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Monday 16 August 2010

ASA throws CAP at asterisked profanities

The Advertising Standards Agency (ASA) last week ruled that an expletive in an advert could still be considered offensive even if it was partly obscured by asterisks. The judgment came in response to two complaints made over The Fuel Agency Ltd’s direct mailing campaign. The marketing agency sent out 1000 valentine’s cards reading “I F**CKING LOVE YOU” on the front. Inside the card was the phrase “…You might f**king love us”. The Fuel Agency Ltd argued that it was commonly accepted that an expletive masked by asterisks does not cause offence.


Dismissing this viewpoint, the ASA Council adjudicating considered that it breached the decency clause in the Committee of Advertising Practice (CAP) Code. Clause 5.1 states that “Marketing communications should contain nothing that is likely to cause serious or widespread offence.” It stipulates that “Compliance with the Code will be judged on the context, medium, audience, product and prevailing standards of decency.” The Council held that although the swear words were partially obscured, the meaning was still clear. It considered persuasive the fact that the ad was positioned on the front cover of untargeted direct mail, and noted that use of the expletives was gratuitous as it was unrelated to the product being advertised.


The consequence of the Council’s finding means that the offending ad must not appear again in its current form. The Fuel Agency Ltd is also under caution to ensure that future ads do not cause serious or widespread offence.

Further Reading
http://asa.org.uk/Complaints-and-ASA-action/Adjudications/2010/8/The-Fuel-Agency-Ltd/TF_ADJ_48884.aspx

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