daily, will Inshaa Allah ... be free from all these problems ...; ... A person having disobedient wife or children held his/her forehead and recite Ya-Shahid twenty one times, Inshaa Allah ... s/he will become obedient ...; ... The person who recite Ya-haqq on all four corners of a square paper, raise upwards placing it on the palm, and pray, Inshaa Allah ... misplaced person or article will be found and will stay save from loss ... Call now and buy your locket ...; ... If anyone place a hand over the belly of pregnant woman and recite Ya-Mubdi ninety-nine times, Inshaa Allah ... her pregnancy will neither waste ... nor a premature birth ...; ... A person who recite Ya-Ar-Ra'uf excessively will Inshaa Allah ... be kind to and have kindness of people....

Throughout the ad, text stating This locket is not for medical purposes scrolled along the bottom of the screen.

1. A viewer challenged whether the claims that wearing the locket would positively affect the wearer in multiple ways were misleading.

2. The ASA challenged whether the claims that wearing the locket provided health benefits for wearers and those they knew, particularly sick or incurable patients, were irresponsible, because they could discourage consumers from taking appropriate medical advice.

1. & 2. DM Digital TV Ltd (DM Digital) said the ad was a teleshopping feature shown during the month of Ramadan to promote religious faith, via the recital of 99 names of Allah. They said the various lockets with the difference names of Allah were worn by those who believed in the Islamic faith, in order to receive blessings as described in the Holy Quran and that those who regularly prayed and recited the specific 99 different names of Allah, during Ramadan, could expect to receive rewards. They also said the ad was not intended to be educational or to be construed as medical advice, and that it was for entertainment purposes only. They said this was made clear by the on-screen text throughout the feature which stated this programme does not give any medical advice. Please seek your GPs advice before any treatment. This is a teleshopping presentation and entertainment feature brought to you by DM Digital Television.

ASA Assessment: Complaints Upheld

1. Upheld

The ASA noted the ad was shown during the month of Ramadan in 2011 and had not been shown since. We noted DM Digital said the feature was not intend to be construed literally by viewers. However, we were concerned that, while the ad made claims that the locket and act of reciting would provide many benefits, we had not seen evidence relating to those claims. We considered that the ad was therefore likely to mislead viewers into believing that wearing the locket would positively affect the wearer.

On this point the ad breached BCAP Code rules 3.1 (Misleading advertising) and 3.12 (Exaggeration).

2. Upheld

We acknowledged the ad contained on-screen text which indicated that the programme did not give medical advice. However, we were concerned that the main text of the ad stated that people with infections or diseases would be restored to health. Because of the nature of the claims made, we considered that the ad was socially irresponsible and, furthermore, could discourage people, particularly those who were vulnerable, from seeking essential medical treatment.

On this point the ad breached BCAP Code rules 1.2 (Social responsibility), 3.1 (Misleading advertising), 3.12 (Exaggeration) and 11.3 (Medicines, Medical Devices, Treatments and Health).

A poster ad, for a Mems DIY store in Tottenham, was viewed on 7 November 2011. It included the text Mems, Always HAMMERING Down Prices along with an image of a woman wearing a bra, denim hot pants, a tool belt and a hard hat. She was holding a hammer and pulled at the front of her shorts with her other hand.

A [single widely spread and offended] complainant challenged whether the ad was likely to cause serious or widespread offence, because she believed it was:

1. overtly sexual; and
2. sexist and objectified women.

1. & 2. Mems DIY said ... HAMMERING Down Prices was an obvious play on the word hammer and was intended to emphasise the fact that low prices were being offered by referring to a product sold by them and used by their customers. They said that in order to reinforce that point, a person in the ad, coincidentally a woman, was holding a hammer. They said the woman was wearing a hard hat and a tool belt, as well as standing next to a ladder, to further illustrate the nature of the business. She was at the far left-hand side of the ad, most of which was made up text and contact details; none of the wording was linked, overtly or otherwise, to the woman's body. They said there was no explicit nudity and the woman's pose was not overtly sexual; her hand was resting in, or on, the tool belt not her shorts. They said products and services were supplied by them to everyone, regardless of gender and while they could have considered depicting both a man and a woman in the ad that would have resulted in a greater emphasis on human figures than was considered necessary or appropriate. They said they did not intend to cause offence but did not believe the ad was overtly sexual or sexist.

ASA Assessment: Complaints Upheld

The ASA noted the ad appeared in an untargeted medium. We noted the woman in the image was wearing a lacy bra and very short denim shorts, which she appeared to be pulling down at the front; she was also pouting. We disagreed that her hand was clearly resting on the tool belt. We considered the woman's pose and dress was sexually provocative and had the effect of making her appear sexually available. We also considered the text ... Always HAMMERING Down Prices in conjunction with the image could be interpreted as innuendo. Although she was holding a hammer and wearing items related to DIY, we considered a sexually provocative image of a woman bore no relation to the product being advertised and that the ad therefore objectified the woman by portraying her as a sexual object. We considered the ad was overtly sexual and, because it objectified women, was also sexist. We therefore concluded that the ad was likely to cause serious or widespread offence and that it was irresponsible for such an image to appear in an untargeted medium.

The ad breached CAP Code rules 1.3 (Responsible advertising) and 4.1 (Harm and offence). Action

We told Mems DIY to ensure future marketing communications were prepared with a sense of responsibility to consumers and society and that, particularly in an untargeted medium, they did not contain anything that was likely to cause serious or widespread offence.

Two press ads for Ryanair Ltd.

a. The first ad, published in The Guardian, showed a woman in a bra and pants. She had one hand on her hip and pulled her pants slightly down with the thumb of the other. The headline stated RED HOT FARES & CREW!!! ONE WAY FROM £9.99. Further text stated BUY THE 2012 CABIN CREW CHARITY CALENDAR ON RYANAIR.COM!, and in the bottom right corner of the photograph, ORNELLA FEBRUARY.

b. The second ad, published in The Daily Telegraph and The Independent, showed a woman in a bra and pants. The headline stated RED HOT FARES & CREW!!! ONE WAY FROM £9.99. Further text stated BUY THE 2012 CABIN CREW CHARITY CALENDAR ON RYANAIR.COM!, and in the bottom right corner of the photograph, GILLIAN MARCH.

1. Thirteen complainants, who believed ad (a) was sexist and objectified women, particularly female cabin crew, challenged whether it was offensive and unsuitable for display in a national newspaper.

2. Four complainants, who believed ad (b) was sexist and objectified women, particularly female cabin crew, challenged whether it was offensive and unsuitable for display in a national newspaper.

Ryanair said the ads promoted their 2012 cabin crew charity calendar and used images taken directly from it. They said, because members of their cabin crew volunteered their time to produce and promote the calendar, it was not sexist and could not be seen to objectify the women who appeared in it. They said, because similar images of women and men often featured in the same media, the ads could not be deemed offensive or unsuitable for public display.

