ASA Adjudication on Universal Pictures (UK) Ltd

Ad

A poster and radio ad for the film "Inglourious Basterds".

a. The poster featured an image of three men holding guns and a knife.

b. The radio ad featured sound clips from the film; the voice-over stated “Quentin Tarantino brings you his most inglourious, most wildest adventure yet, utterly glorious … Inglourious Basterds in cinemas Wednesday."

Issue

1. Six complainants objected that the word "basterd" was offensive and inappropriate for display on a poster or where it could be seen by children.

2.  One listener objected that the word "basterd" was offensive and inappropriate for broadcast when it could be heard by children.

CAP Code (Edition 11)

BCAP Radio Code

Response

1. & 2. Universal Pictures Ltd (Universal) said they did not intend to cause offence with the campaign and were mindful of those connected to the theme of the film and children who might come in contact with their advertising. The film was titled "Inglourious Basterds" and was deliberately misspelt to reflect its French setting.  Universal said it was common for titles to be misspelt to imply another meaning and cited the example of the film "Meet the Fockers" which also ran ads in outdoor advertising sites.  Although they acknowledged that there was no way to ensure that children would not be exposed to the material, they said they took steps to ensure that the ads did not appear in the vicinity of schools or places of worship.  

Universal said that some may find the term "bastard" or its variant spelling "basterd" a derogatory term; however, they understood that the word featured in the Oxford Primary Dictionary which was approved by primary schools and the Kids Collins Dictionary which was specifically designed for children under 11 years of age.  Universal said they understood the concern some parents may have but nonetheless considered that the term had been designated as appropriate for childrens dictionaries and was not profane unless it was used in an aggressive manner.  

In relation to the radio ad, Universal said the RACC cleared the ad to run except during breakfast (06.00-10.00) and drive-time (16.00-19.00).  They said they took account of each radio stations target audience and avoided transmitting the ad on stations where the word may cause offence.  Following a complaint they placed the ad post 19.00 only.

The RACC said they cleared the ad on the understanding that the full film title appeared only once, and that the ad was scheduled away from times when children were likely to be listening.

Assessment

1.  Not upheld

The ASA considered that although the word "basterd" would be considered distasteful by some, it was presented in the context of a film and was not used in an aggressive or derogatory manner or used to verbally attack someone.  Because the word was presented in such a way as to make it clear that it referred to a film, and care was taken in its placement to mitigate its exposure to children, we considered that it was unlikely to cause serious or widespread offence, or be seen as socially irresponsible.

On this point, we investigated ad (a) under CAP Code clauses 2.2 (Social responsibility), 5.1 and 5.2 (Offence) but  did not find it in breach.

2. Not upheld

We noted the steps Universal had taken to ensure that the radio ads were scheduled in such as way to avoid times when children were most likely to be listening.  We considered that the ad was unlikely to be of particular appeal to children and, because it was clear the word referred to the title of a film, we concluded it was unlikely to cause serious or widespread offence or harm children.

On this point, we investigated ad (b) under CAP (Broadcast) Radio Advertising Standards Code section 2, rule 9 (Good taste, decency and offence to public feeling) but did not find it in breach.

Action

No further action required.

Adjudication of the ASA Council (Broadcast)

Adjudication of the ASA Council (Non-broadcast)