Shock tactics and heart strings

20 December 2006

In October, the ASA upheld a complaint against a mailing, for children’s charity Save the Children Fund that comprised an envelope showing a close-up of the eyes of a child of African origin; text on the front stated “If you have brown eyes, you’re more likely to die young”.  The back of the envelope showed a close-up of the eyes of a child of Asian origin and featured the same text.  Save the Children Fund had said it had wanted to encourage recipients to read the mailing and make a donation; it had not intended to shock or distress.  The ASA considered that the combination of the text and image, and the fact that the nature of the mailing was not clear from the presentation of the envelope, would cause undue fear and distress to young children who saw it; the ASA judged the mailing had broken CAP clause 9.1 (Fear and distress). 

Earlier this year, the Children’s Society released a direct mailing that had text on the front of the envelope stating “No time to pack when you’re running from abuse … Urgent please reply by: 27 May 2006”.  The large address window showed a plastic toothbrush inside the envelope.  On the back of the envelope were the advertiser’s stamp and address and its registered charity number.  A recipient’s son complained that the mailing was offensive and threatening because it did not make clear that it was marketing material from a charity.  Also, he believed it implied that his mother, the recipient, was at risk from abuse or that a complaint of abuse had been made against her.  The ASA considered that it was clear from the wording on the envelope and the Royal Mail logo that the material was a direct mailing and not sent in response to a claim of abuse.  The ASA concluded that, in the context of a charity appeal, the mailing was unlikely to cause recipients serious or widespread offence or undue fear and distress.   
 
The NSPCC recently re-released a mailing originally sent out last year; it included a booklet of baby names.  After each name, the abuse the child had been subject to was stated.  The complainant believed the mailing was upsetting and irresponsible because it could have been seen by children.  The ASA, however, considered that the mailing was addressed to adults and was therefore unlikely to be seen by, or cause harm to, children.  Although the children's experiences were upsetting, in the context of a campaign to raise money to end child abuse, the ASA thought the advertisement was unlikely to distress unduly or cause serious or widespread offence.

The CAP Code stipulates that advertisements should contain nothing that is likely to cause serious or widespread offence.  The ASA takes into account the content, medium, audience, product and prevailing standards of decency when evaluating compliance with the Code.  Complaints made under the Code’s taste and decency provisions present the ASA with special difficulty, if only because what seems acceptable to one reader might offend another deeply.  The ASA does not want to act as a censor.  In arriving at a decision, the ASA will pose three questions:

1. Will the advertisement offend most people who see it?
2.  Will it so deeply offend a few that their interests should prevail against the advertiser’s right to reasonable free expression?
3. Should the unoffended majority be prevented from hearing what the advertiser wants to say?     

Charity advertisers are faced with the same difficulties and need to bear in mind the same things as those considered by the ASA.  Ultimately, although the public is generally more tolerant of potentially distressing images if the objectives of an advertisement are charitable, sensitivity is still required, especially in relation to the young.  Fortunately, the CAP Copy Advice team can help you avoid problems with the ASA.

If you want to save yourself time and money, CAP provides a fast, free and confidential ad advice service.  The Copy Advice team offers an informed opinion of the likely acceptability to the ASA of your non-broadcast marketing communications.   Every adviser has a thorough understanding of the CAP Code and up-to-date knowledge of ASA adjudications and can explain potential problems to you. Either call 020 7492 2100 to speak to an adviser, or e-mail copyadvice@cap.org.uk, fax or post your enquiry to them.