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This work draws on some advertising campaigns forbidden in Portugal in the past
five years, and analyses their content, providing examples of messages considered
unsuitable under the existing legal frame. The case studies picked focus on questionable
content in the domains of the ethical, taste, or moral values, overlooking the much larger
number of complaints concerned with legal technicalities, and which also account for a
vast number of suspended campaigns.
The purpose in doing so is to find out what went wrong with those messages in
fact, so wrong it made them forbidden. Advertisers face a paradox which sometimes
leads them to cross the thin line between acceptable taste or morals, and not. Whilst
struggling to catch the publics eye and the scarce good attention is ads have to stand
out from the ever growing myriad of advertising stimuli, and thats when sometimes they
cross the line, uttering things better not spoken.
Reasons for complaint arent static; they evolve accompanying societys
concerns, as the rise of complaints about environmental claims, or food advertising for
children in the UK in 2007, clearly shows1. Other obvious subjects that tend to distress
the public are violent imagery, sexual explicit content, and discrimination, all three
guaranteed to be found in every countries top ten ruled out adverts.. As to the reasons for
a complaint, most have to do with offensiveness, misleadingness, and harm, although the
standards of what is considered offensive can vary from one country to another, and
often do.2
. In ASA Annual Report 2007, available for download at the Advertising Standards Authority website,
http://www.asa.org.uk/asa/
2
. Marithe & Girbauds outdoors campaign, ruled out in Milan, Italy, and which presented no problems in
Paris or New York, is a good example.
This paper argues transgression in ads can ultimately be reduced to two main
models, best described by the ancient metaphor of Eros and Thanatos. The first metaphor
might be depicted as the self-preservative instinct, and includes sexual instinct, love and
procreation among its defining characters; Thanatos reports to the opposite, the death
instinct which comprises manifestations such as violence, hate, murder, or war, amongst
other negative features. Though both instincts are vital to human survival, the paper
argues that ads risk being outcast mainly when they exaggerate one or another, thus
bringing out their negative side in a shocking or non appropriate manner.
After analyzing some of the Portuguese ads which incur in too much Eros, or too
much Thanatos, the paper draws a comparison to similar products forbidden in other
European states, inquiring on the subjectivity of standards that allow for a campaign to
be forbidden in one place, and allowed elsewhere.
The materials gathered for this study have for source the Portuguese selfregulatory advertising authority, ICAP Instituto Civil da Autodisciplina da
Publicidade, and similar organisms in the United Kingdom, Italy, Ireland, France and
Spain; as well as the information presented by EASA, The European Advertising
Standards Alliance, which brings together national advertising self-regulatory
organizations and organizations representing the advertising industry in Europe.
Adverts are fascinating study objects for any semiotician, for they present
complex structures, highly condensed, often multimedia (most ads involve at least image
and text), manifest aesthetic concerns, and possess very definite goals: one way or
another, all adverts involve persuasion.
One of the richest complex objects pop culture has produced, sometimes halfway
between design and art, adverts are highly complex signs, semiotically challenging for
the discipline that studies the signs and symbols as elements of communication. In fact,
any general theory of signs cannot but find such analysis attractive. From a despised
predator to a cultural treasure, advertising posters are now discussed just as seriously
as art exhibitions, theatre premieres and new novels. We are now seeing the logical
consequence of the shift in accent once formulated by Marcel Duchamp, who enthroned
the beholder as the real author of the work of art. An aesthetic surplus over and above the
functional is certainly present, and it is sufficient to provoke artistic interpretation.3
Roland Barthess discovery of denotation/connotation systems and of myth as a
higher order semiotic system, actually paved the way for a semiotics of image, but also
for a semiotics of objects and their use, for, one may ask, what else are adverts about?
After Barthes work, the study of signs and symbols as elements of communicative
behavior, and the analysis of systems of communication as language, gestures, or
clothing had its own foundation and could heartily be pursued by critics and
academics.
