ASA Adjudications

Lions Gate UK Ltd
Ariel House
74a Charlotte Street
London
W1T 4QJ
Number of complaints: 5
Date:7 February 2007
Media:Radio
Sector:Leisure
Agency:The Creative Partnership

Ad
Two radio ads for the film 'Saw 3' contained the sound of a chainsaw and a woman screaming and pleading.

a. The first ad stated "Do you wanna play a game? In the beginning his games got inside your head. Second time around his evil got under your skin. Now his deadliest puzzle ever ... 'Suffering; you haven't seen anything yet' ... will tear your senses apart piece by piece. Let the games begin".

b. The second ad stated "My mind has never been so determined. My subjects more terrified. My rules so deadly, until now. Prepare yourself for three times the game, three times the pain. Let the games begin. Suffering, you haven't seen anything yet."
Issue
The listeners, one of whom heard one of the ads during the morning school run, complained that the ads, and in particular the implication of torture, were offensive, distressing and unsuitable to be heard by children.
BCAP Radio Advertising Code: 2 - 9;2 - 11

Response
The Radio Advertising Clearance Centre (RACC) said they had chosen not to offer specific scheduling advice when they cleared the ads, because they felt the content was not particularly graphic.  They said, although adult listeners might have been aware of the films subject matter, the ads did not specifically refer to the films content and were not explicit.  They therefore believed children were unlikely to be harmed or distressed by them.  They said the ads were similar in tone and no more graphic than ads for many other horror films and thrillers which had not elicited complaints.

Virgin Radio said they had followed the RACC advice and had not broadcast the ads with any time restrictions.  However, they said they had endeavoured, as far as possible, to schedule them outside the school run times and, to this end, only 13% of the total campaign played at those times.  They added that they had a fairly adult audience and provided audience figures which showed that 14% of the audience for Virgin 1215 AM was under 14 years old.  Nevertheless, Virgin said they would not broadcast the ads again until the ASA had reached a decision.

Heart Radio said they believed the ads did not breach the Code and pointed out that the Code required ads to portray a films true nature.  They said, however, they had limited transmission to times when children were unlikely to be listening.  They said as far as possible the 7.30am to 9am slot had been avoided and out of the 78 times the ads were broadcast only three had been broadcast in that segment.  

Radiocity FM said they understood the complainants concerns and suggested the ads should not have been played during school run times.  

Red Dragon FM did not respond to the ASAs enquiries.

Assessment
Upheld
The ASA was concerned by Red Dragon's lack of response.

We noted the RACC had not imposed a timing restriction, but that Heart and Virgin had put in place their own restrictions to limit the instances of the ads being broadcast when children might be listening.  We noted, however, that on all the stations the ads had been broadcast at times when children might have been listening.  We acknowledged that some listeners had found the ads offensive and were concerned that younger listeners might find them frightening.  

We noted the CAP (Broadcast) Radio Advertising Standards Code stated that audio clips should portray the products true nature but that clips containing gratuitous violence should normally be avoided.  We considered that the ads reflected the content of the film and the ads were unlikely to offend or distress adult listeners.  We considered, however, that because of the menacing tone of voice and the sound effects of the woman screaming, younger listeners were likely to find the ads distressing.   We considered that the ads were likely to cause harm to children.  We concluded that the ads should not have been broadcast at times when children were likely to be listening.

The ads breached CAP (Broadcast) Radio Advertising Standards Code section 2 rule 11 (Children and younger listeners).

We also investigated the ads under CAP (Broadcast) Radio Advertising Standards Code section 2 rule 9 (Good taste, decency and offence to public feeling) but did not find them in breach.
Action
The ads must not be broadcast at times when children were likely to be listening. We told Red Dragon FM to respond to the ASA's enquiries in future.

Adjudication of the ASA Council (Broadcast)

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