ASA Adjudication on Npower Ltd

Ad

Two TV ads for NPower depicted different scenarios to the sound of Bing Crosby singing "Accentuate the Positive". They both used a visual technique that caused the movement of the ads' characters to appear juddered. Both ads also ended with a bright flash of torch light moving across the screen, which projected text as it moved and transformed into the NPower logo.

Issue

One viewer, who suffered from photosensitive epilepsy, queried whether the ads were harmful to viewers with the condition, because they made him feel unwell.

BCAP TV Code

Response

RWE npower (RWE) explained that, prior to broadcast, the ads had been assessed using the Harding Flash and Pattern Analyser, (the Harding test), which was a test to ensure that risk to those who experienced photosensitivity was brought to a minimum. They said they had obtained certificates to confirm that the ads had passed the test.

Clearcast confirmed that the ads had passed the Harding test for photosensitivity as part of their clearance process. They submitted the test certificates for each ad in support of this.

Assessment

Not upheld

The ASA understood that the complainant had felt unwell after seeing the ads and acknowledged that photosensitive epilepsy could be triggered or provoked by flashing or flickering light.  We noted provision had been made in the BCAP Code to ensure that advertisers did not use techniques that may directly harm viewers and also that Ofcom had issued guidance on the visual content of broadcast material for licensees to reduce the risk of television causing seizures in susceptible viewers.

We understood that the ads had passed the Harding test, which was a commercially available test device that assessed the degree of flashing within broadcast material and could be used to identify sequences that presented a risk to those who may be susceptible to photosensitive epilepsy.  We asked Ofcom to conduct an independent analysis.  Having assessed the ads, Ofcom confirmed that they complied with their Guidance Note on Flashing Images and Regular Patterns in Television.  They explained that, although the technique used affected the appearance of the ads to give an unnatural visual effect, it had not affected their compliance with the flashing images guidance.

We understood that, because TV was a flickering medium, it was impossible to entirely eliminate the risk of television causing problems for some viewers who suffered from photosensitive epilepsy.  On this occasion, however, we were satisfied that appropriate steps had been taken to ensure that any risk was minimised.  While we sympathised with the complainant's experience, we concluded that the ads had complied with the established guidelines for flashing images on television and were unlikely to cause harm.

We investigated the ads under CAP (Broadcast) TV Advertising Standards Code rule 6.7 (Harm and safety) but did not find them in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)