ASA Adjudication on Mytxt.co.uk Ltd

Ad

Two TV ads for MyTxt, a mobile speed dating introduction agency:

a. The first ad showed three girls in swimming costumes. The girls were shown in a jacuzzi looking at one of the girls' mobile phone. A female voice-over stated "Relax and meet girl after girl with mobile speed dating ... it's the refreshing way to meet girls in your area. Just text your postcode to 60XXX ... flirt and swap pictures ... Hook up with girls in your area instantly. Your mobile will be bubbling over with new girls". Large on-screen text stated "Mobile Speed Dating Text your postcode to 60XXX" and smaller text stated "18+ only ..."

b. The second ad showed the same three girls in swimming costumes who had featured in ad (a). The girls were shown in a swimming pool looking at a mobile phone and smiling. The final shot showed all three girls in the water looking directly at the camera. A female voice-over stated "Meet amazing girls out of the blue with mobile speed dating. Yes, text, swap pictures, make someone's day. Simply text your postcode to 88XXX ... chat and flirt, hook up and have some fun ... dive in and meet girls in your area now." Large on-screen text stated "Mobile Speed Dating TEXT YOUR POSTCODE 88XXX" and smaller text stated "18+ only ..."

Both ads were cleared by Clearcast with an ex-kids restriction which meant that they should not be shown in or around programmes made for or specifically targeted at children.

Issue

1.  Three viewers, who considered the girls featured in ad (a) and ad (b) looked under 18 years of age, said the ads were offensive in their portrayal of young girls for an adult service.

The ASA challenged whether the ads:

2.  were directed at people under 18 years of age, and

3.  contained material that appeared to encourage or condone promiscuity.

BCAP TV Code

Response

1.  Acumen Partners (Acumen) responded on behalf of Mytxt.co.uk Ltd and provided evidence that all the young women in the ads were over the age of 18 years.  They explained that all of the women had been used in previous ads and their age had not been questioned.  Acumen said they tried to cast women in their early twenties who had a natural 'girl-next-door' image.   They pointed out that the difference in these ads was that the women were not shown wearing make-up, because they were situated in a swimming pool and jacuzzi.  They felt that this, coupled with the reflective qualities of the water, gave the women a fresher look, but did not agree that they looked under 18.

Clearcast believed that viewers were unlikely to think that the women in the ad were under 18, and pointed out that there were no references to teenage culture in the ads.

2.  Acumen said that, although the ads were cleared by Clearcast with an ex-kids restriction which would not prevent them from running the ads during the day, the ads were aired almost entirely after 11 pm, and the majority were only aired after midnight.  They explained that they targeted a core audience of 26- to 33-year old men and had bought advertising space on channels accordingly.  Acumen did not feel that the ads had been directed at people under 18 and believed that the scheduling of the ads had been appropriate to their target audience.

Clearcast endorsed Acumen's comments that the scheduling of the ads ensured that they were not targeted at or directed to people under 18 years of age.

3.  Acumen explained that they used a standard script in all their ads, but adapted the script in each ad so that certain lines could be included which corresponded with the visuals being shown.  They said, for example, the reference in ad (a) to "your mobile will be bubbling over with new girls" was simply a way of linking the voice-over in with the scene showing the three women sitting in a jacuzzi.  They did not agree that the ads would encourage or promote promiscuity.

Clearcast said the references to "meet girl after girl" were intended to draw attention to the choice and variety of women available to chat.  They did not agree it was an invitation to engage in promiscuous behaviour and pointed out that similar statements had been used in many ads of this nature without any problems.

Assessment

1.  Not Upheld

The ASA noted the comments from Acumen that the actresses used in the ads had been used before and had drawn no complaints or queries about their age.  We also noted their comments that, because they were shown in a swimming pool environment, and were not wearing make-up, the young women did not look as old as they had done in other ads.  We acknowledged that the complainants had been concerned about the ages of the women in the context of a service which was for adults only, however we considered that all of the young women looked in the region of 18 to 20 years old.  We agreed with the complainants that the women were, in some scenes, young-looking, but because they did look 18 or over, we concluded that the ads would not have been seen as portraying under 18s for an adult service and would not cause serious or widespread offence.

On this point, we investigated the ads under CAP (Broadcast) TV Advertising Standards Code rule 6.1 (Offence) but did not find them in breach.

2.  Not Upheld

We understood that the ads had been scheduled after 11 pm and on channels where a significant share of the audience would comprise men in their twenties and thirties.  We also acknowledged that the advertiser's customer base was predominantly made up of men aged 26 to 33 and that the advertiser's had little to gain by directing the ads at people under 18.  We concluded that because the ads had been scheduled carefully and did not show women who looked under 18 or included references to teenage culture,  they had not been directed at people under 18.

On this point, we investigated the ads under CAP (Broadcast) TV Advertising Standards Code rule 11.7.1 (Introduction and Dating Services) but did not find them in breach.

3.  Not Upheld

We recognised that the voice-over in the ads had followed a similar script to other ads for Mytxt.co.uk.  We noted that the reference in ad (a) to "your mobile will be bubbling over with new girls" linked the voice-over with the visuals which showed the women sitting in a jacuzzi.  Similarly, in ad (b), we noted the reference to "dive in and meet girls in your area" linked the voice-over with the visuals of the young women in the swimming pool.  We also noted Clearcast's comments that the reference to "girl after girl" referred to the choice and variety of women rather than an invitation to engage in promiscuous behaviour.  We understood that the advertised service was a contact and dating service and noted that the ads did not imply that consumers would or could engage in sexual activities with the women they would text.  We noted that the language was flirtatious but not sexual and the young women, although dressed in swimwear, were not posing in a sexual way.  We concluded, therefore, that the ads did not encourage or condone promiscuity.

On this point, we investigated the ads under CAP (Broadcast) TV Advertising Standards Code rule 11.7.1 (Introduction and Dating Services) but did not find them in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)