ASA Adjudication on British Sky Broadcasting Ltd

Ad

A TV ad for Pfizer, warning against the purchase of counterfeit medicines, featured an image of a man regurgitating a rat.

Issue

The complainant objected that the ad was inappropriately broadcast at 10.45pm.

BCAP TV Code

BCAP TV Scheduling Code

Response

Sky explained that the ad was scheduled to appear during a live National Football League match after 11pm. However, they said the format of the live sport coverage changed and the ad break was shown approximately 15 minutes before the timing restriction. Sky said that, because they were not the host broadcaster, they were forced to make quick changes to accommodate the changing format which meant they were unable to amend the ad break to remove the ad. They apologised for the ad appearing before 11pm and for any distress it may have caused viewers.

Pfizer explained that they sought to ensure the ad was targeted appropriately to avoid potential fear and distress to younger audiences. They said they followed general industry practice in notifying broadcasters that the ad had a strict post 11pm timing restriction and only booked the ad to appear after that time.

Assessment

Upheld

The ASA understood that the ad was transmitted before 11pm in error due to a change in the timing of live sports coverage. We understood that this was a one-off instance outside of Skys control, but nonetheless considered that they had a responsibility as the broadcaster to ensure ads were shown at appropriate times. Because the ad appeared before its assigned timing restriction during sports coverage that was likely to have wide-ranging appeal, we concluded that the broadcast had breached the Code.

The ad breached CAP (Broadcast) TV Code rule 7.4.7 (Use of scheduling restrictions) and CAP (Broadcast) Scheduling Code rule 4.2.1 (Children and young people.)

Action

We told Sky to ensure that ads were broadcast appropriately in future.

Adjudication of the ASA Council (Broadcast)