Furthermore, a general theory of signs and symbolism, following Charles Morris
1938 article, Foundations of a Theory of Signs4, is usually divided into the branches of
syntactics, semantics and pragmatics, and adverts present unquestionable richness in any
of these distinct, but inseparable, branches.
Syntactically, adverts constitute what Saussure called visual, complex, non-linear
signs, which can be apprehended/read in a wide range of orders, and whose order of
apprehension has semantic consequences, that is, imparts on their meaning.
Semantically, adverts are fascinating, for most imply several levels of meaning, rising
from the unambiguous literal meaning, to sophisticated suggestion or stylish hint
directed to the unconscious, and all the degrees in between. Of course, the meaning of an
adverts meaning is closely tied to its pragmatic qualities, and, in this department, the
agency creatives work should be valued for the complexity of the goals it sets its heart to
accomplish.
Advertising is persuasion.5 Every advert has to captivate, seduce, mesmerize,
charm or enchant, generate repulse or arouse passion and desire; and does this through
the traditional means of persuasion, ethos, pathos and logos,6 relying on the creatives
. AA.VV., Rejected Unpublished, Best Rejected Advertising, editors, Bonik, Gotz, Pauser and
Zwangsleitner, 1997, Grey Press, Berlin, p. 7.
4
. MORRIS, Charles, Foundations of the Theory of Signs, in Foundations of the Unity of Science
Toward an International Encyclopedia of Unified Science, ed. NEURATH et all., vol. I, 1955, The
University of Chicago Press, p. 77-138.
5
. Indeed, in a radical sense, any communicative act, simple has it might be, is persuasion; or, to use
Austins terminology, constatives cannot be severed from performatives, and all enuntiation, in some level,
performs.
6
. These three means of persuasion, closely tied to the three types of auditory, and the three genres of
discourse, where theorized by Aristotle. Cf. ARISTTELES, Retrica, Imprensa Nacional Casa da
Moeda, Lisboa, 1998
ability to see what is possibly persuasive in every given case, that is, on his ability to
discover the best persuasion means available in a specific situation.
This said, were entering the realm of the effects, that is, the semiotic branch of
pragmatics, which cares to study the relations established by signs with their
interpretants, or the effect they produce on those who interpret them.
These signs coming from advertising constitute a rich study object not only
because of the aspects mentioned, but also for their social relevance. Adverts embody the
phenomena of everyday culture as few other objects in our world are able to. In effect,
when devoting to forbidden or rejected campaigns, one is exploring this social,
communitarian and subjective feeling towards a form of public art, for what bothers
complainers, most of the times, arent private vices, but the public display of such sins.
The reasons given for rejecting the campaigns reflect the moral, aesthetic and
political sensitivities and boundaries of our time and of the respective regions. Creatives
today are increasingly faced with over-cautiousness hardly any jokes are conceivable
which could not be said to provoke or insult somebody or other. 7 In other words,
advertising, and forbidden adverts, are a faithful reflex of societys mores, and of what
is, or not, to be said. Rejected advertising has become an important mirror of the morals
of public communication, of the climate of society.8
Studying rejected or withdrawn ads may also be seen as ethnography of a
communitys values; and of the subjects that, for one reason or another, attract the
publics sensitiveness. These reasons, the mores of what can be publicly communicated,
are volatile and highly depending on the momentum. For instance, after 9/11, adverts
featuring explosives, whatever their content, became immediately offensive, distasteful
and inappropriate.
Our aim in this research around some European forbidden ads is to find out what
went wrong with those messages, making them unsuitable for public communication,
and we undertake that task knowing that sometimes creatives cross the borderline of the
acceptable, but other times are simply caught by pragmatic adverse effects they hadnt
foreseen.
. AA.VV., Rejected Unpublished, Best Rejected Advertising, editors, Bonik, Gotz, Pauser and
Zwangsleitner, 1997, Grey Press, Berlin, p. 7.
