Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A YouTube video ad for Oasis Games’ mobile app game “Refantasia: Charm and Conquer”, seen beneath another video on 11 July 2022. The video was titled "Please don’t look at me that way", and contained a series of animations of female anime/manga-style characters related to the game.
The first character was depicted falling asleep on a cloud. She was wearing a short dress, and was positioned so that her bottom was prominently displayed to the viewer. The second character was depicted wearing a short dress and stockings. On-screen text accompanying her section stated, “She became the leader of the Rabbit Tribe at a young age … she still is a kind, timid, and cute rabbit person”. The third character was depicted as an anthropomorphised “she-wolf”, looking at the viewer in a sexually suggestive manner, and with bandages binding her prominent breasts. The fourth character was depicted as a young looking female with an animal’s tail. She was kneeling facing away from the viewer, looking over her shoulder in a way which emphasised her bottom and breasts.
As the video progressed an on-screen thermometer was shown, its temperature rising with the introduction of each new character, until it reached 100 degrees Celsius for the final character, and appeared to break, and liquid shot from the top of the thermometer. Throughout the course of the video, childish giggling and noises of exclamation could be heard.
Issue
1. The complainant, who believed the ad was sexist, objectified women, and portrayed sexualised characters, challenged whether the ad was irresponsible, offensive and harmful.
2. The ASA challenged whether the ad portrayed someone who seemed to be under 18 in a sexual way.
Response
1. & 2. Oasis Games Ltd apologised for any offence caused, and said that they would not use the ad in the future.
Assessment
1. Upheld
The ASA welcomed Oasis Games’ assurance that the ad would not be used in the future.
The CAP Code required that ads must not cause serious or widespread offence and must be prepared with a sense of responsibility to consumers and to society.
The ad depicted a series of images of anime/manga-style characters, all of whom were depicted in revealing clothing, or in a state of undress, with bandages covering their breasts. The poses of all the characters were sexually suggestive, with an emphasis on their bottoms or breasts. Although each character was depicted in a cartoon-style, and had fantastical aspects to their appearance such as rabbit’s ears, tails, or horns, and one was an anthropomorphised “she-wolf”, we considered that they all still recognisably represented young women or girls.
We considered that the way the characters were depicted, including their clothing, poses, expressions and the addition of the on-screen thermometer, was sexual in nature. The sexual nature of the image was emphasised further by the accompanying audio.
We considered that viewers would interpret the ad as depicting the characters as stereotypical sexual objects, presented to the viewer only for the purpose of titillation.
We therefore concluded that the ad was likely to cause serious and widespread offence, included a gender stereotype in a way that was likely to cause harm, and was socially irresponsible.
On that point, the ad breached CAP Code (Edition 12) rules
1.3
1.3
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
(Social responsibility) and
4.1
4.1
Marketing communications must not contain anything that is likely to cause serious or widespread offence. Particular care must be taken to avoid causing offence on the grounds of: age; disability; gender; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. Compliance will be judged on the context, medium, audience, product and prevailing standards.
Marketing communications may be distasteful without necessarily breaching this rule. Marketers are urged to consider public sensitivities before using potentially offensive material.
The fact that a product is offensive to some people is not grounds for finding a marketing communication in breach of the Code.
4.8
4.8
Marketing communications must not portray or represent anyone who is, or seems to be, under 18 in a sexual way. However, this rule does not apply to marketing communications whose principal function is to promote the welfare of, or to prevent harm to, under-18s, provided any sexual portrayal or representation is not excessive.
and
4.9
4.9
Marketing communications must not include gender stereotypes that are likely to cause harm, or serious or widespread offence.
See Advertising Guidance: “Depicting gender stereotypes likely to cause harm or serious or widespread offence?”
(Harm and offence).
2. Upheld
The CAP Code also stated that marketing communications must not portray or represent anyone who was, or seemed to be, under 18 years of age in a sexual way.
The characters in the ad with a mainly human appearance were all animated in a manner which highlighted their young appearance. Their facial features were childish, and the clothing of certain characters played into anime “babydoll” clothing stereotypes, such as extremely short pastel-coloured dresses, with high lacy stockings.
We considered that the visual presentation of the characters made them appear to be under the age of 18, an impression which was reinforced by the accompanying audio of childish, effeminate giggling, and on-screen text referencing one character’s potential “young age”.
We therefore concluded that the ad also breached the Code by representing someone who seemed to be under 18 in a sexual way.
On that point, the ad breached CAP Code (Edition 12) rules
1.3
1.3
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
(Social responsibility) and
4.1
4.1
Marketing communications must not contain anything that is likely to cause serious or widespread offence. Particular care must be taken to avoid causing offence on the grounds of: age; disability; gender; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. Compliance will be judged on the context, medium, audience, product and prevailing standards.
Marketing communications may be distasteful without necessarily breaching this rule. Marketers are urged to consider public sensitivities before using potentially offensive material.
The fact that a product is offensive to some people is not grounds for finding a marketing communication in breach of the Code.
and
4.8
4.8
Marketing communications must not portray or represent anyone who is, or seems to be, under 18 in a sexual way. However, this rule does not apply to marketing communications whose principal function is to promote the welfare of, or to prevent harm to, under-18s, provided any sexual portrayal or representation is not excessive.
(Harm and offence).
Action
The ad must not appear again in the form complained about. We told Oasis Games Ltd to ensure that their ads were socially responsible and did not cause serious or widespread offence, and not to feature harmful gender stereotypes by objectifying and sexualising women. We also told them not to represent anyone who was, or seemed to be, under 18 years of age in a sexual way.
