ASA Adjudication on Optimum Releasing

Ad

A TV ad, for the '18' rated film 'Captivity', was shown at 7.35 pm on Hits TV. The ad showed images from the film including a woman apparently trapped in a room. She shouted "Where am I?" and "Please help me". The voice-over stated "... This year's most terrifying movie is so disturbing, we can't show you what happens. To see the full horror, watch later tonight ... "; at that point, the on-screen images of the film were blurred. The ad then showed further non-blurred images from the film and the voice-over went on to describe a competition that included the question "Tell us which is a method of torture; is it a 'the rack' or b 'the sack' ..."; on-screen text stated "WHICH OF THESE IS A METHOD OF TORTURE? A-THE RACK B-THE SACK".

Issue

The viewer thought the ad was offensive and unsuitable to be broadcast at a time when children might be watching.

BCAP TV Code

BCAP TV Scheduling Code

Response

Optimum Releasing said the ad had been prepared as part of a promotional package booked through Emap Performance. They said it had appeared for two weeks on Hits TV.

Emap Performance (Emap), which broadcasts Hits TV, apologised for any offence caused and said it was not their intention to cause any discomfort to viewers. They said the scheduling of the ad had been planned using the advertising guidelines for food and drink that was high in fat, sugar or salt (HFSS) to avoid child peak viewing on their channels. They asserted that the Broadcasters' Audience Research Board (BARB) data, taken in the three months prior to the ads broadcast, showed the 7.30pm to 7.44 pm time period on Hits TV had a child index below the recommended maximum for HFSS products.

Emap asserted that, although the ad was scheduled to avoid times when their child audience was high, they considered that the content could be deemed disturbing to children. They said, following the complaint, they had introduced a new sign-off procedure to prevent any unsuitable material from airing again.

Assessment

Not upheld

The ASA understood from the Office of Communications (OFCOM) that, based on the annual average viewing figures for the channel, 80% of Hits TVs daily audience were over 16 years old and, of the 20% that were under 16, 14% were between 10 and 15 years old. We noted the BARB figures from Emap meant children were 5% less likely to watch the channel than the average viewer during the time period 7.30pm to 7.44 pm.

We considered that, although the ad showed a woman who seemed to be trapped, there was little threat portrayed in the ad and the images were not graphic or violent. We considered that, although the ad might not be suitable for very young children, a post 7.30 pm restriction would keep the ad away from those children. We noted Emap had based their scheduling of the ad on the rules for HFSS products and that had led to the ad being broadcast after 7.30 pm. We concluded that the ad was unlikely to cause serious or widespread offence, cause harm to children or be unsuitable for broadcast if shown after 7.30 pm.  

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 6.1 (Offence), 7.3.1 (Children - Mental harm) and 7.3.7 (Children - Use of scheduling restrictions) and CAP (Broadcast) Rules on the Scheduling of TV Advertisements 4.2.3 (Particular separation of advertisements and programmes - Treatments unsuitable for children) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)