ASA, Animals and Animation
26 September 2008
The ASA recently had to consider an internet banner ad, for a gambling website, that showed a cartoon image of Spiderman. The advertiser argued that the ad was not meant to appeal to young people, because the website on which the ad had appeared had an average reader age of 41 years. The ASA investigated under the gambling rules, which say that ads should not be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture. It acknowledged that Spiderman appealed to some adults but decided that the cartoon depiction of the popular comic book character was likely to have particular appeal to children and young people, regardless of the context (or the readers’ average age) in which it appeared. Not surprisingly, the ASA concluded that the ad breached the Code. Read the adjudication here. Littlewoods Gaming
The adjudication is just another reminder that cartoons, licensed characters such as super heroes and celebrities popular with children must be used with a due sense of responsibility in ads. In other words, advertisers should take care when using cartoon-like images and characters, or indeed anything, that children find especially appealing; they might be acceptable if they are adult in nature but marketers run the risk of appealing to the under-18s if, for example, cartoon images are too childish in their execution. That might be a problem when advertising certain types of products such as alcohol, gambling, food and soft drinks, sectors that are subject to specific rules relating to children and appeal to under 18s.
In alcohol ads, the use of characters (real or fictitious), animation or animals could result in a breach of the Code. The alcohol rules state that ads should not be directed at people under 18 through the selection of media, style of presentation, content or context in which ads appear. Cartoons and images of super heroes are more likely to be associated with people under 18, or reflect their culture, and advertisers should be careful to avoid using toys or toy brands that are familiar to children.
For example, the ASA considered an ad, for a late-night alcohol delivery service, that featured a man who seemed to be made from Lego. The ad stated “FRANKS … SOLUTIONS FOR 24 HR PARTY PEOPLE” and featured the “lego-man” urinating onto a Lego-like building block. Even though the ad stated "STRICTLY OVER 18S ONLY", the ASA considered that, because Lego was a brand of toy familiar to most children, the image of the Lego-like man could appeal to children. Although it thought the ad was not likely to offend most adults, the ASA adjudicated that the image was socially irresponsible when used in an ad for an alcoholic drinks delivery service. Read the adjudication here
It is worth noting that, if its content seems to target young children (under 12) directly, an ad might fall foul of the rules on advertising food to children. The rules are complicated but, if you are looking to advertise food to children, you need to steer clear of certain techniques: featuring promotions or using childish cartoon characters, for instance. And, of course, food ads targeted at young children should not use licensed characters.
If you are considering using a cartoon-type image, we recommend you to get in touch with the CAP Copy Advice team. Our team of “Super Hero” advisers know the CAP Code inside out and will give you free advice on whether your campaign risks getting your company (or client) into trouble with the ASA. Call us on 020 7492 2210, e-mail your enquiry to advice@cap.org.uk or access our AdviceOnline database on the CAP website www.cap.org.uk