8
.Idem.
In Portugal probably the most controversial campaign of the last few years was
engendered in 2007 by Tagus, a beer brand.9 Tagus presented a campaign based on the
concept of Hetero pride, which intended to build a virtual community of registered
users around the site www.orgulhohetero.com.10
Are you hetero? Come and register in www read the controversial posters,
featuring a girl, or a boy, being whorshiped by the
opposite sex.
The
campaign
immediately
generated
positive
perspective,
respecting
everyones
orientation.
Sumolis, the owner of the brand, stated they cherish and respect individual
freedom and diversity, and thinks sexual orientation only concerns the individual, and
should not be subject to value judjments or discrimination. All sexual orientations are
legitimate, and should be proudly assumed.
Nonetheless, and in light of the complaints, the brand announced they would
reformulate the campaign, and voluntarily withdrawn the controversial images. This
didnt stop ICAP from analysing the facts, and in the sequence of the process, the
complaint was not upheld, although two members of the jury voted against that decision.
discontent.
The
legend
Jerusalem
participant
continues
by
homosexual
acts,
and
as being bizarre and anecdotal, intended to be humorous, and the advertiser claimed
it isnt indecent, immoral, doesnt exploit no one, doesnt attempt against health or
safety, and it doesnt denigrate anyone.
According to the decision of ICAPs jury, however, the spot violated the
principles of Decency (offence to good customs and general morals); and it wasnt
bizarre at all, in that the situation depicted could be reproduced in the Portuguese
society. Offence against Social Responsibility was also found, and ICAPs Advertising
Ethics Jury voted the campaign already voluntarily suspended should not reappear in
the media.
A banking product offering credit solutions to car purchase Solues Auto
BES
13
was also ruled out by ICAP. The campaign was made up of seven TV spots,
13
The jury found there was no disloyal concurrence, for the activities developed are
not direct competitors; and discarded the accusation of deceit, for the allegations
concerning the product (credit) were truthful. Nonetheless, said the campaign denigrated
and ridiculed car salesmen image, because it made apparent a certain idea of lie and
deceit. The complaint was upheld on the basis of violating article 16 of ICAPs conduct
code, and therefore, suspended.14
In Italy, recently, three advertising campaigns have made the headlines: Dolce &
Gabbana, Marithe & Franois Girbaud, and Oliviero Toscani.
The Gabbana ad featured three
man and a woman in a situation
suggesting gang rape, and was banned
from Italian publications in 2007, after
being banned, for the same reasons, in
Spain.15 The advertisement showing a
woman pinned to the ground by the
wrists by a bare-chested man, with other
men in the background looking on, was said to offend the dignity of the woman, in the
sense that the feminine figure is shown in a degrading manner. The woman has an
alienated expression, with an absent look. The woman in the ad is immobilised and
subjected to a man's will and because of the passive and helpless position of the
woman relative to the men around her, (the image evokes) the representation of abuse or
the idea of violence towards her is present, the IAP said.
In France new posters from the
same campaign were considered porn
chic, and banned using the following
arguments: Ces visuels, diffuss en presse
magazine et quotidienne, reprsentent un
univers noir, tendu,
14
Finally, Oliviero
Toscanis
shock
16
. Better yet, allegedly inverting the sex, for the man who appears on back in the advert, is not clearly a
woman in Da Vincis painting although that it is a woman, is one of the claims of Dan Browns novel.
10
Italian
authorities
could
negative
influence
impart
on
children or adolescents, by
picturing
an
image
that
could be considered desirable, and to be model after, by those target groups.19 French
authorities, through BVP, also upheld this claim, saying : Enfin, et plus grave, compte
tenu des ressorts spcifiques de la maladie en question, ce visuel tait de nature susciter
ou aggraver des vocations anorexiques chez des personnes dj atteintes ou sur le point
de sombrer.