ASA Assessment: Complaints Upheld

The ASA noted both ads promoted one way fares from £9.99 and a cabin crew charity calendar. We also noted the women, featured in ads (a) and (b), were wearing underwear and looking directly at the reader and considered that, although the images were not overtly sexual in content, the appearance, stance and gaze of the women, particular the one in ad (a), who was shown pulling her pants slightly down, were likely to be seen as sexually suggestive. We also considered that most readers would interpret these images, in conjunction with the text RED HOT FARES & CREW!!! and the names of the women, as linking female cabin crew with sexually suggestive behaviour. Although we acknowledged that the women in the ads had consented to appear in the calendar, we considered that the ads were likely to cause widespread offence, when displayed in a national newspaper, and therefore concluded that they breached the Code.

Ads (a) and (b) breached CAP Code rule 4.1 (Harm and offence). Action

A TV ad, for the console game SIMS 3 Pets, included an animated character that had a human body and a dog's head. It stated Are you an animal person? Well, not like me cos most people are made up entirely of person. And if you're a person person, then you'd be missing out on the duality of life. With the Sims 3 Pets you can have a pet or be a pet. You can play both ways. So, go on, experiment. Chase some tail. Play with life. The ad also included animated scenes of a man playing a guitar surrounded by animals and other people. He was also shown in a bath and then appeared about to kiss a woman on a bed.

The ad was cleared by Clearcast with no timing restriction.

1. Some of the complainants challenged whether the ad, in particular the scene with the couple on a bed, was likely to cause serious or widespread offence.

2. Most of the complainants challenged whether the ad, in particular the scene with the couple on a bed, was suitable to be broadcast when children might be watching.

1. Electronic Arts (EA) said the scene of the couple on the bed was from gameplay. They believed the graphics made clear the characters were fictitious and that the product was a videogame; the PEGI 12 logo was also clearly displayed. EA said both characters were clothed and did not actually kiss; the footage of a dog lifting its leg onto the corner of the bed also added to the silliness and comedy of the ad.

Clearcast said they had noted the couple on the bed but they were not kissing and therefore they considered a timing restriction was not necessary, because they did not believe the ad would cause serious or widespread offence.

ASA Assessment: Complaints Not Upheld

1. Not upheld

The ASA considered the presentation of the ad was such that it was clear that it was for a videogame and that the scenarios shown were not a reflection of real life. We acknowledged some viewers might find the content of the ad, in particular the scene of the couple on the bed, distasteful but considered most viewers were likely to interpret it as being light hearted and mildly suggestive, rather than as being overtly sexual. We therefore concluded that it was not likely to cause serious or widespread offence.

On this point, we investigated the ad under BCAP Code rule 4.2 (Harm and offence) but did not find it in breach.

2. Not upheld

We considered the scene of the couple on the bed was mildly suggestive but noted it was brief and that although they appeared about to kiss, kissing did not take place. We considered the ad did not include anything that was likely to cause harm or distress to children or was otherwise unsuitable for them. We therefore concluded that the ad did not breach the Code.

On this point, we investigated the ad under BCAP Code rule 32.3 (Scheduling of television and radio advertisements) but did not find it in breach.

Guy Parker, the chief executive of the Advertising Standards Authority (ASA), has highlighted a 40%rise in complaints to the advert censor. He said in excess of 20,000 campaigns provoked complaints to the ASA in 2011.

Parker said the UK was now responsible for more complaints over advertising than the rest of Europe put together:

They say that British people don't complain. They don't complain face-to-face... but they don't mind complaining remotely. Now far more than half of all the complaints made to advertising regulatory bodies in all 27 EU member states are made by the UK public to us, it's 60-65 per cent.

Parker, giving evidence to Lord Justice Leveson's inquiry into media standards, said that it was not in the interest of British business for there to be mistrust in advertising:

Trust in advertising has been declining for a number of years and this is not good news. [If] people trust individual ads less...then companies' advertising spend is going to be less effective.

The surge in the ASA's workload in the past year has been due partly to an extension of the censor's remit on 1 March to include claims made on company websites. The ASA workload rose by 44%in the following seven months, and 36% of the cases related to websites. The ASA has taken on a dozen extra frontline staff to cope with the added complaints.

A website and a leaflet, for Healing on the Streets - Bath, viewed on 10 May 2011:

a. The website home page stated Our vision is to :- Promote Christian Healing as a daily life style for every believer, through demonstration, training and equipping. We are working in unity, from numerous churches outside the four walls of the building, In order to :- - Heal the sick ....

A page headed What people have told us afterwards ... included five testimonials in which people stated that after receiving prayer their conditions had been improved.

b. The leaflet was available for download on the website under the heading Download a healing flyer by clicking below. The leaflet stated NEED HEALING? GOD CAN HEAL TODAY! Do you suffer from Back Pain, Arthritis, MS, Addiction ... Ulcers, Depression, Allergies, Fibromyalgia, Asthma, Paralysis, Crippling Disease, Phobias, Sleeping disorders or any other sickness? We'd love to pray for your healing right now! We're Christian from churches in Bath and we pray in the name of Jesus. We believe that God loves you and can heal you from any sickness. Issue

A complainant challenged whether:

1. the claim in ad (b) that the advertiser could heal the named conditions was misleading and could be substantiated;

2. the testimonials in ad (a) misleadingly implied that the advertiser could heal the conditions referred to; and

3. the ads were irresponsible, because they provided false hope to those suffering from the named conditions.

4. The ASA challenged whether the ads could discourage essential treatment for conditions for which medical supervision should be sought.

ASA Assessment: Complaints Upheld

1., 2. & 3. Upheld

The ASA acknowledged that HOTS sought to promote their faith and the hope for physical healing by God through the claims in their ads. However, we were concerned that the prominent references in ad (b) to healing and the statement You have nothing to lose, except your sickness in combination with the references to medical conditions for which medical supervision should be sought such as arthritis, asthma, MS, addictions, depression and paralysis, could give consumers the expectation that, by receiving prayer from HOTS volunteers, they would be healed of the conditions listed or other sicknesses from which they suffered. We also considered that the testimonials in ad (a) could also give consumers that expectation, and furthermore, noted that a video on the website also made claims that HOTS volunteers had successfully prayed for healing for people with cancer, fibromyalgia, back pain, kidney pain, hip pain, cataracts, arthritis and paralysis. We noted the testimonials on the website and in the video but considered that testimonials were insufficient as evidence for claims of healing. We therefore concluded the ads were misleading.

We acknowledged that HOTS volunteers believed that prayer could treat illness and medical conditions, and that therefore the ads did not promote false hope. However, we noted we had not seen evidence that people had been healed through the prayer of HOTS volunteers, and concluded that the ads could encourage false hope in those suffering from the named conditions and therefore were irresponsible.

We acknowledged that HOTS had offered to make amendments to the ads, and to remove the leaflet from their website. However, we considered that their suggested amendments were not sufficient for the ads to comply with the CAP Code.

