Background
Summary of Council decision:
Six issues were investigated, of which one was Upheld, two were Upheld in part, and three were Not upheld.
Ad description
Eleven TV ads, a radio ad, a poster and an internet display ad, for the film Texas Chainsaw 3D:
a. The first TV ad, which lasted 10 seconds, started with a record spinning followed by a close-up of a man’s hands holding a needle in front of a desk. On the desk was a set of false teeth, and a mirror which reflected the lower part of a man’s face. A clip showed a man pulling a mask over his face, followed by on-screen text which stated “IT’S HAPPENING AGAIN”. Footage showed a bloodied chainsaw being taken from a shelf, followed by a metal sliding door slamming shut. Text on a bloodied background stated “TEXAS CHAINSAW 3D”.
The ad was cleared by Clearcast with an ‘ex-kids’ restriction.
b. The second TV ad, which lasted 10 seconds, began with a voice-over which stated, “In 1974 one movie changed the face of horror. On January ninth a dark new chapter begins.” The voice-over was accompanied by footage of a record spinning, a man pulling a mask over his face, a bloodied chainsaw being taken from a shelf, and a close-up of a woman in a striped jumper lying on her back screaming, accompanied by the sound of a chainsaw. Text on a bloodied background stated “TEXAS CHAINSAW 3D.
The ad was cleared by Clearcast with an ‘ex-kids’ restriction.
c. The third TV ad, which lasted 10 seconds, began with swift footage of a box containing wires being opened, a close-up of a man’s hands holding a needle in front of a desk, a bloodied chainsaw being taken from a shelf, a man pulling a mask over his face, a women in a striped jumper, who looked frightened, running into a room, a figure with a chainsaw running through a crowded fairground at night, a figure silhouetted at the bottom of a flight of stairs and a close-up of the woman lying on her back screaming, accompanied by the sound of a chainsaw. A female voice said, "He was wearing a face, a human face" followed by a male voice-over which stated, “Tune in to Channel 4 on January fifth at ten twenty for an exclusive Texas Chainsaw trailer.” On-screen text at the top of the screen stated “This is an advertisement” followed by the Channel 4 logo and text which stated “DON’T MISS TEXAS CHAINSAW 3D ADVERTISING TRAILER January 5th at 22:20 on Channel 4”.
The ad was cleared by Clearcast with an ‘ex-kids’ restriction.
d. The fourth TV ad, which lasted 20 seconds, began with a young man and woman in a camper van. The woman pulled on a T-shirt as she said, “Do you know anything about this place?” and a female voice replied, “I inherited it”, as footage showed the camper van pulling up to a gate and driving through trees behind a young woman wearing a striped top. A female voice said, “Oh my God” as footage, from inside a house, showed two people opening the front door. On-screen text stated “THE MOST CELEBRATED ... HORROR FRANCHISE IN HISTORY ... LIVES ON”. A series of short clips, interposed between the text, showed: a man opening a creaking door; a bloodied chainsaw being taken from a shelf; and the woman in the striped top walking through the house, looking into a mirror and seeing the image of another woman over her own reflection. The woman was then shown asking a man in a bar “Who is he?” The man replied, “This town’s dirty little secret.” Further clips showed: a man with a chainsaw walking through a field towards a building, at night and the woman hiding behind a tree; a policeman standing in front of a house which was on fire; a vehicle being driven through the wall of a building where a woman and a man holding a spade were standing; a figure silhouetted at the bottom of a flight of stairs; the woman in the striped top standing in a room looking scared; and a metal sliding door slamming shut. Text on a bloodied background stated “TEXAS CHAINSAW 3D”.
