ASA Adjudication on Warner Bros. Entertainment UK Ltd
Warner Bros. Entertainment UK Ltd
Warner House
98 Theobald's Road
London
WC1X 8WB
Date:
16 December 2009
Media:
Television
Sector:
Leisure
Number of complaints:
1
Agency:
Editpool
Complaint Ref:
102337
Ad
A TV ad for a PG certified film called 'Shorts', broadcast during early morning programming for young children, showed some children deciding to go on an adventure and finding a wishing rock. It showed a crowd of people reeling from the impact of a flash of lightning and large black cloud, and a boy turning into a giant dung beetle. It also showed a frog-like creature with one eye, a giant robot, children being lifted up by a pterodactyl, a man with large flapping ears, flying spacecraft and a giant crocodile falling to the ground.
Clearcast did not apply a scheduling restriction to the ad.
Issue
One viewer said the ad contained images of monsters and other unusual phenomena which had frightened his three-year-old daughter, and should not have been shown during programmes targeted at children aged three or below.
BCAP TV Code
BCAP TV Scheduling Code
Response
Warner Bros. Entertainment UK (Warner Bros.) said that, although one scene in the ad showed a black cloud and dark sky, most of the scenes were set during the day-time against the backdrop of a bright blue sky, and some featured bright colours, including a rainbow. They said the images of the frog-like creature, the pterodactyl, the man with large flapping ears, the falling crocodile and the boy turning into a dung beetle were animated, surreal forms which reflected the adventurous and comic nature of the film and created an impression of fantasy; they were not shown in a menacing manner and were not intended to be scary. They pointed out that the transformation of the boy into a dung beetle happened rapidly and did not show the character in distress or any distortion to his face. They continued that the ad featured lively dialogue between children and an adult voice-over in an American accent, which was not threatening or terrifying. They believed the ad was unlikely to distress most children, because it contained no interpersonal violence and did not display aggression. They thought the ad would instead be seen as fun, humorous and entertaining by children.
Warner Bros. added that the marketing campaign for the cinema release of 'Shorts' had ended and they did not intend to use the ad as part of the campaign for the DVD release.
Clearcast said they were surprised that a complaint had been received, and viewed it as an isolated case. They said 'Shorts' was a children's comedy film; the ad's voice-over did not refer to danger or threat and the music was upbeat. They argued that the visuals were not problematic; the creatures were not at all threatening and the dinosaur vignette was brief and distant. They therefore believed the ad did not warrant a timing restriction.
Assessment
Not upheld
The ASA considered that the ad had an overall tone of adventure and excitement, not fear or menace. We noted the voice-over stated " ... more adventure than you could ever wish for ... ", and considered the music was upbeat and the creatures in the ad were more fantastical and curious than frightening.
Although we regretted that the viewer's child was upset by the ad, we considered that most young viewers were unlikely to be frightened or distressed by it. We concluded that a scheduling restriction in order to direct the ad away from young children was not warranted on this occasion, and the ad had been scheduled appropriately.
We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 7.4.6 (Children - Distress) and 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)