On these points, ads (a) and (b) breached CAP Code rules 1.3 (Social responsibility), 3.1 and 3.6 (Misleading advertising), 3.7 (Substantiation), 3.47 (Endorsements and testimonials), 12.1 and 12.6 (Medicines, medical devices, health-related products and beauty products).

4. Upheld

We understood that HOTS volunteers were instructed to give a letter to the recipients of prayer which told them they should not stop taking their medication or following the advice of medical professionals. We also noted their offer to add a prominent reference along the lines of that letter to their website. However, we considered that, because both the leaflet and the website made claims that through the prayer offered by HOTS volunteers people could be healed of specific medical conditions for which medical supervision should be sought such as arthritis, asthma, MS, addictions, depression and paralysis, the ads could discourage people, and particularly the vulnerable or those suffering from undiagnosed symptoms, from seeking essential treatment for medical conditions for which medical supervision should be sought. We concluded the ad breached the Code.

On this point, ads (a) and (b) breached CAP Code rule 12.2 (Medicines, medical devices, health-related products and beauty products). Action

The ads must not appear again in their current form. We told HOTS not to make claims which stated or implied that, by receiving prayer from their volunteers, people could be healed of medical conditions. We also told them not to refer in their ads to medical conditions for which medical supervision should be sought.

HOTS Bath official response

From hotsbath.org

We are disappointed with the ASA's decision, and will appeal against it because it seems very odd to us that the ASA wants to prevent us from stating on our website the basic Christian belief that God can heal illness.

The ASA has even demanded that we sign a document agreeing not to say this, which is unacceptable to us - as it no doubt would be for anyone ordered not to make certain statements about their conventional religious or philosophical beliefs.

All over the world as part of their normal Christian life, Christians believe in, pray for and experience God's healing; our ministry, in common with many churches, has been active in praying for God's healing (of Christians and non Christians) for many years.

Over that time the response to what we do has been overwhelmingly positive, and we find it difficult to understand the ASA's attempt to restrict communication about this. Our website simply states our beliefs and describes some of our experiences.

We tried to reach a compromise, recognising some of the ASA's concerns, but there are certain things that we cannot agree to -- including a ban on expressing our beliefs.

The ASA originally received four complaints about Urban Tiger's poster ad in August 2011. The ASA Council considered the ad in early September, and concluded that the ad was unlikely to cause serious or widespread offence, would not be seen as objectifying women and would not be likely to cause harm to children.

On 7 October 2011, the ASA issued new [more restrictive] guidance on sexual imagery in outdoor advertising. In accordance with that new guidance, we are considering Urban Tiger's ad again in light of the new complaint we have received.

A poster, for a lap dancing club, viewed on 14 October 2011, was headed URBAN TIGER GENTLEMAN'S CLUB NORTHAMPTON'S FINEST LAPDANCING CLUB - Luxurious table dancing venue - Stag Parties & special events - Corporate entertainment. To the right-hand side of the poster was an image of a woman wearing a sheer white dress cut to the waist. Her hair covered her cleavage. She sat side-on, facing to the left, and leant back slightly on her left arm. Her right arm rested on her left knee. Her legs were exposed from the thigh down. Issue

The complainant challenged whether, given its content and the nature of the advertised venue, the ad was unsuitable for display close to a primary school where it could be seen by children.

Urban Crowd said that they believed the ASA might have received a complaint about the ad not because of its content, but because the complainant might object to the type of business it was advertising. They said they were very conscious of objections to the nature of their business and as a result were sensitive about the content of their advertising, and it was their policy to avoid using images which were too revealing or controversial. They said they believed the ad in question followed that policy; it advertised their business but the model was wearing a significant amount of clothing and was not in a pose that could be considered sexual. They said poster ads advertising products such as underwear and deodorant often featured models wearing less clothing. They added that they also believed there was nothing in the text of the ad which was offensive.

Urban Crowd said the ad in question was on a major road which was two streets, and approximately 400 metres away, from the entrance to the school the complainant had mentioned. They thought the location was not one where all the children would see it as they arrived or departed from school.

Clear Channel, who owned the poster site, said they had placed a restriction on the ad so that it would not be displayed within 100 metres of schools. They said that the ASA had reviewed the ad in September 2011 after receiving complaints, but had concluded that no further action was warranted. They said that for those reasons they considered the ad was in compliance with the newly established rules following the Bailey Report into the commercialisation and sexualisation of childhood.

ASA Assessment: Not upheld

The ASA acknowledged that in the context of an ad for a lap dancing club, it was likely that most images of women would be interpreted to be at least mildly sexual because of the nature of the service advertised. However, we noted the Code stated that the fact that a product was offensive to some people was not grounds for finding a marketing communication in breach of the Code. We therefore considered the ad on the basis of the image, the text and the ad's overall impression.

We considered that the overall impression of the ad was that it was only mildly sexual. We noted the text that described the club used non-sexual language and considered that the woman's stance was not sexually suggestive. We noted that although the woman's dress was cut to the waist, her hair completely covered her cleavage and considered that although she was leaning back she was not arching her back in a sexually provocative way. For those reasons, we considered the ad was only mildly sexual and was unlikely to cause serious or widespread offence or be seen as socially irresponsible. However, we welcomed the policy Urban Tiger had in place with regard to the placement of their ads, and Clear Channel's decision to impose a restriction to ensure that the ad would not be displayed within 100 metres of a school.

We investigated the ad under CAP Code rules 1.3 (Irresponsible advertising) and 4.1 (Harm and offence), but did not find it in breach.

The ASA is now investigating Snickers' digital advertising campaign - in which Ferdinand, Price, Ian Botham and X Factor finalist Cher Lloyd posted messages on Twitter promoting the chocolate bar. They all received payment from the chocolate bar company to do so.

The ASA is now investigating whether the celebrities' first teaser tweets should have indicated that they were part of an advert and whether the final reveal tweet alongside of themselves holding the chocolate, made it clear enough that the tweet was an advert.

The promotion of the chocolate bar via Twitter also ignores the Office of Fair Trading's advice that celebrities should make it clear when they promoting or endorsing a product. The OFT has warned companies that deceptive advertising has to stop. An OFT spokesman said: Online advertising and marketing practices that do not disclose they include paid for promotions are deceptive under trading laws.

A magazine ad, for the clothing brand Bench, appeared in the spring 12 issue of Drapers Streetwear. It featured young people, who were on sofas in a backstage setting. There were crushed cups on the floor and various items, including more cups, drinks cans, fruit, bottled water and unlabelled alcohol bottles, were shown on a coffee table.

A complainant challenged whether the ad was irresponsible, because she believed it was likely to appeal particularly to people aged under 18.

ASA Decision: Complaint not upheld

The ASA noted the ad included scenes from a backstage setting, which we considered were likely to appeal to under-18s who saw it, by being associated with youth culture. We also noted, however, the ad appeared in a trade-specific publication that was targeted at those aged over 18 years. We considered it was unlikely that under-18s would see the ad and therefore that its appeal to that age group was limited by it being targeted. Because it was not directed at people under 18, we concluded that the ad did not breach the Code.

