ASA Non-broadcast Adjudication: Nokia UK Ltd

Complaint

Objections to a series of advertisements for a combined mobile phone and handheld games console.

a. One advertisement appeared as a poster and showed a photograph of an alleyway at night. The text in the middle of the advertisement stated "This is where I took on three guys ... and made them cry like babies." At the foot of the advertisement was a picture of the mobile phone next to the text "Wireless multiplayer game play Game card titles from top publishers Supports 3D graphics Bluetooth MP3 music player - FM radio Triband mobile phone ... N-GAGE NOKIA ANYONE ANYWHERE".

b. A second advertisement appeared as a poster and in the Guardian Guide. It showed a photograph of a changing room with lockers. The text in the middle of the advertisement stated "This is where I made Kev look small". The foot of the advertisement contained the same picture of the mobile phone and text as in (a).

c. A third advertisement appeared as a poster and in the national press. It showed a photograph of a doorway in a run-down building. The text in the middle of the advertisement stated "This is where I cut them down to size". The foot of the advertisement contained the same picture of the mobile phone and text as in (a).

d. A fourth advertisement appeared as a poster and in the national press. It showed a photograph of a large, isolated caravan in front of a row of tall pine trees. The text in the middle of the advertisement stated "This is where I left Kate, Lucy and Michelle begging for more". The foot of the advertisement contained the same picture of the mobile phone and text as in (a).

e. A fifth advertisement appeared as a poster and in the Metro newspaper. It showed a photograph of a road and a lit bus shelter at night. The text in the middle of the advertisement stated "This is where I got further with Lara than anyone else." At the foot of the advertisement was the text "Tomb Raider Starring Lara Croft ... now on the N-GageTM game deck. Join Lara Croft in this new wireless 3d-action adventure ..." and two pictures of action scenes from the Tomb Raider game. Next to that was a picture of the mobile phone and the text "N-GAGE NOKIA ANYONE ANYWHERE".

f. A sixth advertisement appeared as a PG rated cinema commercial. In the first scene, the camera panned in on a car park. The text "This is where they ran me down" then appeared on the screen. In the second scene, the camera panned in on the same caravan as in (d). The same text as in (d) then appeared on the screen. In the third scene, the camera panned in on an empty road. The text "This is where I cried for help" then appeared on the screen. The final scene showed the mobile phone and the text "wireless multiplayer game play". The phone then separated into two and the text "N-GAGE NOKIA ANYONE ANYWHERE n.gage.com" appeared on the screen.

g. A seventh advertisement appeared in the Evening Standard newspaper. It showed a photograph of a tent in the woods. The text in the middle of the advertisement stated "This is where I hunted them down". At the foot of the advertisement was the text "Red Faction coming soon to the N-GageTM game deck ... takes you on a journey through 12 single player and 5 multiplayer levels ..." and two pictures of action scenes from the Red Faction game. Next to that was a picture of the mobile phone and the text "N-GAGE NOKIA ANYONE ANYWHERE".

The complainants objected that:

1. advertisement (a) was offensive and distressing in its depiction of violence and crime, especially to those who saw it in areas where they faced an increased possibility of assault;

2. advertisement (a) was irresponsible and could condone and encourage violence, including sexual violence;

3. advertisement (b) was offensive and could encourage anti-social behaviour: the complainants believed it invited those who saw it to identify with bullies and was distressing for families with children who had experienced bullying;

4. advertisement (c) was offensive and distressing because it portrayed violence;

5. advertisement (d) was offensive and distressing;

6. advertisement (d) condoned and could encourage sexual violence towards women. One complainant objected that the advertisement was unsuitable to be seen by boys and young men of an impressionable age;

7. advertisement (e) was distressing and encouraged sexual intimidation and violence and

8. advertisement (f) was offensive because it implied scenes of real life crime where the victim was not consenting.

9. One complainant objected that advertisement (g) was offensive because it blurred the distinction between violence in computer games and violence in reality: he believed the photograph depicted a crime scene.

CAP Code (Edition 11)

Ruling

The advertisers said their approach was suitable for selling a gaming brand and represented a style of advertising typical of the gaming genre. They explained they wanted to produce compelling and memorable advertising because N-Gage was Nokia''s first sub-brand and its first venture into the highly competitive gaming market. The advertisers pointed out that they were selling a mobile phone with multiplayer gaming features and their approach reflected that, for the first time, the gamer could compete against other human players in any environment. They asserted that their campaign tapped into the competitive spirit of the gamer. The advertisers argued that the advertisements contained a double meaning: a real location and a gaming moment. They maintained that each advertisement focused on a location that was an unexpected but possible place for gaming and the advertisements gave the sense that something had happened at each of the locations. They argued that the wording was typical of language used in any competitive environment and the intended meaning was victories in gaming. They stated that the N-Gage campaign was targeted at the active adult gamer aged 18-35 years.