The ad was cleared by Clearcast with an ‘ex-kids’ restriction.
e. The fifth TV ad, which lasted 10 seconds, began with a bloodied chainsaw being taken from a shelf. On-screen text stated “IT'S HAPPENING AGAIN”. A female voice said, "He was wearing a face, a human face" as footage showed a man pulling a mask over his face. Footage showed a women wearing a striped jumper, who looked frightened, running into a room, followed by a sparks flying off a chainsaw in a darkened room. The woman was then shown jumping into a coffin in an open grave, and the coffin lid closing. She was then seen lying on her back screaming, accompanied by the sound of a chainsaw. Text on a bloodied background stated “TEXAS CHAINSAW 3D”.
The ad was cleared by Clearcast with a post-7:30pm restriction.
f. The sixth TV ad, which lasted 20 seconds, for a Texas Chainsaw competition run by Channel 4, began with a woman in a striped top saying, “He was wearing a face, a human face.” Further clips showed: a box containing wires being opened; a close-up of a man’s hands holding a needle in front of a desk; a man pulling a mask over his face; a bloodied chainsaw being taken from a shelf; the woman in the striped top in a darkened room gesturing to another woman, who was crying, to be quiet; a man using a chainsaw to smash in the window of a vehicle; a man with a chainsaw running through woods at night; a woman screaming; sparks flying off a chainsaw in a darkened room; the women wearing the striped jumper, who looked frightened, running into a room; a figure silhouetted at the bottom of a flight of stairs; a vehicle being driven through the wall of a building where a woman and a man holding a spade were standing; a man and a woman running towards a building; a man with a chainsaw walking through a field towards a building at night; a man being hit; a policeman standing in front of a house which was on fire; a man shining a torch towards the viewer; a man using a chainsaw to cut through a wire fence; and the woman in the striped top standing against a wire fence looking scared followed by footage of her jumping into a coffin in an open grave and the coffin lid closing. She was then seen lying on her back screaming, accompanied by the sound of a chainsaw. Text on a bloodied background stated “TEXAS CHAINSAW 3D”. Text displayed at the top of the screen throughout the ad stated “GB residents & 18+ only. Competition closes 12.01.13. T&C’s apply”.
The ad was cleared by Clearcast with a post-7:30pm restriction.
g. The seventh TV ad, which lasted 20 seconds, began with on-screen text which stated “1974”, and a woman’s voice sobbing “He was trying to kill me”, accompanied by footage of a dark room with hooks hanging from the ceiling, close-ups of a press cutting which stated “adults” and “butchered”, and a blonde woman running through a field and onto a road and attempting to flag down a car. On-screen text stated “WAS ONLY THE BEGINNING”. Footage showed a man and a woman in a striped top standing by a camper van in front of a large gate. A female voice said, “Do you know anything about this place?” as footage from inside a house showed two people opening the front door. On-screen text stated “ON JANUARY 9”. A female voice said, “Just the address” as clips showed: a bloodied chainsaw being taken from a shelf;, the sound of a chainsaw over footage of a woman looking distressed; a vehicle being driven at night; and sparks flying off a chainsaw in a darkened room. On-screen text stated “IT’S HAPPENING AGAIN”. A female voice said, "He was wearing a face, a human face" as footage showed: a man pulling a mask over his face; the women in the striped jumper, who looked frightened, running into a room; a figure with a chainsaw running through a crowded fairground at night; a figure silhouetted at the bottom of a flight of stairs; and the woman in the striped top jumping into a coffin in an open grave and the coffin lid closing. She was then seen lying on her back screaming, accompanied by the sound of a chainsaw. Text on a bloodied background stated “TEXAS CHAINSAW 3D”.