We investigated the ad under CAP Code rules 1.3 (Responsible advertising) and 18.1, 18.14 and 18.15 (Alcohol) but did not find it in breach.

ASA has unveiled a new logo following a rebrand to coincide with the start of a year in which it celebrates 50 years of what it likes to consider as keeping UK advertising legal, decent, honest and truthful.

The ASA was established on 24 September 1962 to regulate non-broadcast advertising. Since then the remit has been extended to TV + radio ads and more recently to cover online ads.

The ASA will be marking this milestone through a variety of activities over the next 12 months.

The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) are the bodies responsible for writing and revising the rules in the UK Advertising Codes.

CAP and BCAP have made changes to the UK Advertising Code rules relating to the advertising of post-conception advice services (PCAS). PCAS offer a range of services to women, including for example advice on health and well-being, provision of ultrasound services, as well as advice about women's choice to continue with their pregnancy or to have a termination.

NHS-accredited PCAS must provide a full range of impartial advice to women about all available options including termination, for which treatment they may refer women in some cases. Other advice services also operate, which for various reasons, some ethical or religious, do not refer women for termination.

In 2009, CAP and BCAP conducted a thorough review of advertising rules in this area. BCAP saw no reason to maintain difference in regulation between radio and television for PCAS: nor did it see a justification for discriminating between commercially and not-for-profit based service providers. Moreover, on the grounds of public health, it proposed a new rule to protect potentially vulnerable women from being misled by advertisements.

BCAP then initiated a public consultation over their proposals:

• To allow commercial providers of PCAS to advertise on television, subject to the same rules that applied to non-commercial PCAS providers, who could already advertise on TV.
• Removing the radio rule permitting advertising only by those Family Planning Centres (FPCs) with local authority or NHS approval.
• Extending an existing radio rule to television, requiring medical and health advice services to provide suitable credentials before being able to advertise;
• Introducing a new rule to require services offering post-conception advice on pregnancy that do not directly refer women for a termination to make that fact clear in their advertisements.

The outcome from the consultation resulted in the new rules:

Broadcasting code rule 11.11.1:

Advertisements for services offering advice on unplanned pregnancy must make clear in the advertisement if the service does not refer women directly for a termination. Given that terminations are lawful only in some circumstances, and are subject to particularly stringent requirements in Northern Ireland, advertisers may wish to seek legal advice before advertising. The UK

Non-broadcast Advertising, rule 12.24:

Marketing communications for services offering advice on unplanned pregnancy must make clear if the service does not refer women directly for a termination. Given that terminations are lawful only in some circumstances, and are subject to particularly stringent requirements in Northern Ireland, marketers may wish to seek legal advice.

The new rules take effect on 30 April 2012.

A TV ad, for a Lady Gaga CD, Born This Way, featured clips from various music videos including shots of the singer dressed in stockings, suspenders and body harness, crouched on the ground in the same costume, and sensually rubbing her bare stomach with her hands.

The ad was cleared by Clearcast who considered a timing restriction was not necessary.

A viewer, who saw the ad with her children, aged four to 16 years, challenged whether the ad was suitable to be broadcast when children might be watching.

Universal Music said the ad was a compilation of clips from Lady Gaga videos, which were frequently aired on high rotation across UK music channels at all times of the day and therefore did not believe that a timing restriction was necessary. They said they scheduled the ad in programmes aimed at their target audience of 16 to 44 year-old women.

ASA Assessment: complaint not upheld

The ASA understood that the ad consisted of clips from Lady Gaga promotional videos and noted that although the images featured the singer's trade mark outrageous costumes and performance style the majority of the clips were not overtly sexual. However, we noted the opening clip of the singer crawling on the floor with her cleavage in full view, and clips of Lady Gaga slowly rubbing her stomach with her hands, and of her kissing the floor were stronger, albeit brief, images. Although we considered that the images were suitable for a more general audience, we considered that a timing restriction would have been appropriate in order to keep the material away from programmes commissioned for, principally directed at or likely to appeal particularly to children. However, we noted Universal Music had specifically scheduled the ad in and around programmes that would appeal to their target audience of 16- to 44-year-old women.

Because the ad had been carefully scheduled, reducing the likelihood of children seeing it, we concluded that the scheduling had not breached the Code.

We investigated the ad under BCAP Code rule 32.3 (Scheduling), but did not find it in breach.

A poster promoting an album by a rock band, seen in October 2011, showed an image of a woman leaning back with her eyes closed. She was shown wearing a skimpy halter-neck outfit which covered her nipples but left her stomach and the bottom of her breasts uncovered. Her right hand was placed by her crotch and she was holding a string with two silver balls attached, which dangled between her legs. The band's name appeared in the middle of the image and beneath it, large text stated BALLS OUT.

Underneath, the ad showed an image of the four members of the band and text which stated THE NEW ALBUM UNLEASHED FOR HALLOWEEN... Issue

Imkaan, a charity devoted to raising awareness and offering support to women from ethnic backgrounds who were victims of abuse and violence, and four members of the public challenged whether the ad was:

1. offensive, because they considered the image of the woman was demeaning and overtly sexual in its nature.

2. Imkaan and three of the members of the public also challenged whether the ad was unsuitable for public display where it might be seen by children.

Universal Island Records, a division of Universal Music Operations Ltd said that the poster depicted the album cover for the rock band, Steel Panther who were a pastiche of an 80s heavy metal band who took their inspiration from bands such as Whitesnake and Bon Jovi. The band's stage performance and persona were very tongue in cheek, nothing about them was serious and their concept was a send-up of the typical 80s band, although their music was new and original. They said the poster was designed to have a retro 80s look which was not done seriously and poked fun at the ridiculousness of the attitude to women, outfits and music in that era. The poster was meant to be ludicrously over the top and not meant to undermine women.

ASA Assessment: Complaints Upheld

The ASA noted Universal Island Records' argument that the poster was not meant to cause offence or be seen as demeaning to women. However, we considered that the main image on the poster was overtly sexual. We noted that the pose of the woman showed her with her legs apart, her hand between her legs and her breasts partially exposed and considered that her facial expression was suggestive of an orgasm and sexual activity. In addition to this, we considered that the album title Balls Out was sexually suggestive particularly when viewed in the context of the poster, where the woman was seen dangling two silver balls between her legs in a way that we considered was suggestive of male genitalia.

We noted Universal Island Records' argument that the poster was meant to be viewed humorously and not to be taken seriously as it was meant to represent the over-the-top image of the band featured in the poster. However, we considered that most people would not view the poster in this way and even if they had viewed it in that context, the poster was overtly sexual when taken as a whole. Given its placement in a range of public locations, we concluded that it was likely to cause serious and widespread offence, was unsuitable to be seen by children and therefore was not appropriate for outdoor advertising.

