ASA Adjudication on E1 Entertainment UK Ltd

Ad

A TV ad, for the DVD release of the '18' certified film 'Dead Snow', featured scenes from the film showing a burning torch in front of a Nazi flag, a zombie hand smashing through a window and grabbing a woman's neck, and women screaming. A voice-over stated "It's time for the dead to rise". The ad then showed a crowd of zombies, with bloody faces and in Nazi uniforms, roaring aggressively as they charged through snow towards two people who were wielding a chainsaw and sledgehammer; one of the zombies seemed to resemble Hitler. Blood splatters appeared on the screen and text stated "EIN! ZWEI! DIE!".

Clearcast applied a post 9 pm scheduling restriction to the ad.

Issue

The ASA received four complaints:

1. Three viewers objected that the violence in the ad was too offensive to be shown on TV.

2. Two viewers thought the Nazi imagery in the ad was offensive; one of them mentioned the broadcast's proximity to the 70th anniversary of the outbreak of the Second World War.

3. Two viewers, who both saw the ad after 9 pm, objected that it was inappropriately scheduled because it had frightened their children (aged 10, 11 and 12).

BCAP TV Code

BCAP TV Scheduling Code

Response

E1 Entertainment UK (E1) said the film's genre was comedy horror and they intended the ad to be eye-catching.  They said their agency followed all the correct procedures in its communications with Clearcast about the ad's clearance and timing restrictions.

Clearcast said the ad's violence was implied, because none of the blows with the chainsaw, sledgehammer or fists were seen to connect with the zombies.  They nevertheless thought a post 9 pm scheduling restriction was appropriate, to keep the aspects of horror such as screams, splashes of blood, scary faces and implied violence away from younger viewers.

Although they felt the zombie representation of the Nazis removed the action from immediate reality, Clearcast gave the ad a special presentation code which highlighted to broadcasters that it featured Nazi footage, thereby ensuring the ad would not be shown around programmes whose viewers were likely to see such footage as offensive.

Assessment

1. Not upheld

The ASA considered that the scene showing two men approaching zombies at speed with a chainsaw, and ensuing splashes of blood, was likely to be seen as a depiction of violence.  However, we considered that the ad, which was recognisably for a fictitious horror film, did not display levels of violence explicit enough to render it too offensive to be shown on TV, and that it was unlikely to cause serious or widespread offence to viewers after 9 pm.

On this point, we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rule 6.1 (Offence) but did not find it in breach.

2. Not upheld

We considered that, particularly because the ad was shown around the 70th anniversary of the outbreak of the Second World War, some viewers might find the Nazi imagery tasteless.  However, we were of the view that the portrayal of the Nazis as zombies made the ad seem unrealistic.  We also noted the ad was kept away from particular programmes where Nazi imagery in advertising could be seen as especially offensive.  We considered that the action taken by Clearcast minimised the possibility of the Nazi imagery causing serious or widespread offence to viewers, and was sufficient.  

On this point, we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rule 6.1 (Offence) but did not find it in breach.

3. Not upheld

We acknowledged that young children might find the ad upsetting or frightening, but considered that a post 9 pm restriction was sufficient to keep it away from those children, because most viewers would be aware that more adult material was more likely to be shown after 9 pm.

On this point, we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rule 7.4.7 (Children - Use of scheduling restrictions) and CAP (Broadcast) Rules on the Scheduling of TV Advertisements 4.2.3 (Particular separation of advertisements and programmes - Treatments unsuitable for children) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)