Ad description
A TV ad, for the film "Spring Breakers", viewed on Channel 4 at 11.35am on Saturday, 30 March. The ad opened with a scene of four young women in bikinis riding mopeds. The ad cut to a scene showing an actor loading a bullet magazine into a hand gun and the voice-over said, "It's scandalous" which was accompanied by large on-screen text "SCANDALOUS". The ad then showed a cash register being hit with a hammer and an actor's voice said, "Let's cause some trouble" with another voice-over, accompanied by on-screen text that said "Outrageous". The ad then showed the four women in bikinis standing beside a yacht which then cut to a close-up of two women kissing. The voice-over then said, "seriously sexy" which was again accompanied by large on-screen text.
The ad ended with a voice-over that said, "I'll always remember this trip" which then cut to a woman pretending to shoot herself in the head with her fingers.
The ad was cleared by Clearcast with an 'ex-kids' restriction.
Issue
The complainant challenged whether the ad was inappropriately scheduled when it could be seen by young children, because it contained sexual and violent images.
Response
Clearcast said the ad was viewed at the rough cut stage and considered an ex-kids restriction should be applied to avoid young children seeing the ad, because they felt some of the imagery would not be appropriate for young viewers. They said the scene where the kiss took place was a quick shot and was not overly sexual and, whilst guns were handled or seen, they were not used or directed at anyone. Because of those reasons they said the ad had not warranted a post 7.30pm restriction.
Assessment
Not upheld
The ASA noted Clearcast's ex-kids restriction, which meant the ad could not be transmitted in the breaks immediately before, during and immediately after children's programmes. We obtained audience figures for the time the ad was viewed and they indicated the programme did not have particular appeal to children. We noted the ad showed quick cuts from the film and we considered none were particularly violent or of an overtly sexual nature. We acknowledged that some viewers may find the ad distasteful and unsuitable to be seen by children but we considered an ex-kids restriction appropriate and we concluded the ad did not breach the Code.
We investigated the ad under BCAP Code rules
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),
32.3
32.3
Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.
(Under-16s), 32.5 and
32.5.3
32.5.3
trailers for films or videos carrying an 18-certificate or 15-certificate (that does not preclude the scheduling in or adjacent to children's programmes of an advertisement containing brief extracts from such a film if those are used in connection with a promotional offer, derived from the film, for other types of product, subject to content).
(Other television scheduling or timing restrictions: children) but did not find it in breach.
Action
No further action necessary.