The poster breached CAP Code rules 1.3 (Social responsibility) and 4.1 (Harm and offence).

A TV ad, for the cinema release of the remake Conan the Barbarian, viewed on the Dave channel on 23 August 2011. The ad showed a number of clips from the film. The opening scenes included a man pulling back the hair of two women, and Conan handling swords and jumping up to punch another character in the face. The ad then showed various battlefield and one-on-one fighting scenes, which included a man being stabbed in the back; a man using a sword to slice through an opponent; a man riding a horse and stabbing an opponent; a man being thrown to the ground and wounded; another man getting stabbed in the back with an axe; a woman getting scratched in the face; and someone being hit and then a severed head falling on the ground. The images concluded with Conan stabbing a character in the stomach, and then cutting another character's nose off with a sword. On-screen text appeared at intervals throughout the ad that stated THIS SUMMER ... VENGEANCE ... IS UNLEASHED ... CONAN THE BARBARIAN ... IN CINEMAS NOW. A voice-over concluded the ad by stating Conan the Barbarian, in cinemas now.

Four complainants challenged whether the images of mutilation, blood and decapitation shown in the ad were offensive and inappropriate for broadcast because of the extreme violence portrayed.

Clearcast responded on behalf of Lions Gate UK Ltd. They said they saw in excess of 60 edits of the ad which were considered on their individual merits. They said the ad was given a post-11pm scheduling restriction, limiting the likelihood of it being seen by individuals likely to be shocked or unaware that programming, and ads broadcast at that time, might have more violent content than those broadcast earlier.

Clearcast said that the film was not gritty, urban realism but rather clearly set in the fantasy genre and although the shots were bloody, they did not linger, were brief and were fired off in quick succession, and therefore viewers were likely to be more tolerant of the elements of gore in the ad and it was therefore unlikely to cause widespread offence.

ASA Decision: Complaints not upheld

The ASA noted that Clearcast applied a post-11pm restriction and the ad was shown in accordance with those restrictions. Although we noted that the ad showed the characters fighting and was gory in content, we considered that the setting was fantastical and as such, the scenes in the ad were removed from reality. We considered that the scenes in the ad were very violent, but also considered that the ad reflected the stylised battlefield scenes in the film. Whilst we considered that the ad was unlikely to suit everyone's taste, because it was broadcast after 11pm, we concluded that it was unlikely to promote violence or cause widespread offence to viewers at that time.

We investigated the ad under BCAP Code Rules 1.2 (Responsible advertising), 4.2 (Harm and offence) and 32.1(Scheduling) but did not find it in breach.

A Facebook ad and a flyer, for a student club night at Eat My Disco in Sheffield, seen on 12 September 2011, stated GET LAID! EVERY TUESDAY AT REPUBLICA 20TH SEPT FRESHERS SHUTTER SHADES RAVE! FREE SHUTTER SHADES FOR ALL!. Text in a pink circle stated ?1.50 DRINKS ALL NIGHT. The ad featured a variety of pictures of young people in the club including one of a woman wearing a cropped top and shorts. A speech bubble coming from her shorts had text which stated YOU'RE GOING TO GET LAID!.

1. A complainant, who believed the ad depicted people under 16 years of age, challenged whether the ad was offensive and irresponsible because it sexualised children.
2. The ASA challenged whether the ad, which referred to alcohol, breached the Code because it: linked alcohol with sexual success and sexual activity; and
3. featured people under 25 years of age in significant roles.

1. Eat My Disco (EMD) said nobody under the age of 18 years of age was shown in the ad. They said the pictures used were taken at their previous events where strict ID checks were in place and believed that no one featured appeared to be under 16. They said, however, the speech bubble coming from the girl's shorts was an error and should have been shown coming from her mouth.

2. EMD said the campaign did refer to cheap drinks prices, but at no point did it link the drinks to sexual success. They argued that the drinks prices on the literature appeared only as a standalone piece of information and that the ad did not imply in any way that, by drinking, people would become more attractive or find the opposite sex more attractive.

3. EMD reiterated that nobody under the age of 18 was shown in the ad. They said they had previously been unaware of the requirement in the Code regarding under-25s in alcohol ads but would ensure that they complied with it in future.

ASA Decision

1. Not upheld

The ASA noted the complainant's concerns about the suggestive nature of the ad and the age of the people featured. While we took those concerns seriously we considered that, although the women were obviously young, they did not appear to be under 16 years of age and, in the context of the nightclub scenario shown, were likely to be seen as young adults by the majority of readers. We therefore considered that the ad neither depicted nor sexualised children and was not irresponsible.

We noted that the ad had appeared on a Facebook page accessible only to fans of EMD and had been distributed as a flyer in student unions and halls and considered that the vast majority of recipients would be adult students who could choose whether or not to accept the flyer. Although we considered that the statements GET LAID! and You're going to GET LAID! were clearly sexual references, we noted that the ad did not contain any sexual imagery or graphic content and considered that its content, while likely to be distasteful to some, was unlikely to cause serious or widespread offence to the student audience at whom it was targeted.

On this point we investigated the ad under CAP Code rules 1.3 (Responsible advertising) and 4.1 (Harm and offence) but did not find it in breach.

2. Upheld

We considered that the statements GET LAID! and You're going to GET LAID! were clearly intended to be humorous references to attending the event with a view to finding a sexual partner. We noted that the ad also stated £1.50 DRINKS ALL NIGHT and we considered that, by including a reference to alcohol alongside the sexually suggestive text, the ad breached the Code by linking alcohol with sexual success and sexual activity.

On this point the ad breached CAP Code rule 18.5 (Alcohol).

3. Upheld

We noted that the Code required that marketing communications for alcoholic drinks and marketing communications that feature or refer to alcoholic drinks should not show people who were, or appeared to be, under 25 years of age in a significant role. We noted, however, that the ad included the price for alcoholic drinks at the event and considered that the majority of the people pictured in the ad featured prominently and looked under 25. We noted that EMD could only provide an assurance that the people were over 18. We therefore concluded that the ad breached the Code on this point.

On this point the ad breached CAP Code rule 18.16 (Alcohol).

A poster advertising lingerie, seen on the side of buses in early November 2011, stated Introducing Naked Glamour Calvin Klein Underwear and featured five images of a model wearing a bra and briefs.

The complainant, an Orthodox Cherdi Jew, objected that:

1. the ad was offensive to the large Orthodox Jewish population of Stamford Hill, whose religious beliefs required them not to see images of women wearing only underwear;

2. it was irresponsible to display the ad in untargeted media in public as it would be seen by children.

Calvin Klein said they did not believe that the ad was offensive or socially irresponsible. They said the ad merely featured the product, their underwear range, being worn by a model. They believed it was reasonable to feature models wearing underwear when advertising these products, and that the ad was neither sexually suggestive nor overtly sexual. They also said their media vendor had not believed that the ad fell into the risky category, and had been happy for the ad campaign to proceed.