The ad was cleared by Clearcast with a post-7:30pm restriction.
h. The eighth TV ad, which lasted 20 seconds, began with on-screen text which stated “1974”, and a woman’s voice sobbing “He was trying to kill me” over footage of a blonde woman running through a field and onto a road and attempting to flag down a car. On-screen text stated “2013”. A man’s voice said, “Did you get a good look at him?” as clips showed a bloodied chainsaw being taken from a shelf and a man with a chainsaw walking through a field towards a building, at night. A woman in a striped top said, “He was wearing a face, a human face” as clips showed a box containing wires being opened, a close-up of a man’s hands holding a needle in front of a desk, and a man pulling a mask over his face. On-screen text stated “THE MOST ... CELEBRATED ... HORROR FRANCHISE ... LIVES ON”. A series of short clips, interposed between the text, showed: a close-up of a chainsaw; a man and a woman standing in front of a building, with the man saying “Who is that?”; a vehicle being driven through the wall of a building where a woman and a man holding a spade were standing; a man using a chainsaw to cut through a wire fence; the woman in the striped top standing against a wire fence looking scared; a policeman standing in front of a house which was on fire; and a figure silhouetted at the bottom of a flight of stairs. The woman in the striped top was then shown asking a man in a bar “Who is he?”. The man replied, “This town’s dirty little secret.” The woman was shown on the ground in a graveyard, edging backwards, then jumping into a coffin in an open grave and the coffin lid closing. She was then seen lying on her back screaming, accompanied by the sound of a chainsaw. Text on a bloodied background stated “TEXAS CHAINSAW 3D”.
The ad was cleared by Clearcast with a post-7:30pm restriction.
i. The ninth TV ad, which lasted 20 seconds, began with a blonde woman running through a field and onto a road and attempting to flag down a car. A female voice sobbed “He was trying to kill me”. On-screen text stated “1974”. Footage showed the same woman with cuts and blood on her head, screaming, followed by a man holding a chainsaw over his head. On-screen text stated “2013”. A clip showed a metal sliding door slamming shut, followed by a man’s figure silhouetted by the lights of a vehicle and the sound of a chainsaw. A man’s voice said, “Did you get a good look at him?” A woman in a striped top said, “He was wearing a face, a human face” as clips showed a box containing wires being opened, a close-up of a man’s hands holding a needle in front of a desk, and a man pulling a mask over his face. On-screen text stated “THE MOST ... CELEBRATED ... HORROR FRANCHISE ... LIVES ON”. A series of short clips, interposed between the text, showed: a close-up of a chainsaw; a man and a woman standing in front of a building, with the man saying “Who is that?”; a vehicle being driven through the wall of a building where a woman and a man holding a spade were standing; a man with a chainsaw approaching a woman; a woman screaming; a man using a chainsaw to cut through a wire fence; the woman in the striped top standing against a wire fence looking scared; a policeman standing in front of a house which was on fire; a man dragging a woman along the ground; a figure with a chainsaw running through a crowded fairground at night; and a man using a bloodied chainsaw to smash in the window of a vehicle with two women screaming inside. The sounds of women screaming and a chainsaw were heard over the latter clips. Footage then showed a woman with her arms tied up above her, from behind, with a chainsaw being held against her shoulder, and then a clip of her from the front, gagged with gaffer tap and screaming. Text on a bloodied background stated “TEXAS CHAINSAW 3D”.
The ad was cleared by Clearcast with a post-9pm restriction.
