ASA Adjudication on Take Two Interactive Software Europe Ltd

Ad

A poster for a console game, which showed a living skeleton dressed in black leather. The skeleton's head was on fire.

Issue

Two complainants objected that the ad was offensive because the image was disturbing and gruesome, and could be seen by children.

CAP Code (Edition 11)

Response

Take Two Interactive Software Europe Ltd (Take Two) explained that Marvel US, creators of the Ghost Rider comic, were the licensees for the brand. They explained that Sony Pictures held the licence for the Ghost Rider movie, and created the images used to promote the movie with the approval of Marvel. Take Two said they had wanted synergy with the movie, and had been happy to use the artwork created by Sony Pictures in their posters for the Ghost Rider game.

Take Two said that the artwork in the ad was representative of the image content of the game. They explained that the Ghost Rider game had been given a 12 rating by the British Board of Film Classification (BBFC), which meant that it was suitable for anyone over 12 years of age. Take Two said they did not feel that the imagery used on the poster was harmful or offensive. They said they did not believe the image was anything other than fantasy and bore no relation to the real world.

Assessment

Not upheld

The ASA understood that the imagery used on the poster was representative of the images used in the game, and that the BBFC had approved the game as suitable for children over 12 years of age. We noted that the skeleton figure was a fantasy character and was likely to be recognised as such. We understood that the images might upset some people, but concluded that the poster would not cause serious or widespread offence and would not unduly distress children.

We investigated the ad under CAP Code clauses 5.1 (Decency) and 47.2 (Children - physical, mental and moral harm) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)