ASA Adjudication on ITV3 Ltd

Ad

Eight ads were shown in an ad break during Sherlock Holmes on ITV3.

Issue

The complainant challenged whether the ads were excessively noisy compared to the surrounding programme material.

BCAP TV Code

Response

ITV3 Ltd (ITV3) said the Sherlock Holmes series was made in the early 1980s and the style of production was considerably different to modern dramas and ads.  They said there were many instances where the audio was nearly silent as the characters considered the mystery before them, and incidental music was very much in the background.  They said that the scenes where characters argued and shouted, although short in duration, were as loud as the loudest parts of the ads.  However, they pointed out that the short duration of those sections made using a loudness meter difficult because a consistent integration time had to be applied to the metering of content.  They suggested that if the viewer had become accustomed to the quieter sections within the programme then that might have contributed to their perception that the ad break was loud.

ITV3 underlined that all their ads were checked against a loudness meter to ensure that the loudest part of any one ad was no louder than the loudest part of any other ad.  They said they could not police content that was quiet for dramatic, editorial or impact related purposes. They said the commercial breaks were consistent throughout and the peak loudness was consistent between individual ads and between preceding and following ad breaks.

ITV3 believed the loudness of the ads was appropriate and consistent in the context of the overall loudness of the channel but recognised that there might have been an issue with the programme material.  They said they intended to assess copies of the programme from both the original supplier and the ITV library to see if there was a technical issue during transfer.

ITV3 added that they were working with other broadcasters and the broader advertising industry to establish consistent working practices to give viewers of any channel a more consistent TV experience with regard to maximum loudness.

Assessment

Upheld

The ASA acknowledged that ITV3 were working with other broadcasters and the industry generally to ensure compliance and welcomed their efforts in this regard.

We noted that the programme had a wide dynamic range, with periods of quiet suspense punctuated by short, louder bursts.  We noted that the maximum subjective loudness of ads was consistent with other ads during the break, but that it was not well matched to the overall sound levels of the programme, making the ads seem loud in comparison. Whilst we recognised that commercial breaks sometimes occurred during especially quiet parts of a programme, we nevertheless concluded that the ads were excessively strident and breached the Code.

The ads breached CAP (Broadcast) TV Advertising Standards Code rule 6.9 (Sound levels in advertisements).

Action

The ads loudness must not be excessive and must be more consistent with the surrounding programme material.

Adjudication of the ASA Council (Broadcast)