Harm & Offence Index
6.1 Harm
6.1.1 Health and Safety
6.1.2 Safety and Children
6.1.3 Child Emulation
6.1.4 Harm to Animals
6.1.5 Demeaning Portrayals
6.1.6 Harm to the Environment
6.1.7 Photosensitive Epilepsy
6.1.8 Sound Levels
6.2 Offence
6.2.1 Death
6.2.2 Violence
6.2.2.1 Film Trailers
6.2.3 Discrimination
6.2.4 Harmful Stereotypes
6.2.5 Religion and Spiritual Belief
6.2.6 Sex and Nudity
6.2.7 Language
6.2.8 Personal Distress
6.2.9 Privacy
6.2.10 Unjustified Appeals to Fear
6.2.11 Bullying
One of the basis principles of the Code is to prevent harm and widespread offence as a result of seeing advertising.
6.1 Harm
Please refer to rule 6.7 of the Code.
6.1.1 Health and Safety
Advertisements must not encourage or condone behaviour which is prejudicial to health and safety and must not use techniques which directly harm viewers.
Health and safety regulations and instructions for the proper use of products must not be ignored or mocked. An exception to this rule would be Public Service announcements depicting the dangers of not following safety advice on the use and storage of products.
Advertising for products that could be harmful if used to excess or abused, can be allowed provided excessive and abusive use is not depicted.
Where potentially dangerous activities such as ‘extreme sports’ are featured all appropriate safety precautions must be observed.
Where appropriate, advertisers should seek ‘best practice’ advice on potentially dangerous activities from the relevant public bodies or independent safety organisations.
6.1.2 Safety and Children
Children’s safety is of paramount importance and therefore advertisements must not show activities and behaviour which might be realistically copied and result in harm to children. Detailed guidance is offered in section 7.3 of these Notes.
6.1.3 Child Emulation
Where adults are portrayed in potentially dangerous activities or situations there may be a possibility that children will attempt to copy the activity and thus come to harm. Such advertising, should it be acceptable, will be subject to scheduling restrictions so that children will be unlikely to see these advertisements.
6.1.4 Harm to Animals
Animal lovers are likely to be concerned if they suspect, rightly or wrongly, that an animal has been mistreated or caused distress during training or in the course of shooting a commercial. In principle, any scene in which an animal is apparently gratuitously provoked or alarmed is best avoided. A film set can be a stressful environment even for experienced animals. Clearcast therefore requires the attendance of a qualified veterinary surgeon or representative of the RSPCA during the production of an advertisement using animals. Clearcast will require their written assurance that the animal concerned was neither harmed nor distressed.
Agencies using animals in commercials should also be aware that, notwithstanding any assurances which may have been obtained from vets or other qualified people, in the event of a commercial causing widespread offence its acceptability is likely to be reconsidered and transmission may have to cease.
It should be noted that the RSPCA publishes Guidelines for the Use of Animals in Advertising, which contain detailed guidance on acceptable standards for the use of animals in film-making, and these may be found helpful.
6.1.5 Demeaning Portrayals
Portrayals of animals which viewers perceive as demeaning may cause offence and provoke complaints. There is less risk of this happening in the case of 'professional' animal actors, but discretion is advisable in matters such as dressing animals in human clothing, or otherwise presenting them as figures of fun, which some viewers may regard as depriving the animal of its natural dignity. Recent experience suggests that in some respects views have become stronger in this area – treatments involving dressing up chimps have provoked serious disquiet amongst significant numbers of viewers.
6.1.6 Harm to the Environment
Advertising must not promote or condone practices which may be harmful to environment. Examples might include:
- irresponsible use and disposal of dangerous products;
- littering and dumping unwanted items in inappropriate places;
- graffiti and fly-posting.
6.1.7 Photosensitive Epilepsy
Certain people are affected by flashing images which can trigger epileptic fits and thus cause harm to those sensitive to them.