j. The tenth TV ad, which lasted 30 seconds, began with a blonde woman running through a field and onto a road and attempting to flag down a car, as a female voice sobbed “He was trying to kill me”. On-screen text stated “1974”. Footage showed the same woman with cuts and blood on her head, screaming, followed by a man holding a chainsaw over his head. On-screen text stated “2013”. Clips showed: a bloodied chainsaw being taken from a shelf; a dark room with hooks hanging from the ceiling; a man with a chainsaw walking down the steps of a house at night; a woman running through a garden; a woman in a striped top hiding behind a tree; and a man slamming shut a sliding metal door. A man’s voice said “Did you get a good look at him?”, followed by footage of a man’s figure silhouetted by the lights of a vehicle and the sound of a chainsaw. The woman in the striped top said “He was wearing a face, a human face” as clips showed a box containing wires being opened, a close-up of a man’s hands holding a needle in front of a desk, and a man pulling a mask over his face. On-screen text stated “ON JANUARY 9”, followed by footage of the woman in the striped top walking towards a house. On-screen text stated “THE MOST ... CELEBRATED ... HORROR FRANCHISE ... LIVES ON”. A series of short clips, interposed between the text, showed: a close-up of a chainsaw; a man and a woman standing in front of a building, with the man saying, “Who is that?”; a vehicle being driven through the wall of a building where a woman and a man holding a spade were standing; a woman screaming; a man using a chainsaw to cut through a wire fence; the woman in the striped top standing against a wire fence looking scared; a policeman standing in front of a house which was on fire; a man dragging a struggling woman along the ground; a figure with a chainsaw running through a crowded fairground at night; and a man using a bloodied chainsaw to smash in the window of a vehicle with two women screaming inside. The sounds of women screaming and a chainsaw were heard over the latter clips. The woman in the striped top was then shown asking a man in a bar “Who is he?” The man replied, “This town’s dirty little secret.” Further clips showed: a man with a chainsaw walking through a field towards a building; a woman with her arms tied up above her, shown from behind, with a chainsaw being held against her shoulder; and then a clip of her from the front, gagged with gaffer tap and screaming. Text on a bloodied background stated “TEXAS CHAINSAW 3D”.
The ad was cleared by Clearcast with a post-9pm restriction.
k. The eleventh TV ad, which lasted 20 seconds, began with a young man and woman in a camper van. The woman pulled on a T-shirt as she said “Do you know anything about this place?” and a female voice replied, “I inherited it”, as footage showed the camper van pulling up to a gate and driving through trees behind a young woman wearing a striped top. A female voice said, “Oh my God” as footage, from inside a house, showed two people opening the front door. Short clips showed a man opening a creaking door, a bloodied chainsaw being taken from a shelf, and a man wearing a mask running towards the camera. On-screen text stated “BLOOD”, followed by clips of a man with a chainsaw, at night, chasing a woman through woods, the woman wearing the striped top falling down an incline outside a house, a man limping towards a vehicle, a woman crying and calling out, and a close-up of a chainsaw. On-screen text stated “RUNS”. Short clips showed: a woman jumping from the top of a wire fence, pursued by a man holding a chainsaw who then slashed the fence with the chainsaw; a couple running towards a building; and a man with a chainsaw approaching a camper van with two women inside. On-screen text stated “THICK”. Clips showed: a policeman in a small room with someone behind him in the act of striking him over the head; the woman in the striped top in a darkened room gesturing to another woman, who was crying, and saying, “Shhh. Be quiet”; a shot of one of the women around fearfully; and a man using a chainsaw to smash in the window of a vehicle with two women screaming inside. Text on a bloodied background stated “TEXAS CHAINSAW 3D”.
The ad was cleared by Clearcast with a post-9pm restriction.
l. A radio ad featured a voice-over which stated, "In 1974 one movie changed the face of horror. In 2013 a dark new chapter begins. Texas Chainsaw. Evil wears many faces. In cinemas now. Rated 18”, over sound effects of a chainsaw and women screaming.
m. A poster ad, on the side of a bus, featured small text which stated “IN 1974, ONE MOVICE CHANGED THE FACE OF HORROR. IN 2013, A DARK NEW CHAPTER BEGINS”. Below, large text, in red, stated “TEXAS CHAINSAW 3D”. An image on the left-hand side of the poster showed a close-up of someone holding a chainsaw. On the right-hand side of the poster text stated “IN CINEMAS WED JAN 9 ADVANCE PREVIEWS JAN 4 & 5”. An image showed a close-up image of someone with a ghoulish mask sewn to their forehead.
n. An internet display ad, on www.odeon.co.uk, appeared on the left-hand side of a web page which described the PG-rated film Rise of the Guardians. The ad featured an image of a man wearing a ghoulish mask and holding a chainsaw, against a dark and smoky background. Text at the bottom of the ad stated “TEXAS CHAINSAW 3D IN CINEMAS NOW”. Linked text at the top of the ad stated “BOOK TICKETS”.
