Ad description
Six TV ads and one video-on-demand (VOD) ad, seen on various dates in September and October 2011, for a mobile phone retailer featured a ghost-like little girl. Five of the TV ads (a), (b), (c), (d) and (e) were two seconds long and appeared sequentially between non-related ads in the course of a commercial break around six programmes that were broadcast on 28, 29 and 30 September. Ad (a) showed the girl standing with her arms by her sides at a distance. Ad (b) showed the girl standing in the same way but closer to the camera. Ad (c) showed the girl lifting her hand to the side of her head mimicking the action of answering a telephone. Ad (d) showed the girl with her hand raised and four fingers extended. Ad (e) showed the girl with her hand raised and her index and little fingers extended to create a "U" shape.
The sixth TV ad (f) was 30 seconds long and followed a woman walking through an underground car park as the little girl appeared and disappeared in the background. The woman seemed scared and ran to her car, dropping her shopping. Once in the car, the girl appeared at the window and held out a mobile phone to the woman, who screamed. A child voice-over said, "Hello, the Samsung Tocco Icon is only £59.95 on pay as you go." An adult female voice-over whispered, "Phones 4 U. Missing our deals will haunt you." The little girl was then shown making the "Phones 4 U" hand signal.
The VOD ad (g) was the same as TV ad (f) and was shown on 4OD at 10.45pm during the programme The Big Bang Theory.
Issue
601 viewers complained about the ads.
1. A number of viewers challenged whether ads (a), (b), (c), (d) and (e) were offensive, irresponsible, unduly distressing and inappropriately scheduled at a time when children might see them.
2. A number of viewers challenged whether ad (f) was offensive, irresponsible, unduly distressing and inappropriately scheduled at a time when children might see it.
3. One viewer challenged whether ad (g) was offensive, irresponsible and unduly distressing, particularly to children.
Response
1. Phones 4 U Ltd responded to the complaint in conjunction with their advertising agency Adam & Eve. They stated that ads (a–e) were first broadcast on 29 September and that they were intended to parody horror movies. They explained the ads were intended to introduce the little girl by showing her doing the "Phones 4 U" hand signal, which they considered was a well-known, light-hearted brand identifier which was often mimicked and which removed any sense of threat or menace.
Phones 4 U said they had sought guidance from Clearcast throughout the production process and that they did not believe the ads were capable of causing harm to viewers or offending any generally accepted moral, social or cultural standards. They stated that they had complied with all timing restrictions applied by Clearcast and they provided a list of the six programmes during which ads (a–e) had been broadcast. They said those programmes had been chosen in part to ensure that younger children would not see the ads and they pointed out that those programmes were all broadcast after 9pm.
Clearcast explained that, when scrutinising the ads, they had compared them to content seen in trailers for horror and thriller movies because they considered the ad had drawn heavily on those genres. They considered most viewers would understand the tongue-in-cheek movie parody, which was particularly relevant because the ads were broadcast around Halloween, and they believed the manner in which the "Phones 4 U" hand signal had been incorporated in ads (a–e) helped avoid unnecessary tension. They said they recognised the potential of the ads to cause some viewers distress and they confirmed that they had been given a restriction that prevented them from being shown around programmes directed at or likely to appeal to viewers below the age of 16 (children).
2. Phones 4 U stated that ad (f) was first broadcast on Saturday 1 October after the little girl had been introduced by ads (a–e). They said they had been very conscious to ensure that any tension created in the first half of the ad was punctured by a humorous intervention from the little girl, who was the source of the tension. They pointed out that the atmospheric sound effects stopped when the little girl began to speak and they believed her tone of voice emphasised the fact that her intention was to tell the woman about the offer, not to scare or threaten her. They explained that the tension created in the first half of the ad was a creative device used to highlight the quality of the deal being offered and they did not believe it had been gratuitous. They explained that they had decided independently to broadcast ad (f) exclusively after 9pm and that this restriction, which went further than that applied by Clearcast, had been effective across all stations since 6 October. They pointed out that the campaign had recently won an award voted for by the public.
Clearcast referred to their response to point 1 and explained that they felt the tension created in ad (f), which culminated in the woman's scream, had been punctuated by the comedic conclusion. They confirmed that the ad received a post 7.30pm restriction, in addition to the restriction that prevented it from being shown around programmes directed at or likely to appeal to children, to ensure it was only seen later in the evening.