Guidelines on the use of Flashing Images are contained in Appendix 4.
6.1.8 Sound Levels
Please refer to rule 6.9 of the Code for guidance on this issue.
6.2 Offence
Advertisements must not offend against shared and generally accepted moral, cultural and social standards, nor must they offend against public feeling.
Some sections of society are particularly vulnerable and advertising should be prepared with a sense of responsibility towards any such group.
Certain circumstances such as a recent disaster can mean that otherwise acceptable material may cause offence.
6.2.1 Death
Advertisements featuring and attempted suicide or self-harm are unlikely to be acceptable. It must be borne in mind that at any given time many viewers may be recently bereaved so any advertising that makes any reference to death has to be handled sensitively and with a sufficiently light touch to minimise the possibility of offending.
6.2.2 Violence
Violence, cruelty and injury are themes which must be handled with great care and only in cases where they can be justified are they likely to be acceptable. These cases are likely to arise in public service messages, newsreel footage, film trailers and some charity advertising. Cartoon, theatrical and slapstick treatments may also be acceptable if they are clearly divorced from reality. However care must be taken not to give young viewers the impression that copying such violence would be safe or harmless fun.
6.2.2.1 Film Trailers
Where film trailers are concerned, certain leeway can be granted provided that violence is not used gratuitously and does not mislead as to the nature of the film. Where video/electronic games are concerned, if there is a need for certification of certain games, certification should be obtained and the appropriate scheduling restriction will be applied. Clips from such games can often include realistic portrayals of violence, crime etc. and such material, particularly when the setting is an urban environment, is likely to attract tougher timing restrictions than more
fantasy-based games.
6.2.3 Discrimination
No advertisement may discriminate, cause discrimination or encourage or condone discrimination on the basis of gender, age disability, race, religion or sexual orientation.
6.2.4 Harmful Stereotypes
No advertisement may offend against the interests and dignity of identifiable groups and the use of negative stereotypes must be avoided.
6.2.5 Religion and Spiritual Belief
No advertisement may offend against religion or spiritual beliefs. The use of religious images, artefacts, symbols and observance must be handled with care and the use of humour while not alleviating the offence, may even exacerbate the offence caused. (See also section 12 Religion).
6.2.6 Sex and Nudity
The use of sex in advertising needs careful consideration. Strong sexual themes, if they are accepted, will normally require a ‘post–watershed’ scheduling.
Nudity should have relevance and its gratuitous use will be challenged. Advertisements featuring nudity will be subject to scheduling restrictions. Featuring genitalia is not acceptable.
6.2.7 Language
The use of bad language offends large numbers of people particularly where it is unexpected. Bad language will not be acceptable in advertising. ITC research, ‘Delete Expletives’, provides a useful guide to the kind of language found offensive by viewers.
“Bleeping” out (or similar devices) of expletives is not regarded as likely to ameliorate the offence.
6.2.8 Personal Distress
Advertisements must not, without good reason, contain material which is likely to cause serious distress to significant numbers of viewers and any appeal to fear must be justified and proportionate.
6.2.9 Privacy
No living person may be portrayed, referred to or caricatured in advertisements without their permission unless the appearance is brief and incidental. Exceptions can be made for specific publications, films, etc. and advertisements for generic news media provided the reference or portrayal is neither offensive nor defamatory and there is no reason to expect that the person involved would be likely to object. If objections are received then the advertisement is likely to be suspended until the matter is resolved by the advertiser.
Clearcast advises that in most cases, where practicable, permission should be sought from the person being portrayed.
6.2.10 Unjustified Appeals to Fear
It is not acceptable for advertising to engender feelings of fear or anxiety in viewers without good reason. It is unlikely that advertising of the provision of commercial goods or services are ever likely to offer such reasons.
6.2.11 Bullying
Bullying, especially of children and young adults, is prohibited and people should not be seen to use aggression in order to get their own way.