Issue
The ASA received 73 complaints:
1. Thirty-four complainants challenged whether ads (a) to (d) were harmful, offensive and inappropriately scheduled.
2. Thirty-nine complainants challenged whether ads (e) to (h) were distressing, harmful, offensive and inappropriately scheduled.
3. Five complainants challenged whether ads (i) to (k) were distressing, harmful, offensive and inappropriately scheduled.
4. Two complainants challenged whether the radio ad, ad (l), was distressing and inappropriate for broadcast at a time when children might be listening.
5. One complainant challenged whether the poster, ad (m), was offensive, inappropriate for public display and likely to condone or encourage violence.
6. One complainant challenged whether the internet display ad, ad (n), was inappropriate for display on a webpage which advertised a PG-rated film.
Response
Clearcast, responding in relation to the TV ads, said they had worked very closely with the advertising agency, The Creative Partnership (TCP) to ensure the ads complied fully with both the spirit and the letter of the BCAP Code. All 11ads were assessed and given scheduling restrictions based on the level of threat, violence and harm in the visuals, voice-over and sound effects. They provided specific comments on each ad (see below).
TCP said they worked closely with Clearcast from the beginning of the campaign; they submitted numerous rough cuts and had many discussions regarding the suitability of scenes for certain scheduling restrictions. They said Clearcast were very instructive about contentious scenes and gave them thorough feedback. They said it was their job to produce the most impactful ads possible for their clients but they were aware they also had a responsibility to produce ads suitable for the public to view. They believed the ads accurately represented the film whilst being suitable for the scheduling restrictions applied by Clearcast.
1. Clearcast said they felt ad (a) was slightly dark but they did not believe there was any level of threat which could cause harm to viewers. There were no scenes of violence or horror, and they felt the majority of viewers would not find the ad harmful or distressing unless they were familiar with the earlier films in the franchise. They said that there was some tension in ad (b), which included an image of and the sound of a chainsaw, and the woman lying on her back screaming (though not audibly). They felt the ad did not come across as being either relentless or violent. Similarly, with regard to ads (c) and (d), Clearcast said that whilst there was some tension and a slight level of threat, the scenes were very brief and, again, the viewer did not hear the woman scream and there were no scenes of graphic violence or horror. They emphasised that ads (a), (b) and (c) were only 10 seconds long. For the reasons stated, they had considered an ‘ex-kids’ scheduling restriction was appropriate for those ads, which meant that they could not be broadcast during, or immediately before or after, children’s programmes.
2. Clearcast noted that, compared to ads (a) to (d), ad (e) had more tension, created by the woman being shown hiding in the coffin and audibly screaming. However, there were no gratuitous scenes of violence or horror in the 10-second ad. They said that ad (f), which showed the woman screaming and the sound of a chainsaw, had a raised level of threat and tension in the visual treatment compared to the 10-second ads which had been given a post-7.30pm restriction, but they did not think there was a persistent level of violence or horror throughout the whole ad. They acknowledged that in ads (g) and (h) there was a more sustained level of threat and tension, but said that none of the clips featured any scenes of gratuitous violence or horror which would usually warrant a post-9pm restriction. They had therefore applied post-7.30pm scheduling restrictions on ads (e) to (h).
3. Clearcast said the visuals and sound effects in ads (i), (j) and (k) were presented with a level of tension and threat which built up towards the end of the ad. They felt the scene in ads (i) and (j), in which a woman was shown tied up and gagged, with a chainsaw being placed on her shoulder, would be likely to cause distress to some viewers. In relation to ad (k), they felt that although the ad featured scenes depicting some degree of violence and harm which was likely to cause distress to some viewers, it was not explicitly gratuitous. On the basis that ads (i), (j) and (k) included scenes which were likely to cause distress to some viewers, they had decided a post-9pm restriction was most appropriate.