ASA Decision: Complaints not upheld

1. Not upheld

The ASA noted that there was no explicit nudity in the images, and that the ad was for an underwear range. We considered that the nature of the product meant that viewers of the ad were less likely to regard the ad as gratuitous or offensive, and noted that the poses of the model were natural. We considered that the ad might be viewed by some as mildly sexual in nature, as the underwear featured in the largest image appeared sheer in nature, and the product name Naked Glamour was featured. However, although we recognised that some people with strongly held religious views may find the ad distasteful, we did not consider that the ad was likely to cause widespread offence or serious offence to those with religious views.

On this point we investigated the ad under CAP Code rule 4.1 (Harm and offence) but did not find it in breach.

2. Not upheld

We noted the complainant's concerns that this ad, displayed on buses, was likely to be seen by children. We considered that the ad may be viewed by some as mildly sexual in nature, as the underwear featured in the largest image appeared sheer in nature, and the product name Naked Glamour was featured. However, we did not consider that the images were overtly sexual, and considered that the ad was acceptable for use in outdoor media likely to be seen by children. We therefore concluded that the ad was not socially irresponsible.

On this point we investigated the ad under CAP Code  rule 1.3 (Social responsibility) but did not find it in breach.

An internet video ad, for the 12A rated film Abduction, was viewed on YouTube on 15 September 2011. It appeared before an animated clip called The Duck Song and included action sequences that involved shooting, vehicle chases, punching, a couple kissing and a man who kicked his way through a glass window. The voice-over stated, An assassin wants him dead ..., which also appeared in text on screen.

A complainant, whose two-year-old saw the ad, challenged whether it was irresponsible, because she believed it was inappropriate to be shown during a video that was addressed to children.

Lions Gate UK Ltd (Lions Gate) said the film Abduction was rated 12A. They said they expected viewers of YouTube to be aged 13 years or over and that YouTube had accepted the online ad and scheduled its appearances. They said the TV version of the ad had been cleared by Clearcast with an ex-kids restriction and the online version was substantially the same. Lions Gate said they worked hard to avoid causing offence or distress to viewers.

YouTube said they were not able to verify whether the ad had appeared before The Duck Song clip. They said it must have appeared on a YouTube partner page, however, because those were the only pages on which advertising could appear. They said if content on partner pages was flagged as being suitable only for adult users, no ads would appear. YouTube said their terms of service meant that viewers must be aged 13 or over and stated If you are under 13 years of age, then please do not use the Service. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you. They said if viewers aged under-13 viewed the site regardless, there was a risk they would see content or ads that were not suited to children under the age of 13. They said the exact ads they saw would depend on a number of factors, including whether the parent had signed into their YouTube account before viewing, whether they had enabled safe search on their account and what targeting methods the advertiser had used when they placed their ad.

They said there were other methods of targeting for advertisers who wanted their ads to reach as many consumers as possible; for example a banner ad at the top of the homepage or First Watch ads, which allowed advertisers to run an ad so it was seen only once by a user visiting a YouTube partner page on any given day. Those ads could appear on any partner page. However, all advertisers were contractually obliged to make sure the ads were family safe and complied with all terms and conditions and YouTube ad policies, including, for First Watch ads, the more restrictive policy that was specific to the home page. YouTube double-checked compliance with the home page policy before accepting ads via First Watch. They said the Lions Gate ad was placed via First Watch and therefore it could appear to any YouTube user, regardless of whether or not they had logged in. They said they considered the ad to be family safe because although the scenes were cut quickly and much of the filming was dark and suggestive, there was no explicit violence, no blood or scenes of death, no shooting victims (only sounds of shots fired) and no adult language or explicit sexual content.

They said the website was merely a platform and they were not responsible for the content of videos or ads that might appear. It was for advertisers to ensure their ads were targeted appropriately, and partners who did not want ads, including First Watch ads, to appear against content they uploaded did not have to do so. They said they were always willing to listen to comments and suggestions from their users, who could report ads they felt violated their community guidelines or ad policies.

ASA Decision: Complaint Upheld

The ASA noted the ad reflected the content of an action film. We considered, however, it included some scenes, in particular those of shooting, explosions and punching, that were unsuitable for younger children. We noted that in order to create a YouTube account, users were required to confirm that they were at least 13 years old. We also noted, however, material on the site could be viewed without logging in and therefore it was not possible to prevent under-13-year-olds from viewing material. We noted that users could also be unaware of that policy. We also noted that information YouTube provided indicated to potential advertisers that, based on US figures from 2010, they understood seven per cent of unique visitors to be aged two to eleven and a further nine per cent to be aged 12 to 17, with those audiences described as having 39% and 61% Reach of Online Universe respectively. We acknowledged that data was relevant to a different market but considered it nevertheless indicated that children were likely to view footage, and therefore ads, on YouTube. We noted YouTube offered advertisers the option of age-gating their marketing material, whereby the ad was targeted via the date of birth registration held for users; only users who were logged in and met the relevant age criteria would see such an ad. We considered the The Duck Song clip during which the ad appeared, was likely to appeal to children and noted the ad was served in such a way that it could be viewed by all YouTube users, even if they had not logged in. Because it included scenes that were unsuitable for younger children and it could be viewed by all YouTube users, we considered the ad was inappropriately targeted. We therefore concluded that it breached the Code.

The ad breached CAP Code rules 1.3 (Responsible advertising) and 5.1 (Children). Action

The ad must not appear again in its current form. We told Lions Gate to ensure that future marketing communications addressed to, targeted directly at or featuring children contained nothing that was likely to result in their physical, mental or moral harm.

The Advertising Standards Authority (ASA) has dismissed a complaint from the National Secular Society which had accused the ASA of unreasonably restricting freedom of expression by banning advertisements too readily if they risk offending even a few believers.

In a long justification of its enforcement of the Code of Advertising Practice, the wording of which the NSS also attacked, James Best, chairman of the CAP, refused to accept any of the NSS's points about its banning of ads that poke even mild fun at religion.

The complaint arose from the banning of a series of advertisements from the ice cream company Antonio Federici, which, in the ASA's word were offensive, because they believed they mocked Catholicism.

Keith Porteous Wood, Executive Director of the National Secular Society, said:

When the adverts were banned, the NSS said that the ASA was introducing a new sort of blasphemy law through the back door. This response from the ASA gives us no reason to change that opinion. When did it become illegal to satirise Catholicism?

We have become increasingly concerned about an unreasonable deference to religion by the ASA. We were particularly irked by the banning of the ice cream ads, one of which (in the ASA's own words) showed two priests in full robes who looked as though they were about to kiss. One of the men also wore rosary beads and held a spoon in his hand; the other held a tub of ice cream. The ad included text that stated We Believe in Salivation.

The advertisements were ruled by the Authority to have breached the Code of Advertising Practice (CAP) and the number of complainants is often pitifully small, just six in the case of the priests and ice cream ad.

