ASA Adjudication on Entertainment Film Distributors Ltd

Ad

Three posters, for the film “Shoot ‘Em Up”.

a. One poster showed the actor Paul Giamatti pointing a gun; he was holding a mobile phone to his ear with his other hand. Text stated "JUST ANOTHER FAMILY MAN MAKING A LIVING. PAUL GIAMATTI SHOOT ‘EM UP".

b. Another poster showed the actor Clive Owen looking back over his shoulder; he was holding a gun by his side. Text stated "I'M A BRITISH NANNY AND I'M DANGEROUS. CLIVE OWEN SHOOT ‘EM UP".

c. Another poster showed Paul Giamatti, Clive Owen and Monica Bellucci. Clive Owen was leaping in the air; he had a pistol in each hand, which he was pointing towards the viewer. Paul Giamatti stood in the background holding a sniper rifle. Text stated "’THE MOST FRENZIED, INSANELY FUN 90 MINUTES YOU'LL SPEND IN THE CINEMA THIS YEAR’ (MTV) CLIVE OWEN PAUL GIAMATTI MONICA BELLUCCI SHOOT ‘EM UP."

Issue

1. Many complainants, including a member of Kensal Green Community Safety Forum in London, objected that the posters were irresponsible because they believed they glamorised and glorified gun crime.

2. Many complainants believed that the posters were offensive and insensitive towards families directly affected by gun crime, in particular the family of Rhys Jones, the 11-year-old who was recently killed in a shooting incident in Liverpool.

3. Three complainants objected that poster (a) was offensive because they believed it was unduly threatening and might cause particular distress to young children.

CAP Code (Edition 11)

Response

Entertainment Film Distributors Ltd (Entertainment Film) said they disagreed that the posters glamorised gun violence. They said they sent the artwork for the "Shoot 'Em Up" promotion to all their contractors for poster sites prior to approving the advertising campaign. They said their contractors were in close contact with local Councils around the country and this usually provided a safe guideline on whether a creative treatment was acceptable at the time of booking advertising space. They said the weapons in the image of Clive Owen holding two guns (poster c) had been specifically designed to be angled away from the viewer and the poster had been approved by the Advertising Viewing Committee of the Film Distribution Association, the body who approve promotional material for all 18 certificate films.

Entertainment Films said they were sensitive towards the families of those affected by gun crime, and particularly to the tragic shooting of Rhys Jones whose death coincided with the poster campaign for "Shoot 'Em Up". However they explained that the posters had already been booked and supplied to sites before that date. They also said the outdoor campaign for "Shoot 'Em Up" had now been taken down.

Entertainment Film did not comment on the question of possible distress to young children in relation to poster (a).

Assessment

1. Upheld

The ASA recognised that the content of the posters was linked to the content of the film. We noted the guns in the posters were not pointing directly at the viewer and also noted posters (a) and (b) contained text stating "Just another family man making a living" and "I'm a British nanny and I'm dangerous" which created an ironical effect. We were nevertheless mindful of growing levels of public concern about the use and threatened use of guns. We concluded that, when taken together, the image and text in poster (b) would be seen by most people merely to reflect the content of the film and was unlikely to be seen to glamorise or glorify real gun crime. However, we considered that the prominence of the gun in poster (a) and the action shot and the actor's expression in poster (c) suggested a direct aggression that could be seen to glamorise the use of guns and violence. We concluded that ads (a) and (c) could be seen to condone violence by glorifying or glamorising the use of guns.

On this point ads (a) and (c) breached CAP Code clauses 2.2 (Social responsibility) and 11.1 (Violence). We also investigated ad (b) but did not find it in breach.

2. Not upheld

The ASA noted that the deaths of young people in shootings was an issue of public concern, and that most recently the deaths of 20-year-old Tyno Kavuala, 15-year-old Jessie James and 11-year-old Rhys Jones had caused great distress not only to those personally affected but to wider local and national communities. We accepted Entertainment Film's explanation that the posters for "Shoot 'Em Up" had been supplied to sites around the country just before the tragic shooting of Rhys Jones and that their display coincided unfortunately and accidentally with his murder.

Although we acknowledged the distress of those recently affected by gun crime, we considered that in the normal course of events, most members of the public would understand that the posters reflected the content of an action film. We  concluded that they were unlikely to cause serious or widespread offence.

On this point we investigated under CAP Code clauses 2.2 (Social responsibility) 5.1 (Offence) and 5.2 (Public sensitivity) but did not find the ads in breach.

3. Not upheld

Whilst we were sympathetic to the fact that some parents had found poster (a) unduly threatening, we considered that, because the mouth of the gun in this instance was outside the frame of the ad and because the actor Paul Giamatti was simultaneously engaged in a mobile phone conversation, which lessened the realism of his stance, poster (a) was unlikely to cause particular fear or distress to young children.

On this point we investigated ad (a) under CAP Code rule 47.2 (Children) and 9.1 (Fear and distress) but did not find it in breach.

Action

Posters (a) and (c) should not be shown again.

Adjudication of the ASA Council (Non-broadcast)