4. The RACC said they had cleared ‘soft’ and ‘hard’ versions of the ad. The ASA understood the complainants had heard the ad during the day on TalkSport, Heart and Capital. The RACC said that Heart and Capital had only aired the ‘soft’ version of the ad and TalkSport had aired the ‘soft’ version between 4am and 7pm, and the ‘hard’ version at other times. The RACC said Mediaedge had liaised with them throughout the clearance process, submitting scripts and rough cuts. The rough cuts of the two versions had also been provided to the individual broadcasters, who had confirmed the times they would be prepared to broadcast the different versions of the ad. The RACC said they had ensured the chainsaw and scream sound effects were very brief, muted, not clearly distinguishable, and buried under the voice-over so as not to be clearly heard, in order to minimise the potential to scare or distress, particularly for children or younger listeners.
5. Lions Gate said they always had a dialogue with CBS if they thought the creative for a poster might be sensitive. In this case they had sent the poster to CBS in advance for their approval and agreement to run the ad in their advertising space.
CBS said they had rejected a first set of designs for the poster due to the nature of the images. Ad (m) had been reviewed by CAP’s Copy advice team, and based on their response, CBS had accepted the ad for display.
6. Lions Gate said the Odeon website was primarily a bookings site and therefore they expected most website users to be credit or debit card holders, and therefore not children. They said the creative used in the ad was the same as in a poster which was displayed in cinema foyers for a general audience.
Odeon explained that the creative for the ad had been supplied to them by Lions Gate, and it had appeared in paid-for advertising space which was displayed across all pages of their website. They considered the ad was appropriate for display on their website. The creative was consistent and in line with the rest of the advertising campaign for the film across a range of different media, and the artwork was therefore widely used and already in the public domain. The ad promoted a horror film and in that context, whilst the visual might be viewed as unpleasant, they felt it was not gratuitous or excessive.
Odeon said their primary online audience was female, aged between 35 and 49, and their secondary audiences were aged 25 to 34 and 50 plus. The most infrequent visitors to their website were those under the age of 24. They said that whilst some pages of their website promoted PG-rated films, the majority of visitors to those web pages were parents looking for information or booking tickets for their family. People must be 16 or over to book a ticket online. They therefore considered the ad was appropriate for display across their website. They said one person had complained to them directly about the ad, also in relation to its display on the web page for the PG-rated film Rise of the Guardians.
Assessment
1. Upheld in part
The ASA acknowledged that ads (a) to (d) did not include any scenes of interpersonal violence and did not include any sound effects of screaming or noises which suggested interpersonal violence. However, we noted ads (b) and (c) showed a close-up of a woman screaming in a darkly lit, enclosed space, that ad (c) included a voice-over of the woman stating “He was wearing a face, a human face” as footage showed a man putting a mask to his face, and ad (d) showed clips of a policeman standing watching a house which was engulfed in flames and a vehicle being driven through a wall towards two people (and towards the viewer). We considered it likely that those scenes could cause distress to young children. Furthermore, we considered the use of swift cuts, darkly lit scenes and eerie music and sound effects created a sinister, threatening and tension-filled atmosphere in all four ads which was likely to cause distress to young children. Whilst we noted the ads had been given an ‘ex-kids’ restriction and therefore had not been broadcast around programmes of particular appeal to children, we considered that they were inappropriate for broadcast during the day when young children might be watching, and ads (a) to (d) should therefore have been given a post-7.30pm timing restriction.
Notwithstanding the above, whilst we acknowledged it was likely that some adults would find the ads distasteful, we concluded ads (a) to (d) were unlikely to cause serious or widespread offence.
On this point, ads (a), (b), (c) and (d) breached BCAP Code rules
4.1
4.1
Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18.
(Harm and offence),
5.1
5.1
Advertisements that are suitable for older children but could distress younger children must be sensitively scheduled (see Section 32: Scheduling).
