Screening for Complaints: Ad Standards Roundup August 2024

Trailers are still one of the most effective ways to advertise television shows and movies because they can capture attention in a way other mediums can’t. Sometimes the remote-dropping and scroll-stopping content attracts the wrong kind of audience – or at least that’s what the complainants think.

When advertisers apparently take things too far, they are put before the Ad Standards Community Panel to have their potentially offending media reviewed. Here are some recent ads for programs that were screened for complaints.

Deadpool & Wolverine

The Ad: Commercial for upcoming superhero movie Deadpool & Wolverine featuring a snippet of the film depicting the title characters. The dialogue contains explicit language.

The Complaint: The commercial contained strong language and was aired in the late afternoon during an AFL match commercial break, which would have been viewed by families and children.

The Advertiser's Response: The parent company, Disney, said they purchased an advertising block from pay TV broadcaster Kayo under the pretence it would be aired to an over-18 audience timeslot. However, it seems they did not have final choice over where and when it would be aired, leading to the explicit version being seen by an unintended audience.

The Ad Board’s Decision: Complaint upheld – breached AANA Code of Ethics Section 2.5: “Advertising shall only use language which is appropriate in the circumstances (including appropriate for the relevant audience and medium). Strong or obscene language shall be avoided.” The advertiser has since stopped airing the explicit version.

Why the Ad Board Came to that Decision: The Panel considered that the trailer’s use of strong language would still be inappropriate in the context of advertising during live sport.

Read the full report here.

A Quiet Place: Day One

The Ad: Multiple trailers for A Quiet Place: Day One, a sci-fi horror film. Menacing imagery and sound effects are used throughout the film snippets.

The Complaint: Multiple complaints were raised across the trailer’s airing during prime time in between broadcast of sporting events on pay and free-to-air TV, including State of Origin and the T20 World Cup cricket tournament. The complainants considered it inappropriate to air a trailer for a movie intended for mature audiences during a timeslot that children were watching TV

The Advertiser’s Response: The trailer was played after 8:30PM during an approved timeslot, which was outside of children’s programming schedule.

The Ad Board’s Decision: Complaint dismissed.

Why the Ad Board Came to that Decision: The panel noted that the depiction of violence was justifiable in the context of advertising the product, that is the film.

Read the full report here.

Kyle and Jackie O

The Ad: Television commercial for the Kyle and Jackie O radio show. The dialogue contains references to nudity, and a woman is depicted disrobing to briefly reveal her black lingerie.

The Complaint: Women are continually being sexualised amid a crisis of disrespect and violence against them. Children might also be exposed to inappropriate material.

The Advertiser’s Response: The commercial was played during approved airtimes, and the brief depiction of the disrobing woman was in reference to the radio show’s “Naked Dating” segment.

The Ad Board’s Decision: Complaint dismissed.

Why the Ad Board Came to that Decision: The panel noted that while there was some content that could be considered sexual in nature, it was not principally used in an explicit manner to advertise the show.

Read the full report here.

Presumed Innocent

The Ad: Various trailers for on-demand (streaming) television show Presumed Innocent. Clips from the show include people kissing, a close-up of a toe tag on a corpse and an underwater struggle.

The Complaint: Children are being exposed to inappropriate content rated MA15+ during prime time programs.

The Advertiser’s Response: The product is intended for a mature audience and the broadcaster, on-demand (streaming) services in this case, placed the advertisements to target such viewers.

The Ad Board’s Decision: Complaint dismissed.

Why the Ad Board Came to that Decision: The panel determined that the trailers and the show were not intended to appeal to children, so it did not breach the Children’s Code. Depictions of violence and sexuality were treated with sensitivity to broader audiences and were justifiable in the context of advertising the product.

Read the full report here.

“It's crucial to select TV broadcast times that align with the preferences and habits of your target audience. By scheduling content when your viewers are most likely to tune in, you maximise engagement and ensure that your message reaches the right people at the right time.”

Belle Delpirou, Lawyer at Plexus