1. Complaints upheld

The advertisers argued that the photograph did not show people or signs of violence or attack. They insisted that the text "I took on three guys ... and made them cry like babies" referred to winning a game against three players on the N-Gage game deck. The Authority considered that the photograph showed a realistically dark and lonely place that was a likely location for assault and an unusual location for game-playing. It considered that the advertisement could be seen to refer to a violent situation. The Authority concluded that the advertisement was likely to cause serious or widespread offence or distress to readers. It asked the advertisers not to repeat the advertisement.

2. Complaints upheld

The advertisers maintained that the advertisement did not condone or encourage violence. The Authority considered that the advertisement did not suggest sexual violence. It considered, however, that the text referred to one person overcoming three and that the advertisement could be seen to condone or encourage violence. The Authority asked the advertisers not to repeat the advertisement.

3. Complaints upheld

The advertisers said they did not intend to encourage anti-social behaviour, including bullying. They said the text alluded to a gamer bragging about his win against "Kev". They said the product was not targeted at children and asserted that the photograph of the locker room was not intended to represent a child''s environment. The Guardian maintained that the advertising was suitable for inclusion in the adult-targeted Guide. They stated that they had not received any complaints about the advertisement. The Authority considered that the poster medium meant that children would be able to see the advertisement, that the tone of the wording suggested language used by children, and that the photograph could be seen to represent a school changing room. It considered that the advertisement could be interpreted as a depiction of bullying and was likely to cause offence and distress. The Authority asked the advertisers not to repeat the advertisement.

4. Complaints upheld

The advertisers said the advertisement was merely about one person beating another one in a game and bragging about it. The Authority considered that the photograph showed an isolated location where an attack could realistically take place. It considered that the advertisement could be seen to refer to violence and was likely to cause offence and distress. The Authority asked the advertisers not to repeat the advertisement.

5. Complaints upheld

The advertisers said the text referred to the addiction of gaming. The Authority considered that the expression "begging for more" in conjunction with three women''s names had sexual connotations and that the advertisement was likely to cause serious or widespread offence. It asked the advertisers not to repeat the advertisement.

6. Complaints upheld

The Authority considered that in conjunction with the text, the photograph of a caravan in an isolated location could be seen to be sinister and to suggest entrapment of women for sexual purposes. The Authority concluded that the advertisement could be seen to condone or encourage sexual violence towards women and asked the advertisers not to repeat it.

7. Complaints not upheld

The advertisers argued that the text merely referred to the gamer reaching new levels in the game. The Metro said most of their readers were familiar with the Lara Croft "Tomb Raider" game and mobile gaming technology, and argued that readers would have understood the advertisement''s cultural references. They stated that they had not received any complaints about the advertisement. The Authority considered that the text could be seen to refer to sexual activity, but was unlikely to be seen as encouraging sexual intimidation and violence. The Authority considered that most readers would interpret the text as referring to the "Tomb Raider" game starring Lara Croft, because the advertisement prominently featured pictures of action scenes from this game. It did not object on this point.

8. Complaints not upheld

The advertisers maintained that the advertisement featured locations where gaming was possible, and that the scenes did not depict victims. They said the text "This is where they ran me down" referred to losing a driving game and "This is where I cried for help" referred to a gamer''s frustration in being unable to reach the next gaming level. The Cinema Advertising Association said their Copy Panel had considered the commercial to be unsuitable for exhibition with children''s films because it hinted at physical violence and female sexual insatiability, but suitable for exhibition with PG films because nothing explicit was shown and the end of the commercial disclosed that the scenes and text referred to computer games. The Copy Panel argued that the commercial was suitable to be seen by boys and young men because they would be able to associate the scenes and text with the fantasy world of gaming. The Authority considered that although individual scenes in the commercial could initially be seen as unsettling, the commercial was very brief and did not allow time for suspense to develop into fear or offence before the end of the commerical, which contained a clear reference to the advertisement being for a mobile gaming device. The Authority noted that the commercial was shown only with films rated PG or above and considered it was unlikely to cause serious or widespread offence to the likely audience. It did not object on this point.

9. Complaint not upheld

The advertisers said the photograph was not connected to a real crime or intended to suggest a crime scene. They asserted that the text referred to the gamer hunting down the enemy in the "Red Faction" game. The Evening Standard said the photograph did not depict a crime scene because police tape was not shown. They said the text could be seen to be sinister, but pointed out that scenes from the "Red Faction" game were prominently displayed. They stated that they had not received any complaints about the advertisement. The Authority considered that the pictures of action scenes from the "Red Faction" game meant most readers would interpret the text as referring to this game. It considered that readers were unlikely to see the photograph as depicting a crime scene. It did not object on this point.