ASA Adjudication on Transact Group Ltd

Ad

A TV ad showed a woman, wearing an unbuttoned shirt and knickers, reclining on a bed. She said "Hi guys, I'm Lara from London. I'm looking for love or just some cheeky fun so text me now". A second woman, wearing a vest top and knickers, was shown in a bathroom. She said "Hiya I'm Jenna from Newcastle. I'm twenty five years old and loads of fun. I'm looking for a Northern lad to take me out clubbing." A third, sitting on a sofa and wearing a vest top and knickers, said "Hi my name's Charlie and I'm based in Manchester. Text me if you like a girl with a naughty sense of humour." A fourth, in a gym and wearing a bra top and shorts, said "I'm Nina. I'm studying to be a fitness instructor in Bristol. Where are all the hot guys? Text me!". All four women were shown in a split-screen and voice-over said "Text area to 84248, that's area to 84248 right now". On-screen text showed the women's names and "Text: Area to 84248". Text at the bottom of the screen said "18+ Only, Customer Service 08704 541000. Rayshield. May receive free promomsgs. Message cost 75p each (billed at 2 msg increments). To end send stop to 84405".

Issue

A viewer, who saw the ad on Movies4Men at 5.30 pm during the film Biggles, complained that it was inappropriate and unsuitable for broadcast during a film of interest to children and at a time when they might be watching.

BCAP TV Code

BCAP TV Scheduling Code

Response

Clearcast confirmed that they had given the ad an "ex-kids" restriction, which meant it should not be shown in or around programmes made for, or specifically targeted at, children.

Transact Group (Transact) did not comment on the complaint.

Movies4Men said their channel broadcast classic, action-style feature films of the "war & westerns" variety and was aimed primarily at an adult male audience.  They believed the channel was unlikely to appeal to children and that to screen the ad at the time the viewer saw it would therefore not breach the Clearcast "ex-kids" restriction.  They provided Broadcasters Audience Research Board (BARB) data for the date and time the Biggles film was shown, which they said showed that no children were viewing.

Assessment

Not upheld

The ASA noted the ad featured women who invited viewers to contact them by text.  We considered, however, that, although suggestive, the womens dress, words and behaviour were not overly sexual.  We considered the ad was acceptable for broadcast if scheduled at a time when children were unlikely to be watching.

We noted, furthermore, the BARB figures for the time the ad appeared showed the Television Rating (TVR) for children was zero.  We were satisfied that the ad had appeared on a channel, and during a film, that was very unlikely to appeal to children.  We concluded that the ad had been scheduled appropriately.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 7.4.1 (Mental harm) and 7.4.7 (Use of scheduling restrictions) and CAP (Broadcast) Rules on the Scheduling of Advertising rule 4.2.3 (Treatments unsuitable for children) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)