ASA Adjudication on SSL International plc

Ad

A TV ad for durex Play O, a gel for women, depicted the facial expressions of a number of women who were experiencing sexual ecstasy but who appeared to be singing an aria. The ad closed with a pack shot while the voice-over said "Feel like never before. durex Play O. Pleasure enhancing gel for women. durex play. All you need".

The ad was cleared by Clearcast with a post-11pm timing restriction.

Issue

Two viewers, who saw the ad at approximately 10pm on Channel 4, challenged whether it was offensive and unsuitable for broadcast.

BCAP TV Code

BCAP TV Scheduling Code

Response

Channel 4 explained that the ad had been broadcast after 10pm during Gordon Ramsey's F Word and during Derren Brown Presents the 3D Magic Spectacular. They said their aim was not to offend viewers, and they took measured decisions when deciding to schedule ads outside of Clearcast's recommendations.

Channel 4 explained that in scheduling the Durex ad before the recommended 11pm restriction, they had taken into account the subject matter and content of the programmes, as well as their audience index. They considered that Gordon Ramsey's F Word was of an adult nature, containing strong language and sexual innuendo, and that viewers of that programme would not be offended by the ad. Channel 4 provided audience index figures for both programmes.

Assessment

Not upheld

The ASA noted that the viewers saw the ad after 10pm but were of the opinion that it was unsuitable for broadcast at any time. We acknowledged the viewers' concern, and appreciated that advertisers and broadcasters needed to be aware of the sensitive nature of ads for this type of product. We considered that this ad was not overtly graphic, contained no explicit material and was unlikely to cause offence, provided it was scheduled appropriately.

We understood that the post-11pm scheduling restriction applied by Clearcast would have helped to avoid exposure to viewers under the age of 12 years. We noted, however, that Channel 4 had broadcast the ad shortly after 10pm in the first instance and shortly after 10.30pm in the second instance. We checked the audience index figures for those ad breaks in the relevant programmes, and noted that they did not attract a significant proportion of younger viewers, and concluded that neither programme had demonstrated a particular appeal to younger children.

Although the ad was broadcast by Channel 4 earlier than Clearcast's scheduling advice, in consideration of the child audience index figures for the ad breaks and surrounding programmes, we considered that it had been scheduled appropriately and was unlikely to cause offence to viewers.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rule 6.1 (Offence) and 7.4.7 (Use of scheduling restrictions) and Rules on the Scheduling of Television Advertisements rule 4.1.1 (Particular separation of advertisements and programmes and 4.2.3 (Treatments unsuitable for children) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)