ASA Watch

A TV ad for VIP e-cigarettes featured a woman in a black dress, who spoke to the camera and said, You know that feeling you get, when something's great? You can touch it, hold it, even see it. Well, now you can taste it. As she spoke she ran her hand over her thigh. The voice-over stated, Choose the great taste of VIP e-cigarettes and e-liquids. Quality assured since 2009, with a variety of flavours and nicotine strengths from 0 to 24 mg. VIP.

Eighty-six viewers objected to the ad.

1. Most viewers challenged whether the ad was offensive because they believed it was overtly sexual and irresponsibly sexualised e-cigarette use.

2. Many also challenged whether the ad was suitable for broadcast before 9 pm.

ASA Assessment

1. Not upheld

Nicotine-containing e-cigarettes were not a prohibited category under the BCAP Code, and were therefore permitted to be advertised, providing they were advertised responsibly.

The ASA considered that the woman in the ad spoke in a sensual way, and was depicted touching her leg in a sensual manner. We acknowledged that some viewers would find the ad distasteful, but considered that the sexual references were unlikely to be regarded as explicit or overtly sexual, and were unlikely to cause serious or widespread offence, or to be regarded as irresponsible.

2. Upheld

We noted that Clearcast had applied an ex-kids restriction which meant the ad could not be shown in or adjacent to programmes commissioned for, principally directed at or likely to appeal particularly to children. We considered that the scheduling restriction applied would likely restrict younger children from seeing the ad. However, we were concerned that the degree of sexuality in the ad, while not overt, was also unsuitable for older children. We therefore concluded that, to minimise the risk of children seeing it, the ad should have been given a 9 pm timing restriction.

The ad must not be broadcast again in its current form before 9 pm.

Two ads, on the American Apparel's website and Instagram page, for a skirt which was featured in their School Days or Back To School range:

• a. The website ad on www.americanapparel.co.uk featured an image of a girl wearing the skirt, a top and white underwear, bending over to touch the ground, photographed from behind from a low angle. Her crotch and buttocks were visible.

• b. The ad posted on the advertisers' UK Instagram page featured an image of a girl wearing the skirt and a top leaning into a car, photographed from behind from a low angle. Her buttocks were visible.

Two complainants challenged whether the ads were offensive and irresponsible, because they were overtly sexual and inappropriate for a skirt advertised as school-wear.

ASA Assessment: Complaints Upheld

The ASA considered that the way in which the model was posed in both images, with her head and upper body obstructed in ad (a) by her legs, and cut off from the frame in ad (b), meant that the focus was on her buttocks and groin rather than on the skirt being modelled. We considered the images were gratuitous and objectified women, and were therefore sexist and likely to cause serious and widespread offence. Furthermore, we considered the images imitated voyeuristic up-skirt shots which had been taken without the subject's consent or knowledge which, in the context of an ad for a skirt marketed to young women, we considered had the potential to normalise a predatory sexual behaviour. We considered the ads had therefore not been prepared with a sense of responsibility to consumers or to society.

Notwithstanding the above, we noted that, on American Apparel's website, the skirt was featured in its SCHOOL DAYS or BTS (which we understood to stand for Back To School') 'Lookbook , and that the image on Instagram had been similarly referenced. We also noted it was not possible, from the images, to determine the age of the model because her face was not visible. We considered that, from the context in which the ads appeared, it was likely that those who viewed them would understand that the model was, or was intended to appear to be, a schoolgirl. We considered the ads had the effect of inappropriately sexualising school-age girls and were therefore offensive and irresponsible for that reason too.

We noted American Apparel's view that, because consumers would be aware of their branding, they would expect to see such images when viewing their Instagram page or visiting their website. We considered, however, that the ads were irresponsible and likely to cause serious and widespread offence irrespective of whether consumers had opted in to American Apparel's marketing communications, and particularly in the context of a clothing brand which had appeal to young people, including teenagers under 16 years of age. We noted American Apparel had removed the images before we had contacted them, but were nonetheless concerned that the images had appeared in their advertising at all. We concluded the ads were in breach of the Code.

The ads must not appear again in their current form. We told American Apparel (UK) Ltd to ensure their future advertising was prepared with a sense of responsibility to consumers and to society, and that it contained nothing that was likely to cause serious or widespread offence.

Offsite Comment: The warped minds of the ASA

12th September 2014. See article from spiked-online.com

The Advertising Standards Authority (ASA) is no stranger to childish behaviour. But with its latest decision to ban images from raunchy retailer American Apparel's Back to School campaign for inappropriately sexualising schoolgirls , the over-zealous watchdog really has thrown its toys out of the pram.

