ASA Adjudication on ITV Network Ltd

Ad

An ad, for the ITV psychic drama programme “Afterlife”, was published in The Evening Standard, The Independent, Metro (London and Edinburgh), The Daily Express, The Times, The Guardian, The Sun and The Daily Telegraph and was in the style of a lonely hearts column. The headline stated “Soul Finders LOOKING TO CONTACT THAT SPECIAL SOMEONE”; a skeleton cupid holding a bow and arrow was on either side of the text. Below were columns listing messages, for example “YOUNG BOY 8 yrs old, fatal car crash. Can someone tell my mummy I forgive her? … CARLEY 8 yrs old, abducted and murdered. Please help me find the man who killed me. I’m so scared here … WOMAN 36, smothered in sleep by violent husband, now also dead. I’m trapped with him and he won’t let me go. Someone please help … INMATE 24, committed suicide due to constant hauntings and terror. Please help me. He hasn’t gone away … “. Text at the foot of the ad stated “itv1 AFTERLIFE YOU DON’T CONTACT THEM, THEY CONTACT YOU Saturday 16th September. itv.com”.

Issue

The complainants thought that the ad was distressing, offensive and insensitive, especially to the families of murder victims. Complainants thought the references to murdered children were particularly offensive and distressing.

CAP Code (Edition 11)

Response

ITV1 asserted that the ad was not intended to offend or upset the public. They said Afterlife was a drama in which spirits contacted the living and therefore the nature of the programme was scary, disturbing and unsettling. ITV therefore believed it was crucial for them to show the scary nature of the programme through their ad in order to preclude vulnerable groups, such as young children or those with nervous dispositions, from tuning in.

ITV1 asserted that they had decided against using the graphical representation of spirits and the afterlife in the ad because they believed that would have been more offensive; instead they had simply tried to describe the nature of the show without upsetting viewers.

The Guardian believed the ad was not offensive and their readers would be able to recognise that the ad was highlighting the content and tone of the programme, giving them the option to decide whether they wanted to view it or ignore it.

The Evening Standard believed the ad was not offensive and would appeal to their readers.  They believed that, by framing the ad with cupid skeletons, it clearly warned readers that it was not a typical lonely hearts column. They believed that the theme of the programme - violent or unnatural deaths - dictated the text in the ad and it would not have made sense without it. They said they had received no complaints.

News International (Advertisements) Ltd responded on behalf of The Times and The Sun. They said they had recognised before publishing the ad that the content might be considered distasteful. They concluded, however, that it was unlikely to cause serious or widespread offence.  They said they had received no complaints.

The Daily Telegraph believed their readers would not be distressed or offended by the ad. They believed the ad was obviously fictional and clearly reflected the content and nature of a fictional programme.  However, to prevent confusion, they had placed the ad away from their announcements section. They said they had received one letter of comment on the ad but no complaints.

Metro believed the ad was suitable for their readership and would not have caused offence or been misunderstood.  They said they had received no complaints.

The Independent stated that, although on first sight the ad appeared to be a normal lonely hearts column, they believed it was apparent on closer reading that that was not the case. They believed as soon as the first lines of the lonely hearts messages section had been read, readers would have then been drawn to the larger print "itv1 AFTERLIFE ..." and would have realised the ad was for a TV programme.  They believed the number of people who would be offended would be very small because, once people realised it was an ad, they either would not be offended or would stop reading.  They said they had received no complaints.  

The Daily Express did not comment.

Assessment

Not upheld

The ASA noted the intention of the ad was to reflect the nature of the programme; scary, disturbing and unsettling. We also noted the newspapers comments that their readers would be able to recognise that the ad highlighted the tone and content of the drama. We acknowledged that the ad caused distress to some readers; however, we considered that it was unlikely to cause serious or widespread offence or distress.

We investigated the ad under CAP Code clauses 5.1 (Decency) and 9.1 (Fear and distress) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)