ASA Adjudication on Lions Gate UK Ltd

Ad

a. A TV ad for the film My Bloody Valentine 3D showed clips from the film while voice-over stated "Prepare to witness the most terrifying 3D experience to tear through the screens. My Bloody Valentine 3D. It's the ultimate 3D experience only in cinemas." The clips were interspersed with large headings that stated "PREPARE TO WITNESS" and "TERRIFYING 3D EXPERIENCE." The ad also showed scenes inside a cinema auditorium while the film was running. The audience wore 3D glasses. At one point, a character on the screen threw a pick axe which appeared to fly out into the audience. The audience was also shown shielding their faces from flames which emitted from the screen. A large heading at the end of the ad showed the film's title, rating and a website address and stated "IN CINEMAS JAN 16." b. A radio ad stated "Have you ever watched a 3D movie at the cinema? Now get ready for the horror experience you've been waiting for. My Bloody Valentine 3D, the ultimate 3D horror movie. Authorities are calling this the Valentine's Day Massacre. Objects, blood and gore will feel like they're flying at you, making you jump out of your seat and bringing you closer to the action than ever before. My Bloody Valentine 3D. Only in cinemas from Friday, rated 18." c. A national press ad was headed "THE MOST TERRIFYING 3D EXPERIENCE TO TEAR THRU THE SCREENS - MY BLOODY VALENTINE 3D 18TBC - NOTHING SAYS 'DATE MOVIE' LIKE A 3D RIDE TO HELL." The ad showed a cinema audience wearing 3D glasses shrieking as a pick axe and shards of glass flew towards them. Text at the bottom of the page stated "IN CINEMAS JANUARY 16." A website address followed. d. An internet display ad was headed "MY BLOODY VALENTINE 3D." The ad showed an extract from the image used in the national press ad of audience members wearing 3D glasses shrieking as a pick axe and shards of glass flew towards them. Large text at the bottom of the screen stated "IN CINEMAS NOW - CLICK FOR MORE."

Issue

Two viewers, two recipients of the internet display ads and one complainant who had seen the TV ad, heard the radio ad and read the national press ad challenged whether:

1. the TV ad,

2.  the radio ad, and

3.  the national press and Internet display ads

were misleading because they did not state that in most cinemas the film was shown in 2D and was shown in 3D in selected cinemas only.

CAP Code (Edition 11)

BCAP TV Code

BCAP Radio Code

Response

Lions Gate UK Ltd (Lions Gate) said that, when promoting the release of the film My Bloody Valentine, they had chosen to promote the 3D version rather than the traditional 2D version.  They said that, on the opening Friday (16 January), 90 cinemas were showing the film in 3D and 103 were showing it in 2D.  They said that a film playing in approximately 100 cinemas and in most major towns could not be described as a release in "selected" cinemas.  They said that, in the first six weeks of release, 647 cinemas played the film in 3D and 463 played it in 2D.  They said their website enabled prospective viewers to find a cinema showing the film in 3D and that there was also a link to exhibitor websites where they listed the film as showing in either 2D or 3D.  They said customers who asked for tickets for "My Bloody Valentine 3D" at cinemas showing the film in 2D only were informed that the film was not being shown in 3D at that cinema.  They emphasised that the film was shown more widely in 3D than in 2D.  They said the ads were not intended to be used again.

1.  Clearcast said they believed it was clear that the TV ads promoted My Bloody Valentine 3D and that the focus of the TV ad, which showed the audience wearing 3D glasses, was on the 3D film.  They said there was no reference or allusion to the 2D film in the TV ad.  They said it was not their practice to question the size of a film release.  They said that, when they had previously approved ads for small, independent films, for showing in art house cinemas, they had not directed the ads to state that the films were showing in selected cinemas only.  They said they understood that, because of the way the film distribution worked, with chains of cinemas buying rights to individual films, no film was shown in all cinemas.  They said that, if it was decided that a qualification was needed for My Bloody Valentine 3D, it could be argued that all film releases would require a similar qualification.  They said it was regrettable that some viewers had not understood that the 3D version was available in selected cinemas only but they believed it was clear from the small number of complaints received that the TV ad had not misled viewers more widely.

2.  The RACC said they had cleared a number of scripts for the 3D version of My Bloody Valentine, the majority of which stated "only in selected cinemas from Friday/now."  They said two versions, however, had stated "only in cinemas from Friday/now."  They said they had had no reason to assume that the 3D version was not showing in all cinemas but, in light of the complaint about the radio ad, they undertook to ensure that 3D films were advertised as being shown in "selected" cinemas where that was the case.

Assessment

1., 2. & 3.  Upheld

The ASA noted the points made by Lions Gate, Clearcast and the RACC.  We noted that the ads made no reference to the 2D film; that all the ads referred to "My Bloody Valentine 3D"; that the TV, national press and internet display ads showed the audience wearing 3D glasses; and the efforts made when prospective viewers purchased tickets to warn them if the cinema was showing the 2D version only.  We noted Clearcast's point that independent films showing in art house cinemas were not told to state that the films were showing in selected cinemas only.  We welcomed the RACC's undertaking to ensure 3D films were advertised as being shown in "selected" cinemas where that was the case.

We also noted, however, that, although not referred to in the ads, the 2D version of the film was also showing and that, when the film opened, it was the 2D version that was being shown more widely.  The 2D version continued to be shown widely during the film's run, although not as widely as the 3D version came to be shown.  We considered audiences were likely to be attracted to a 3D showing of the film but that, depending on the stage of the run, there was a strong or considerable likelihood that only the 2D version would be available to them.  We concluded that, because they did not state the limited nature of the availability of the 3D version of the film in comparison with the 2D version, the ads were likely to mislead.

On point 1., ad (a) breached CAP (Broadcast) TV Advertising Standards Code rules 5.1.1, 5.1.2, 5.1.3 (Misleading advertising), 5.2.2 (Implications) and 5.2.3 (Qualifications).

On point 2., ad (b) breached CAP (Broadcast) Radio Advertising Standards Code section 2 rule 3.1 (Misleadingness - general).

On point 3., ads (c) and (d) breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).

Action

Ads (a) and (b) must not be broadcast again in their current form.  Ads (c) and (d) must not appear again in their current form.  We welcomed Lions Gate's assurance that the ads were not intended to be used again and the RACC's undertaking to ensure that 3D films were advertised as being shown in "selected" cinemas where that was the case.

Adjudication of the ASA Council (Broadcast)

Adjudication of the ASA Council (Non-broadcast)