...Read the full article

An ad for the video game Wolfenstein: The New Order was displayed on a gaming website, www.eurogamer.net. An ad bordered the home page and was headed Wolfenstein: The New Order ...] HOVER TO EXPAND THE VIDEO and pictured two figures holding guns. A PEGI 18 symbol was also shown. Hovering over the top section of the border for three seconds, without clicking, opened a video trailer ad over the home page and played automatically. On-screen text at the start of the video stated MATURE 17+ ... Blood and Gore, Intense Violence, Strong Language, Strong Sexual Content, Use of Drugs . The video included a scene depicted in black and white where two Nazi officers wearing gas masks walked amongst the bodies of dead peace protestors. One Nazi soldier was shown executing a man on the ground with a bullet to the head, whilst a robot animal walked in the background. The trailer included other scenes of game footage which depicted people being killed or hurt, including by being shot. Dialogue included What the fuck did I just do? , What you been up to ...? Shooting, stabbin', strangling Nazis and Well, I'm on the motherfucking moon .

The complainant, who believed the ad to be excessively gory and shocking and was concerned that it could be seen by children, objected that the ad:

1. in the particular scene showing the execution of a man, was offensive and distressing; and

2. was unsuitable to be shown on a home page with no restrictions on who could view it.

Eurogamer said their site was a video games site written for and read by a mature gaming audience. They said their readership was generally in their mid to late 20s and 30s. They said their last readership survey in May 2014 showed that 96.89% of their readership was aged 18 or over. They provided a breakdown of the readership survey respondents by age category.

ASA Assessment: Complaint not upheld

1. Not upheld

The video trailer included graphic scenes of violence, including a man being shot in the head, and the dialogue featured swearing. The ASA therefore considered that the content of the ad had the potential to cause offence or distress. However, the ad had appeared on a website where the readership was predominantly a gaming audience aged 18 or over, who we considered were likely to be familiar with the nature and contents of different types of video games. The ad shown on the home page included the name of the game, a PEGI 18 symbol and pictured two figures holding guns. We therefore considered that it indicated the video trailer was likely to include violent content. The trailer played when the home page ad was hovered over for three seconds, during which a countdown was displayed. The start of the trailer also included a prominent warning of the nature of the video's contents. We considered that website users were provided with adequate information and warning about the nature of the contents of the ad, and users who did not wish to view such material were able to avoid doing so. We therefore considered that the ad was unlikely to cause offence or distress to those people who viewed it.

2. Not upheld

We considered that the nature of the video trailer, which included graphic violence and swearing, meant that it would not be suitable to appear in an untargeted medium. However, the website on which the ad appeared had a predominantly adult audience, and the latest readership survey showed that only 3 % of the website's users were aged under 18. Readers were also provided with adequate information and warning about the nature of the contents of the ad, and the ad stated clearly that the game had a PEGI 18 rating. We therefore concluded that the ad was unlikely to be seen by children and that it had been responsibly targeted.

A website for a betting service, www.betdaq.com, featured an image of the statue of Christ the Redeemer with the surrounding city of Rio de Janeiro visible behind. The statue had been digitally altered so that the figure's robe was purple, and the word BETDAQ had been superimposed onto it. The image was headed WORLD CUP 2014 - BET WITH BETDAQ .

A complainant objected that the use of an image of Jesus Christ to promote gambling would be offensive to Christians.

ASA Assessment: Complaint upheld

The ASA acknowledged that the statute of Christ the Redeemer was a well-known landmark for the city of Rio de Janeiro and was therefore likely to be understood as a reference to the city and the location of the 2014 World Cup, particularly as the city was visible in the background of the image and the tournament was clearly referenced in the ad. However, we also understood that any image of Jesus was likely to hold religious connotations for believers, and that despite its secular use as a landmark this was still the case for the statue in question. We noted that, although the figure was not seen taking an active part in gambling, it was emblazoned with the logo and colour scheme of a betting company and was featured in a prominent role in an ad for a gambling service. We considered that this created an association between the figure of Christ and gambling and commercial activities. We therefore concluded that the ad was likely to cause serious offence to some visitors to the website.

The ad must not appear again in its current form. We told Ladbrokes to take care in future when using religious imagery.

A picture posted by Captain Morgan on their Facebook page showed the pirate Captain Morgan raising a glass and cheering whilst surrounded by his crew. Text at top of the image stated WEDNESDAY. I'M DECLARING WAR ON MID-WEEK BOREDOM .

