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 contain nothing that is likely to condone or encourage violence or anti-social behaviour (Rule 4.4). Approaches that use an aggressive or violent tone, especially if its use is gratuitous, could be considered irresponsible and likely to condone anti-social or violent behaviour. Even if that type of approach is intended to be ironic, the ASA might nevertheless uphold complaints (Entertainment Film Distributors Ltd, (poster a), 21 November 2007.
Marketers might have more leeway if the violence depicted is relevant to the product, for example, if it reflects the content of a book, film or computer game. In 2008, the ASA rejected complaints about a poster for a film called “Hitman”. Despite public concern about the use of guns and violent imagery in advertisements, especially in untargeted media, the ASA considered the presence of a gun reflected the content of the film (Twentieth Century Fox Film Company Ltd, 14 May 2008). But relevance is not always a ‘get out of jail’ card. The ASA upheld complaints about a campaign, for a computer game, that showed a crying woman, gagged and obviously the victim of violence. The ads included the claim “Grittier and nastier in tone than anything you’ve seen before, the violence here is visceral, brutal and very, very real”. Although the ads portrayed a relevant scene from the game, the ASA concluded that the campaign was socially irresponsible, offensive, distressing and guilty of condoning and glorifying violence (Eidos Interactive Ltd, 9 April 2008).
In 2007, the ASA upheld complaints that two fashion ads, which appeared in the national press, were irresponsible and offensive because they glamorised violence (Dolce & Gabbana, 10 January 2007). One ad showed two men with knives threatening a third man sitting on a chair while a fourth man was lying on the floor with a wound to his forehead. The other ad featured two men supporting a woman who was holding a knife and had a wound on her chest. The ads generated over 200 complaints, some of which cited a recent knife amnesty, as a particular reason for the ads’ unacceptability. Although the ads were stylised and theatrical, the ASA upheld the complaints that the ads glorified knife-related violence, were socially irresponsible and were offensive. Of course, judging whether an ad is likely to condone or encourage violent or anti-social behaviour is subjective and it is impossible to give categorical guidelines.
Marketers in certain sectors including alcohol, motoring and computer games should take particular care. In 2007, the ASA received over 35 complaints about a poster for the computer game Burnout Dominator. The ad showed a crashed sports car amid flames and wreckage and stated “INNER PEACE THROUGH OUTER VIOLENCE.” The ASA considered that the vivid depiction of the crashed car, together with a reference to violence, was offensive and could be seen to condone a violent lifestyle, anti-social behaviour and dangerous driving (Electronic Arts Ltd t/a EA Games, 27 June 2007).
Graphic depictions or implications of violence should be avoided, especially in untargeted media such as posters but humorous, light-hearted approaches that are relevant to the target market can sometimes be acceptable.
Some readers, especially those outside a marketer's target market, might misunderstand a marketer's intentions and be seriously offended by an ad that they believe condones violence. Although targeting an ad at the target audience reduces the likelihood of a complaint being upheld, it is no guarantee. A Sony ad for a Playstation 3 game appeared only on websites targeting over 18s but the ASA nevertheless ruled that the underlying tone of violence, the images of a knife and gun and the reference to killing could be seen to glamorise violence or anti-social behaviour (Sony Computer Entertainment UK Ltd t/a PlayStation, 3 August 2007). An ambiguous message can also be problematic.
The Byron Report, Safer Children in a Digital World, has questioned whether children are being exposed to unacceptable levels of violence, especially in the context of computer games. Also, marketers should be aware of growing public concern about violent images in advertisements. In particular, the level of concern about gun crime has been reflected in the number of complaints the ASA has received about ads featuring guns. Marketers who depict guns should take great care to ensure that the approach is suitable both for the product being advertised and the intended audience. As a general rule, marketers should avoid depicting guns that are pointing directly at the reader because such images can be threatening and can cause unnecessary fear and distress. But, even if a weapon is shown pointing away from the reader, advertisements featuring prominent shots of guns or guns being brandished in an aggressive manner are likely to be unacceptable (Entertainment Film Distributors Ltd, 21 November 2007).
Marketers should be mindful that the public’s sensitivity can shift over time and with current events. Complainants objecting to the posters featuring gun crime cited the shooting of 11 year old Rhys Jones shortly before the ads appeared (Entertainment Film Distributors Ltd, 21 November 2007).
If guns are being featured to promote safety, the marketing communication must have a clear unambiguous safety message (The Penguin Group, November 2000).
See 'Alcohol', 'Motoring', 'Taste and Decency', 'Social Responsibility', 'Weapons' and 'Sexual Violence'.
Last modified : 26 July 2010