The Code of Advertising Practice includes the ruling that ads:

should contain nothing that is likely to cause serious or widespread offence. Particular care should be taken to avoid causing offence on the grounds of race, religion, sex, sexual orientation or disability.

The NSS complained last year to the ASA, and a high level meeting was arranged between the ASA's chair, Lord Smith of Finsbury (supported by senior executives), and Keith Porteous Wood and NSS senior campaigns officer, Tessa Kendall.

Wood said:

We emphasised the importance of freedom of expression and pointed out that one of their adjudications had recently been overruled by the courts on grounds of freedom of expression. Ironically, the case had been brought by a fundamentalist church, in respect of the banning of its advert criticising Gay Pride parade inBelfast. The ad was headlined 'The word of God against sodomy' and invited those who opposed the parade to meet peacefully.

The NSS is now considering its next step.

a. A TV ad for broadband, viewed on 12 September, featured a toy family in a dolls house, guarded by a row of toy soldiers. The voice-over said, Talk Talk homes have the UK's safest broadband thanks to HomeSafe, free for all customers. No wonder thousands of homes join Talk Talk every day. Talk Talk, a brighter home for everyone.

b. A poster for broadband, viewed on 19 September, stated The UK's safest broadband is now £3.25 a month and Includes HomeSafe, the UK's first and only network level security.

c. A national press ad for broadband, viewed on 28th August, stated The UK's safest broadband £3.25 a month. Our great value phone and broadband gives you all this: Half price for 9 months then £6.50 a month for the remaining 3 months. Our ground-breaking new security service, HomeSafe is free to all customers .... Issue

British Telecommunications (BT) and two members of the public challenged whether the claim UK's safest broadband made in ads (a), (b) and (c) was misleading.

ASA Decision: Complaints Upheld

The ASA acknowledged that TalkTalk were the only home broadband provider to offer security features that were applied at the network level, rather than to individual devices. We noted that HomeSafe offered three features: content restriction, which allowed parents to restrict access to inappropriate websites; virus alerts, which alerted users if they viewed a suspect website; and a feature which allowed parents to restrict access to social networking and gaming sites during certain times of the day. We noted that most other broadband providers supplied security packages to their customers, and that these required software to be downloaded on each individual computer it was to be applied to, and that they were only able to be used on personal computers running Windows operating systems.

We noted that TalkTalk believed that the claim Talk Talk homes have the UK's safest broadband was accurate as it was based on their being the only broadband provider to offer network level security. However, we considered that the claim implied that customers would enjoy the safest online experience when using TalkTalk broadband. We also considered that the images shown in the ad reinforced this impression, as a father was pictured relaxing in an armchair whilst two children used the internet, giving the impression that using TalkTalk meant the actual online experience was the safest. We considered that customers could interpret safest as referring to a number of features, such as virus protection or protection from hacking, and that Home Safe only offered a basic range of security features. We did not consider that consumers would interpret safest as referring to blocking of inappropriate content, and restricting access to certain sites at certain times. As Talk Talk were not able to substantiate that customers would enjoy the safest online experience with them, we concluded ad (a) was misleading.

We noted that ad (b) stated Includes HomeSafe, the UK's first and only network level security. However, we did not consider that consumers would interpret this as being the full basis for the claim UK's safest broadband, as the word includes implied that it was only part of a fuller package. We also considered consumers were unlikely to understand what network level security meant, as it was not a commonly used term in home broadband, and that it could be easily misinterpreted to refer to other features such as the security of the wireless connection. We considered that the claim implied that customers would enjoy the safest online experience when using TalkTalk broadband, and that the qualification used did not sufficiently counteract this impression. As Talk Talk were not able to substantiate that customers would enjoy the safest online experience with them, we concluded ad (b) was misleading.

We noted that ad (c) stated Our ground-breaking new security service, HomeSafe is free to all customers. However, we considered that the ad did not make it clear that this was the basis for the claim UK's safest broadband, and that the ad did not provide any details of the features provided by HomeSafe. We considered that the claim implied that customers would enjoy the safest online experience when using TalkTalk broadband, and that the qualification used did not sufficiently counteract this impression. As Talk Talk were not able to substantiate that customers would enjoy the safest online experience with them, we concluded ad (c) was misleading.

Ad (a) breached BCAP Codes rules 3.1 (Misleading advertising), 3.9 (Substantiation) and 3.38 (Other comparisons).

Ads (b) and (c) breached CAP Codes rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 3.38 (Other comparisons). Action

The ads must not appear again in their current form. We told TalkTalk to ensure that the basis for comparative claims was made clear in future.

A circular for a club night at Riverside in Newcastle, delivered as a door drop in October 2011, featured an image of a woman crouching in front of a man with her buttocks on display from beneath her dress. Foam spurted from the man's crotch. Text stated every Wednesday TEQUILA come and swallow. A cartoon image of a mouth appeared in the top-left corner with the slogan dedicated to oral pleasure. The reverse of the circular featured the same image and additional text about the club night. A review stated A spirit-fuelled den of hedonism and debauchery. Other text stated Tequilas [sic] coming to Newcastle ... will you swallow? ... we are here for your pleasure and your pleasure alone ... Tequila is where your hottest and sexiest experiences will take place! What you can remember is sure to be one of your greatest memories of university. Newcastle ... get ready to be seduced. Issue

1. A complainant challenged whether the circular was offensive and unsuitable for an untargeted medium, where it could be seen by children.

The ASA challenged whether the circular:

2. condoned irresponsible consumption of alcohol; and

3. linked alcohol with sexual activity.

Stage One Events Inc. (Stage One Events) apologised that the circular had caused offence in the local community. They said that it had been put through doors in the local area over one weekend as part of a campaign to launch a new student event in a very diluted market. It was felt that this would help the business and would offer a new event to the students of Newcastle and add to the social life of those attending university in the city, whilst also creating jobs in a stagnant market.

ASA Decision: Complaints Upheld

1. Upheld

We noted Stage One Events' argument that they created the circular to launch a new business in the area. We considered, however, that the image on the circular was sexually explicit and noted that claims on the circular come and swallow and dedicated to oral pleasure were clearly intended as sexual innuendo. We considered the text on the reverse of the circular which promised the hottest and sexiest experiences and ended with the claim Newcastle ... get ready to be seduced were sexually suggestive. We concluded therefore that the circular was likely to cause serious and widespread offence and was not appropriate for an untargeted medium, where it could be seen by children.

On this point, the circular breached CAP Code rules 1.3 (Social responsibility) and 4.1 (Harm and offence).

2. Upheld

We noted that the CAP Code required marketing communications to contain nothing that was likely to lead people to adopt styles of drinking that were unwise, including excessive drinking. We considered however that there was a clear inference that excessive drinking was acceptable and condoned from anyone attending the event advertised in the circular. Aside from the fact that the event was called Tequila, named after a well-known high-strength spirit, we noted that the circular included an apparent quote from a newspaper which described the event as a spirit-fuelled den the inclusion of which we considered took a celebratory tone which highlighted the fact alcohol consumption was condoned. We also considered that the claim What you can remember is sure to be one of your greatest memories of university encouraged the excessive consumption of alcohol to the point where guests would be so drunk that they could not recall what they had done during the previous evening. Because of a clear association with alcohol and excessive drinking, we considered that the circular condoned irresponsible consumption of alcohol.