3. Phones 4 U referred to their response to point 2 and explained that they had supplied ad (g) to the channels for use on their VOD services under the instruction that it should only be broadcast post 7.30pm. They reiterated that they believed the tension created was a justifiable method of drawing attention to the offer, that it was not excessive and that it had been relieved before the ad ended.
Channel 4 said they used a number of methods to ensure ads were displayed in a responsible fashion on their VOD service. They said they had applied a timing restriction in line with the advertiser's request which prevented the ad from being shown with any programme before 7.30pm and that The Big Bang Theory had also carried a parental guidance flag.
Assessment
1. Not upheld
The ASA noted that the little girl's appearance was reminiscent of a character from a horror movie and we considered that the way in which ads (a–e) had been broadcast, without context between non-related ads, was likely to have contributed to the unease felt by some adult viewers. However, we considered the ads were unlikely to cause serious or widespread offence or to be unduly distressing for most adults, particularly those who were familiar with the "Phones 4 U" hand signal.
We understood that the little girl's appearance had distressed some children who had seen the ads. We noted that Clearcast had applied a restriction which prevented ads (a–e) from being broadcast in or around programmes directed at or likely to appeal particularly to children and that the six programmes around which the ads had been scheduled were all broadcast after 9pm, which reduced further the likelihood of them being seen by children. We considered the scheduling restriction applied by Clearcast was appropriate and that the ads had been responsibly scheduled to minimize the risk of children seeing them. Because of this, and because we considered the ads were unlikely to cause serious or widespread offence or to be unduly distressing for most adults, we concluded that the ads did not breach the Code
We investigated ads (a), (b), (c), (d) and (e) under BCAP Code rules
1.2
1.2
Advertisements must be prepared with a sense of responsibility to the audience and to society.
(Social responsibility),
4.1
4.1
Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18.
4.2
4.2
Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
and
4.10
4.10
Advertisements must not distress the audience without justifiable reason. Advertisements must not exploit the audience's fears or superstitions
(Harm and offence) and
5.1
5.1
Advertisements that are suitable for older children but could distress younger children must be sensitively scheduled (see Section 32: Scheduling).
(Children) but did not find them in breach.
2. Not upheld
We understood that Phones 4 U had intended to draw attention to the offer in ad (f) by parodying a horror movie. We considered that the ad had created a sense of tension which peaked with the sudden appearance of the little girl at the car window and the woman's scream. We considered, however, that the content and tone of the message delivered by the little girl alleviated that tension and we noted that the woman in the car did not appear frightened once the little girl had spoken. We considered that, although some adult viewers had found the ad distressing, the creation and subsequent dissipation of moderate tension was unlikely to cause serious or widespread offence or to be unduly distressing for most adults.
We understood that the "horror movie" theme of the ad had distressed some children who had seen it. We noted that Clearcast had applied a restriction which prevented the ad from being broadcast before 7.30pm or around programmes directed at or likely to appeal particularly to children and we considered that those restrictions were appropriate to minimize the risk of children, and particularly very young children, seeing the ad. Because of this, and because we considered the ad was unlikely to cause serious or widespread offence to most adults, we concluded that the ad did not breach the Code.
We investigated ad (f) under BCAP Code rules
1.2
1.2
Advertisements must be prepared with a sense of responsibility to the audience and to society.
(Social responsibility),
4.1
4.1
Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18.
4.2
4.2
Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
and
4.10
4.10
Advertisements must not distress the audience without justifiable reason. Advertisements must not exploit the audience's fears or superstitions
(Harm and offence) and
5.1
5.1
Advertisements that are suitable for older children but could distress younger children must be sensitively scheduled (see Section 32: Scheduling).
(Children) but did not find it in breach.
3. Not upheld
For the reasons given in our assessment of point 2, we did not consider ad (g) likely to cause serious or widespread offence or to be unduly distressing for most adults.
We noted that 4OD had applied the same timing restriction as had been applied to the TV ad (f) and that in addition to this the programme during which the ad was shown had carried a parental guidance flag. We considered that those measures were responsible and appropriate to minimise the risk of children seeing the ad and we concluded the ad did not breach the Code.
We investigated ad (g) under CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Social responsibility) and 4.1 4.1 Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18. and 4.2 4.2 Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards. (Harm and offence) but did not find it in breach.
Action
No further action necessary.