(Children) and
32.3
32.3
Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.
(Scheduling of Television and Radio Advertisements).
On this point, we investigated ads (a), (b), (c) and (d) under BCAP Code rule 4.2 4.2 Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards. (Harm and offence), but did not find it in breach.
2. Upheld in part in relation to ad (f) only
We considered the atmosphere of ads (e) to (h) was similar to that in ads (a) to (d), but that there was a generally elevated level of threat, violence and tension which was in part created by a stronger use of sound effects such as screams and the frequent use of chainsaw noises. We noted all four ads included scenes and sound effects which linked the use of a chainsaw with violent acts, and that there was a greater use of scenes involving people who appeared frightened or distressed or who were running from danger. Although ads (e), (g) and (h) did not contain any images of interpersonal violence, ad (f) included a scene where a man was struck in the head. Ad (f) also included a clip of one woman indicating to another woman, who appeared terrified and was sobbing, to be quiet, followed by a clip of a blood-drenched chainsaw being used to smash in the window of a vehicle. Whilst the ad did not show the women being directly attacked, we considered the sequence of those two clips suggested the women were hiding inside the vehicle when it was attacked.
We considered that the post-7.30pm timing restriction for ads (e), (g) and (h) was sufficient to ensure that they would be kept away from times when young children, who might be distressed by them, would be watching. We concluded ads (e), (g) and (h) had been appropriately scheduled and did not breach the Code in that regard. However, we considered that the scenes in ad (f), referenced above, heightened the overall atmosphere of terror and violence to such an extent that they could cause distress to some children who would be watching after 7.30pm. We concluded ad (f) had not been appropriately scheduled and should have been given a post-9pm timing restriction.
Notwithstanding the above, whilst we acknowledged that some adults would find the ads distasteful, we concluded that all four ads were unlikely to cause serious or widespread offence or distress to adults. We concluded ads (e), (f), (g) and (h) did not breach the Code in either of those regards.
On this point, ad (f) breached BCAP Code rules
4.1
4.1
Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18.
(Harm and offence),
5.1
5.1
Advertisements that are suitable for older children but could distress younger children must be sensitively scheduled (see Section 32: Scheduling).
(Children) and
32.3
32.3
Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.
(Scheduling of Television and Radio Advertisements).
On this point, we investigated ad (f) under BCAP Code rules 4.2 4.2 Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards. and 4.10 4.10 Advertisements must not distress the audience without justifiable reason. Advertisements must not exploit the audience's fears or superstitions (Harm and offence), but did not find it in breach.
On this point, we investigated ads (e), (g), and (h) under BCAP Code rules
4.1
4.1
Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18.
4.2
4.2
Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
and
4.10
4.10
Advertisements must not distress the audience without justifiable reason. Advertisements must not exploit the audience's fears or superstitions
(Harm and offence),
5.1
5.1
Advertisements that are suitable for older children but could distress younger children must be sensitively scheduled (see Section 32: Scheduling).
(Children) and
32.3
32.3
Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.
(Scheduling of Television and Radio Advertisements), but did not find them in breach.
3. Upheld in relation to ads (i) and (j) only
We considered all three ads featured scenes of violence and terror and had a sinister and threatening atmosphere produced by the swift cuts, sound effects and largely dark and poorly lit scenes. We acknowledged that the post-9pm timing restrictions meant it was unlikely that younger children would be exposed to the ads. However, we considered that the scenes in ads (i) and (j) which depicted a woman who was bound, gagged and terrified, screaming as a chainsaw was placed on her shoulder, were likely to distress some older children, because of the implication of extreme violence and torture. We therefore considered ads (i) and (j) should have been given a post-11pm timing restriction. We also considered the scenes in ads (i) and (j) were likely to be more in keeping with programme content seen after 11pm and we therefore considered those ads should not have been broadcast before 11pm in order to reduce the likelihood of causing offence or distress to adults.