On this point, the circular breached CAP Code rule 18.1 (Alcohol).

3. Upheld

We noted that the CAP Code required marketing communications not to link alcohol with seduction, sexual activity or sexual success. We considered that the image on the front of the circular was sexually explicit and the accompanying text will you swallow, come and swallow and dedicated to oral pleasure was sexually suggestive. We further considered that the claims on the reverse of the circular Tequila is where your hottest and sexiest experiences will take place and Newcastle ... get ready to be seduced had sexual connotations. Because these claims and the image appeared in the circular which advertised an event which was heavily linked to alcohol consumption, gave details of drinks prices and was called Tequila, we considered that there was a link to sexual activity, and the circular gave out the message that drinking alcohol was preliminary to sex or made sexual activity very likely. We also considered that the newspaper quote a spirit-fuelled den of hedonism and debauchery condoned reckless and irresponsible sexual behaviour and alcohol consumption. Because of this, we concluded that the circular was irresponsible.

On this point, the circular breached CAP Code rule 18.5 (Alcohol).

A regional press ad for a Hustler Club UK which appeared on 15 September 2011 featured a blackboard, a pile of books on top of which sat an apple and a discarded bra. Text stated Back to school. JOIN OUR SCHOOL GIRL PARTY EVERY FRIDAY FOR FOUR WEEKS STARTING 23RD SEPTEMBER. SEE YOUR FAVOURITE HUSTLER HONEYS & STAFF IN THEIR SCHOOL UNIFORMS.

A reader challenged whether the ad was:

1. offensive and irresponsible because it promoted the idea of school children as sexual objects; and

2. unsuitable to appear in a publication which children might see.

ASA Decision: Complaints Not Upheld

1. Not Upheld

The ASA noted the reference to Back to school and associated school items such as books, a blackboard and an apple. We considered that in the context of the ad, the claim Join our school girl party which appeared in conjunction with the claim SEE YOUR FAVOURITE HUSTLER HONEYS & STAFF IN THEIR SCHOOL UNIFORMS was likely to be understood as referring to the Hustler staff as the ones dressed in school uniform. We noted that the ad did not feature any one dressed in school uniform. Whilst we understood that some readers may object to the choice of theme night, we considered that the ad would be unlikely to be seen as promoting school children as sexual objects. We concluded that the ad was not irresponsible and was unlikely to cause serious or widespread offence.

On this point, we investigated the ad under CAP Code rules 1.3 (Social responsibility) and 4.1 (Harm and Offence), but did not find it in breach.

2. Not Upheld

We noted the ad did not include any nudity, references to sexual activity and did not feature any one dressed in school uniform. We noted the readership figures of the publication and that it was mostly read by adults. Although we considered the ad was unlikely to be seen by children, we noted that it could attract the attention of some children because it was a full-page ad, that featured a blackboard and the text back to school and because it appeared shortly after the start of the new school term. In any case, we considered that children who saw the ad were unlikely to understand the nature of the adult service being advertised. We therefore concluded that the ad was unlikely to be seen by children and that the ad was not unsuitable for children to see.

On this point, we investigated the ad under CAP Code rule 1.3 (Social responsibility) but did not find it in breach.

Three posters for Pulse & Cocktails sex shops:

a. A large poster sited on a road in Hitchin, Hertfordshire, seen in September 2011, stated in large text SEXy ADULT STORE. An image next to the text showed a woman in a bunny girl outfit, posing with her finger to her open lips.

b. A large poster, which replaced ad (a) sited on a road in Hitchin, Hertfordshire, seen in October 2011, stated in large text SEXy ADULT STORE. An image next to the text showed a woman dressed in a French maid's outfit, holding a feather duster.

c. A large poster sited on a dual carriageway in Gateshead, Tyne and Wear, seen in October 2011, stated in large text SEXY SUPERSTORE. An image next to the text showed a woman dressed in a French maid's outfit, holding a feather duster.

Issues:

1. A member of the public and a local councillor challenged whether ad (a) was unsuitable to be seen by children.

2. The local councillor also challenged whether ad (a) was offensive.

3. A member of the public challenged whether ad (b) was offensive and unsuitable to be seen by children.

4. Two members of the public, who considered ad (c) was demeaning to women, challenged whether it was offensive and unsuitable to be seen by children.

Cocktails Ltd said that all their advertising was done in-house and they had used various forms of media including radio, press and billboard since starting the business in 1997. This advertising had always followed a similar format, promoting a sexy shopping theme, including their company name Pulse & Cocktails and also wording used on the store signage to describe the store as either a Sexy Superstore or a Sexy Adult Store instead of the traditional Sex Shop. They said they had always used the word sexy to describe their stores as it was less harsh than the word sex.

They said that the images used on their posters and in the press were of models dressed in fancy dress costume and these varied slightly, depending on the season and had ranged from a Bunny Girl costume, Miss Santa, a Sexy Maid and a Cow Girl. These costumes were not skimpy and were now so mainstream that they could be purchased from general, high street clothing stores and supermarkets. The images used in their advertising were direct from the costume manufacturers and in addition to the advertising, the costumes and images were displayed on their store windows and mannequins.

Cocktails Ltd said that their posters were intended to have a sexier edge because they were advertising their business but they were not intended to be offensive, demeaning to women or overtly sexual, so as to be harmful to children.

Cocktails Ltd stated that they selected the sites for the posters based on proximity to local stores and had not taken into consideration whether or not they were likely to be seen by children. Cocktails Ltd finished by saying that they had seven billboard campaigns at sites in Leeds, Hitchin, Cheltenham, Stoke-on-Trent, Newcastle and Gloucester, which were all within close proximity to one of their stores. These sites had run continuously for several years and had been chosen specifically because of their locations. They said that they did not run generic billboard campaigns randomly throughout the country and the posters advertised specific stores and were purely used for directional purposes to guide customers travelling by car, on to the correct road. '

ASA Assessment: 1, 2, 3 & 4 Not upheld

The ASA noted the complainants' concerns and we considered that the images on each poster were mildly sexual. We also noted that the text on posters (a) and (b) highlighted the letters SEX in the word SEXy and taking into account the service advertised on each of the posters along with the text and the images, we considered that the main message of the posters was of a sexual nature. However, we considered that the posters were not overtly sexual and were therefore suitable for outdoor advertising.

We did, however, consider that because the posters were of a sexual nature they were unsuitable to be seen by children and should be subject to a placement restriction and should therefore not appear within 100m of schools. In the case of each poster, we noted that this was already the case.

We investigated the posters under CAP Code rules 1.3 (Social responsibility) and 4.1 (Harm and offence) but did not find them in breach. Action