The Youth Alcohol Advertising Council (YAAC) challenged whether the ad was irresponsible, because it implied that alcohol could overcome boredom and was capable of changing mood.

ASA Assessment: Complaint upheld

The ASA noted that the ad showed the Captain, who was cheering and leading a toast, surrounded by his crewmates, who were also raising their glasses. We understood that the ad had been published on a Wednesday, and that the text referred to putting an end to mid-week boredom . We considered that most consumers, viewing the image and text together, particularly in the context of the Captain Morgan Facebook page, would interpret the ad to mean that the Captain was alleviating his boredom by drinking Captain Morgan with friends. Whilst we acknowledged that the page included other posts related to meeting with friends or the mid-week milestone, as those posts did not appear regularly and were not directly linked to the ad, we considered that consumers were unlikely to view them as related or as part of a series. Therefore, we considered that their presence was unlikely to change a consumer's impression of the ad in question. Similarly, we considered that the presence of drink responsibly posts did not undermine the fact that the ad, although not expressly encouraging excessive drinking, implied that the Captain had sought alcohol to improve his mood. Because of that, we concluded that the ad implied that alcohol could overcome boredom and was capable of changing mood, and was therefore in breach of the Code.

The ad must not appear again in its current form. We told Diageo Great Britain Ltd to ensure they did not state or imply that alcohol could overcome boredom or was capable of changing mood in future.

A video ad, on Jaguar Land Rover Ltd's YouTube channel, titled The Art of Villainy was presented as part of Jaguar's GoodToBeBad ad campaign. The ad featured actor Tom Hiddleston playing a suave villain and his character talked about the factors that made a good villain. The ad featured the character driving a Jaguar F-Type in an underground car park and on a public road.

The complainant, who believed the ad featured and encouraged unsafe driving, challenged whether the ad was socially irresponsible.

ASA Assessment: Complaint Upheld

The ASA considered the ad focused on the appearance of the car and how its style mirrored that of the character being played by Tom Hiddleston who was clearly presented as a sophisticated and cultured villain who was matched by the sophistication of the car in both its appearance and performance. We therefore considered that although the ad featured direct and implied references to speed, it was not the primary focus.

However, acceleration and speed did feature in the ad when the car was shown driving up the ramp to exit the underground car park and when it was shown being driven on a public road at night. The noise of acceleration and the speed with which the car went up the ramp in the car park appeared to suggest significant speed within an enclosed environment. We also considered significant speed was suggested when the car accelerated on the public road after the character said Now brace yourselves and again when the car exited a tunnel and sped away from other cars on the road. Whilst on-screen text stated Professional driver. Closed course. Always obey speed limits , we considered the overall impression consumers would take from those scenes was of a car being driven on a public road (with other cars present) at speed and that the on-screen text would not negate that impression. Whilst we acknowledged the sequences were brief, we considered that the second part of the ad suggested that the car was being driven at excessive speeds and that the ad therefore encouraged irresponsible driving.

The ad breached CAP Code rules 4.4 (Harm and offence), 19.2 and 19.3 (Motoring).

The ad must not appear again in its current form. We told Jaguar Land Rover Ltd not to portray speed or driving behaviour that might encourage motorists to drive irresponsibly in future.

An ad seen on the TV listings website www.radiotimes.com for the Russian Bride website, www.russianbrides.com. The ad featured a woman, visible from the chest up, wearing a low-cut bra, looking up at the camera with pouted lips. Text alongside the image stated Sexy Russian Sensations @ FLIRT NOW! Issue

The complainant challenged whether:

1. the ad was offensive, because it was overtly sexual; and
2. the ad was irresponsible, because it was inappropriately placed on a website that might be seen by children.

ASA Assessment: Complaint upheld

1. & 2. Upheld

The ASA was concerned by Anastasia International's lack of response and apparent disregard for the Code, which was a breach of CAP Code rule 1.7 (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.

We welcomed the publisher's assurance that additional checks had been put in place to ensure this and similar ads would not appear again on their website.

We noted that the ad featured a woman in a provocative pose that focused on her cleavage, and her pursed lips appeared seductive in nature. We considered the text alongside the image heightened the overtly sexual nature of the ad. We also noted that the ad appeared on a general TV listings website. We therefore considered that the placement of the ad was inappropriate.

Because the ad was overtly sexual and appeared on untargeted medium, which could also be seen by children, we concluded that it was irresponsible and likely to cause serious or widespread offence.