Here are our top tips for making sure that ads in out of home advertising in public space is compliant with the CAP Code.
Find a happy outdoor medium, by avoiding harm and offence
Out of home (OOH) ads will be seen by a general audience, are highly visible in public locations and can remain in place for long periods. So, if there is any potential for harm or offence, you may need to consider carefully whether outdoor is the right medium. The ASA has ruled against a number of OOH ads because they were not considered appropriate in this context.
- Nudity and sexually suggestive content
- The ASA ruled against poster ads for Adidas with images of over 60 women’s bare breasts. Although the ads intended to show that breasts differed in shape and size, the ASA considered that the images were likely to be seen as explicit nudity, and so were unsuitable for a general audience.
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- The targeting of three poster ads for Calvin Klein, featuring partial nudity and mildly sexually suggestive images, was also considered irresponsible in an outdoor ad where they were likely to be seen by both children and adults.
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- Two outdoor ads for Pure, a dating app, which contained overtly sexual references and slang, including “IT’S A GOOD DAY TO GET SOME HEAD”, were also considered inappropriate for the outdoor medium, particularly as one ad was located within 100 metres of a school.
- Mind your language!
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- In ads for Brewdog, the ASA considered the claim “F**K YOU CO2” was inappropriate in an untargeted outdoor ad. However, the ad was considered acceptable when seen in certain print publications (The Week and The Economist), as the claim reflected the language generally used elsewhere in the titles. The publications also had to be actively purchased so viewers had ‘opted in’ to more of an extent than the poster ad.
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- The language in a poster ad promoting Demi Lovato’s album, which alluded to the expression “holy fuck”, together with an image linking sexuality to the symbol of the crucifix was also considered likely to cause serious or widespread offence, especially to Christians.
- Harmful gender stereotypes
Marketers should also be wary of using stereotypes in their ads, including gender stereotypes. The ASA considered a poster ad for Great Grass featured a harmful example of this. A cropped image of a woman’s body in underwear, that alluded to pubic hair, was seen to have the effect of demeaning and objectifying women by using their genitalia to draw attention to an unrelated product.
- Take care not to scare!
Marketers should carefully consider whether OOH is right for ads that could cause fear or distress, especially to young children, for example ads with horror or supernatural themed content or any other violent or graphic imagery.
In 2023, the ASA ruled against an outdoor ad for a Halloween scream event that was likely cause distress to young children. It depicted a character with recognisably human features, with a severe head wound and rotting facial flesh (Norfolk Dinosaur Park Ltd).
Conversely, complaints were not upheld for poster ads for the film Venom, which featured a less graphic image of two character’s faces that were partially morphed with a monster’s face (Columbia Pictures Corporation Ltd).
I.D. please! Age restricted products
The CAP Code applies age restrictions to ads for certain products to minimise children’s exposure. The Code defines a child as anyone under 16, but some products should not be advertised to 16- or 17-year-olds either.
For age restricted products including alcohol, alcohol alternatives, certain gambling products, electronic cigarettes, national lotteries, and rolling papers and filters, ads must not be directed to people aged under 18 through media selection or context. Children and young people must also not make up a significant proportion of the audience (25% or more). A similar principle applies to targeting certain products away from children under 16, such as medicines and HFSS (high in fat, salt or sugar) foods and drinks. So, placement restrictions might apply to outdoor ads for such age restricted products.
The ASA ruled against an out of home ad for Ben & Jerrys, saying that, because the ads had appeared within 100m of a school, the audience was significantly skewed towards under-16s and the ads breached the Code because they had been directed at children through the context in which they appeared.
In 2024, the ASA partially upheld a complaint against a poster ad for Alfabar featuring an electronic cigarette because it resembled a toy, and it so was likely to appeal particularly to people aged under 18. But the placement of the ad, in a train station, was still considered appropriate because it was a significant distance from the nearest school or similar.
Qualifications still have a place in this space
Like any medium, ads in outdoor placements must not mislead by omitting material information, and marketers should ensure that any qualifications are sufficiently prominent and visible when ads are up. Consumers shouldn’t need binoculars to read the small print in poster ads – it should be legible from a reasonable distance, in any format.
Any marketers looking for advice on their outdoor ads should come to the ultimate outdoors experience, the Copy Advice team. Go Ape, eat your heart out!
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