On this point, we investigated ad (k) under BCAP Code rules
4.1
4.1
Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18.
4.2
4.2
Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
and
4.10
4.10
Advertisements must not distress the audience without justifiable reason. Advertisements must not exploit the audience's fears or superstitions
(Harm and offence),
5.1
5.1
Advertisements that are suitable for older children but could distress younger children must be sensitively scheduled (see Section 32: Scheduling).
(Children) and
32.3
32.3
Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.
(Scheduling of Television and Radio Advertisements), but did not find it in breach.
On this point, ads (i) and (j) breached BCAP Code rules
4.1
4.1
Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18.
4.2
4.2
Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
and
4.10
4.10
Advertisements must not distress the audience without justifiable reason. Advertisements must not exploit the audience's fears or superstitions
(Harm and offence),
5.1
5.1
Advertisements that are suitable for older children but could distress younger children must be sensitively scheduled (see Section 32: Scheduling).
(Children) and
32.3
32.3
Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.
(Scheduling of Television and Radio Advertisements).
4. Not upheld
We noted that there were two versions of the ad, and that the broadcasters of TalkSport, Heart and Gold had scheduled them as they considered appropriate for their channels. We understood that both complainants had heard the ‘soft’ version of the ad, during the day. We acknowledged the ad included sound effects of a chainsaw and a woman screaming, but we noted those effects were brief and appeared as background behind the voice-over rather than being the focus of the ad. We acknowledged that some viewers might find the ad distasteful but we considered it was unlikely to cause distress and that it had been appropriately scheduled.
On this point, we investigated ad (l) under BCAP Code rules
4.1
4.1
Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18.
and
4.10
4.10
Advertisements must not distress the audience without justifiable reason. Advertisements must not exploit the audience's fears or superstitions
(Harm and offence),
5.1
5.1
Advertisements that are suitable for older children but could distress younger children must be sensitively scheduled (see Section 32: Scheduling).
(Children) and
32.3
32.3
Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.
(Scheduling of Television and Radio Advertisements), but did not find it in breach.
5. Not upheld
We noted the ad included images of someone holding a chainsaw and someone wearing a ghoulish mask, and had been displayed in an untargeted outdoor medium. Whilst we acknowledged that some who saw the ad might find the images distasteful, particularly if they were aware of the content of the film or previous films in the franchise, we noted the ad did not include any images of interpersonal violence, and did not depict the chainsaw being used as a weapon. We considered the ad was unlikely to cause serious or widespread offence, or harm to children. We also considered that the ad did not condone or encourage violence.
On this point, we investigated ad (m) under CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising), 4.1 4.1 Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18. and 4.4 4.4 Marketing communications must contain nothing that is likely to condone or encourage violence or anti-social behaviour. (Harm and offence), but did not find it in breach.
6. Not upheld
We noted the ad showed someone wearing a ghoulish mask and carrying a chainsaw, and we acknowledged that some who saw the ad might find the image distasteful, particularly if they were aware of the content of the film or previous films in the franchise. We also noted that because the ad had been displayed across all pages of Odeon’s website it had appeared next to a range of content, including content which related to children’s films. We noted the information Odeon had provided about visitors to their website although we considered it was not clear whether their research had examined whether children might be present with primary website users at the time they were researching films or making bookings online. Nonetheless, we noted the ad did not include any images of interpersonal violence, and did not depict the chainsaw being used as a weapon. We concluded the ad had not been inappropriately displayed.
On this point, we investigated ad (n) under CAP Code (Edition 12) rule 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising) but did not find it in breach.
Action
Ads (a), (b), (c) and (d) must not be broadcast again before 7.30pm. Ad (f) must not be broadcast again before 9pm. Ads (i) and (j) must not be broadcast again before 11pm. No further action in relation to ads (e), (g), (h), (k), (l), (m) and (n).
BCAP Code
4.1 4.2 5.1 4.1 4.10 4.2 5.1 32.3
