ASA Adjudication on Sony Music Entertainment UK Ltd
Sony Music Entertainment UK Ltd
9 Derry Street
30 January 2013
Number of complaints:
Mindshare Media UK Ltd
Summary of Council decision:
Two issues were investigated, both were Not Upheld.
A poster ad, which was seen on phone boxes, included an image of the singer Pink, who was crouched down wearing stockings and suspenders. Text stated "P!NK The TRUTH ABOUT LOVE OUT NOW".
The complainants challenged whether the ad was:
1. likely to cause serious or widespread offence, particularly in an untargeted medium, because they believed it was overtly sexual; and
2. unsuitable to appear where it could be seen by children, in particular because it appeared on the route to a high school and on a housing estate.
CAP Code (Edition 12)
1. & 2. Sony Music Entertainment UK Ltd (Sony) said they used third parties to place the ads and had little control over the exact sites on which they appeared. They would not, therefore, have specifically targeted a 'school run'. Sony said the ads were no longer appearing. However, they believed they did not breach the Code.
JCDecaux (the media owner) did not respond to our enquiries.
1. & 2. Not upheld
The ASA noted the singer was crouched down wearing stockings and suspenders and had part of her midriff and lower back exposed. We also noted, however, that text partially obscured the singer's lower half. Nevertheless, while we acknowledged the use of such an image was not directly relevant to the product being advertised, we considered the pose and facial expression shown were not overtly sexual and therefore considered the ad was unlikely to cause serious or widespread offence. We noted that the ad appeared in an untargeted medium but, because its content was no more than mildly sexual, considered it was also suitable for display where it could be seen by children. We therefore concluded that the ad did not breach the Code.
We investigated the ad under CAP Code (Edition 12) rules 1.3 (Responsible advertising) and 4.1 (Harm and offence) but did not find it in breach.
No further action necessary.