Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Marketing communications must not cause fear or distress without justifiable reason; if it can be justified, the fear or distress should not be excessive. Marketers should not use a shocking claim or image merely to attract attention. (Rule 4.2; Clearway Environmental Services (UK) Ltd, 25 July 2007; Hermes Financial Solutions Ltd, 17 January 2007; WOW! Creative Services, 19 April 2006; Midway Games, 21 December 2005).
The ASA has accepted certain distressing approaches in campaigns to raise public awareness of a social problem and the action that could be taken to prevent it (Barnardo’s, 4 July 2001 and April 2000). But, if the marketing communication is in a medium likely to be seen by children, care should be taken to ensure the claims and images do not distress children (Department of Health, 16 May 2007) or encourage emulation (British Heart Foundation, 19 June 2002). A mailing, enclosed in an envelope that showed the eyes of a child and stated "IF YOU HAVE BROWN EYES, YOU'RE MORE LIKELY TO DIE YOUNG" was found, by the ASA, to have caused undue fear and distress to young children who saw it (Save the Children Fund, 11 Oct 2006). The Voluntary Sector Marketing article provides advice on the use of shock-tactics by charities, pressure groups and other non-commercial organisations.
An appeal to fear to encourage prudent behaviour or to discourage dangerous or ill-advised actions may be considered justifiable however; the fear likely to be aroused should not be excessive. Marketers should avoid exaggerating the potential risks caused by not buying their products, especially if targeting the elderly or vulnerable. In 2006, the ASA concluded that a mailing for a will-writing service that emphasised the risk of elderly persons losing their home if their partner was taken into care, was unduly scaremongering and made an undue appeal to fear for commercial gain (Allguard Legal Services Ltd, 18 October 2006)
See also ‘Voluntary Sector Marketing', ‘Medicines: General’ and ‘Children: General’.
Last modified : 08 March 2011