Advertisers must make sure that their ads do not contain visual effects or techniques that are likely to adversely affect members of the public with photosensitive epilepsy (PSE). This applies to television and non-broadcast media (BCAP Code rule 4.6 and CAP Code rule 4.7). Visual effects that might adversely affect a person with PSE include flashing lights, rapid cuts between markedly different shots, and contrasting geometric patterns (e.g. black and white stripes), especially if moving.
PSE is a rare form of epilepsy, affecting 3 – 5% of people with epilepsy. It often develops during puberty, and women are more likely to be affected than men. Treatment for PSE often includes both taking medication and avoiding seizure triggers. Strobe lighting is a common trigger, but there are many potential seizure triggers that are less well-known, such as sunlight reflecting off puddles, and snappy video editing. For more information about PSE, you can read more from Epilepsy Action and The Epilepsy Society.
The ASA has upheld complaints about ads triggering epileptic seizures, but there is little mention of them on the ASA website. This is partly because TV ads are tested for PSE triggers before being cleared for broadcast by Clearcast, reducing the likelihood of problematic ads in the first place. Another factor is that, when an ad poses a risk of serious harm, the ASA may direct the advertiser to withdraw the ad immediately, pending the outcome of an investigation. Additionally, members of the public may directly address the advertiser with their concerns, which can lead to advertisers withdrawing the material before ASA intervention.
Advice for people with PSE - what should you do if you encounter an ad with potential seizure triggers?
First and foremost, take care of yourself! Cover one eye with your hand and turn away from the ad – do not close your uncovered eye. Leave the room, turn off the device, or whatever is necessary to keep yourself safe. Take a breather, especially if you feel unwell.
Once you are safe, if you feel comfortable doing so, try to report the ad. Do not seek out the ad yourself. You can submit a complaint to the ASA, but you can also report ads on social media platforms.
The Epilepsy Society has an article about staying safe online, which gives information about settings you can adjust on social media sites and your browser to minimise your risk of harm.
Advice for marketers
Ads that contain seizure triggers can cause significant harm to people with PSE. The onus is on advertisers to ensure that their ads do not cause harm before publishing them, rather than expecting people with PSE to avoid media entirely. Not only would that be discriminatory, but clearly impossible in a world so reliant on screens.
While TV programmes sometimes contain a warning that the content may adversely affect photosensitive viewers, an ad could be found to break the rules if it contained such material at all. As such, we advise advertisers not to rely on a similar warning system, but just to avoid this kind of content when preparing ads.
Epilepsy Action have an article on their website on creating accessible visual content for people with epilepsy, which contains advice for preparing content and testing it before you publish it.
If you are still unsure whether your ad copy is in line with the rules, the CAP Copy Advice team can help you. (And they would appreciate a note in your enquiry, if that is a particular concern you have.)
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