ASA Adjudication on Pathe Distribution Ltd

Ad

A poster for the horror film The Descent Part 2 featured an image of a screaming girl's face covered in blood with what appeared to be bloody scratches down it. Behind her, emerging from a red glow, was a monster with his mouth open, baring his teeth. Text from a review at the bottom of the ad stated "THE FEEL SH*T SCARED FILM OF THE DECADE".

Issue

Eighteen complainants challenged whether the language and imagery used in the ad was offensive and whether the imagery could cause fear or distress, and was therefore appropriate for public display where children might see it.

CAP Code (Edition 11)

Response

Pathe Distribution Ltd (Pathe) said they did not believe the ad would cause fear or distress. Rather, they believed the image and text accurately reflected the content of the film, which, as well as enticing horror fans, would also act as a warning to those who would not be interested in the film. Pathe argued that the image and text were not used gratuitously, but were necessary components of what they were trying to achieve. Pathe said the quotation "THE FEEL SH*T SCARED FILM OF THE DECADE" accurately described the nature of the film and would be understood by the majority of people as the sort of exaggeration that was often associated with such films. Pathe argued that the fact that some people had taken offence was evidence that the ad was clear and unambiguous; it made clear to those who were not horror fans that the film would not be appropriate for them.

Pathe explained that in preparing the ad they had paid particular attention to other similar marketing materials that had appeared in phone boxes, train stations and other public areas. They provided a copy of some of those materials and said they did not believe their ad was offensive in comparison. Pathe also provided a copy of a certificate of approval from the Advertising Viewing Committee of the British Board of Film Classification (BBFC), who pre-approved marketing material for all 18-rated films. Pathe said the ad had received an estimated 28 million viewings, and based on the number of complaints received, they did not believe the ad had caused fear, distress or serious and widespread offence.  

Assessment

Upheld

The ASA noted that the poster had not been targeted to reach a particular audience, but had appeared in places that were easily visible to all, including children. We noted that the text "THE FEEL SH*T SCARED FILM OF THE DECADE" was prominent and, although asterisked, we considered the meaning and intention of the word "SH*T" was clear. We recognised that it was therefore difficult for parents who wanted to ensure that children were not exposed to swearing to avoid it, and we considered that the use of "SH*T" on this poster, that could be seen by children, was likely to be considered unacceptable. We further considered that it was likely to cause serious offence to some readers who would not expect such language in an untargeted medium.

We also considered that the image of the screaming girl, covered in blood and scratches, with the monster behind her was an aggressive and threatening image. Although we considered that that image was unlikely to cause serious or widespread offence, we did consider that it could cause distress to younger children. We therefore concluded that, in the context of an untargeted medium where it could be seen by a general audience including children, the poster was unacceptable.

The ad breached CAP Code clauses 2.2 (Social responsibility), 5.1 (Decency) and 9.1 (Fear and distress).

Action

No further action necessary as Pathe agreed not to issue the ad again in its current form.

Adjudication of the ASA Council (Non-broadcast)