17
. Il contesto nel quale il messaggio diffuso, cartelloni nelle strade cittadine, comporta inoltre che tale
impatto negativo sia massimo. Essi infatti possono colpire l'attenzione dei minori provocando sensazioni di
disagio, in http://www.iap.it/it/cdc/2007/c0762007.htm
11
Warming
was
campaign
features
12
billboard
bottled
featuring
water
brand,
Cristaline,
and
Ryanair,
Sarkozy
that
and
his
features
Italian
13
be considered humorous, the authorities regret its posting in high circulation commercial
zones, for such a death representation results shocking to the general public. Considering
the advert violated the principle that la publicit doit viter toute scne de violence,
directe ou suggre, the campaign was banned, and the agency warned against using it
again.
In the United Kingdom, in 2007, there were 2458 ads changed or withdrawn
following the Advertising Standards Authority action, which received the record number
of 24.192 complaints about 14080 advertisements. Yet, from the top 10 most
complained ads, only four saw the objections upheld.
It might have seemed a good idea to the Department of Health, to sponsor an
anti-smoking campaign featuring men and women caught on a fish hook, with the legend
The average smoker needs five thousand cigarettes a year and encouraging people to
get unhooked.
The campaign attracted the record
number of 774 complaints, and was designed
to encourage smokers to quit, but complaints
were that the TV, national press, poster and
internet acts were offensive, frightening and
distress children, explained the authorities.20
The jury of UK national authority
decided the ads were unlikely to cause
offence or distress to adult viewers but felt
that two of the TV ads and the poster ads
could frighten and distress children and
upheld complaints on this basis.21
The second most disturbing English campaign in 2007 was from Trident chewing
gum, and the TV and Cinema ads received 519 complaints.22
The ASA Jury considered the ads did not incite racial
intolerance or discrimination but recognised the stereotype
20
. AA.VV., ASA Annual Report 2007, available for download at http://www.asa.org.uk/asa/, p. 11.
. Idem.
22
. This TV ad can be seen at: http://www.youtube.com/watch?v=4d7g8O_GHEw
21
14
depicted in the ads had, unintentionally, caused deep offence to a significant minority of
viewers.
Offensive,
sexist,
and
the
woman
in
her
15
consequence of this standing, Unilever was told to withraw the campaing, and not to use
this kind of advertisement again.
However, looking closely to the ads analysed, one sees for instance, how the
dominant trait Eros (overdosed Eros, which determined the ban), is apt to turn into
Thanatos, as in the case of Dolce & Gabanna ads, portraying sex on the verge of turning
into violence; or, conversely, how the featured dominant trait Thanatos representing
danger, death and destruction can have an irresistible appeal to be turned into sex, that
is, Eros, and the example here is Diesels Global Warming campaign.
Bearing in mind in our categories Eros represents sexual or sexist content, and
Thanatos violent, dangerous behaviour, scorn, harm or racist content, we can divide the
ads analysed in these categories the following way
EROS
THANATOS
Viledas mop
Tagus Beer
Chevrolet Captiva
BES Credit
Lynx Shock
Trident
Ryanair
Rustler
Nolita
Cristaline water
Global Warming
Zombies
All the ads present traits that can be led back to these two metaphors, and some
mingle those traits, showing how inextricably chained they are in our existence. The
adverts also provide a fairly good sketch of public mores in Old Europe, leading us to
reflect on whats appropriate, or not, in public communication acts. But be still, though,
you beating hearts, for as we can see in the deliberations, it isnt that Victorian
Puritanism and censorship is alive and kicking these days, just that private vices are one
thing, and the public display of such sins another quite different, reminding us that
surely, some things are better not spoken.
.
17
REFERENCES:
ASA Advertising Standards Authority, http://www.asa.org.uk/asa/
EASA European Advertising Standards Alliance, http://www.easa-alliance.org/
IAP Istituto dellAutodisciplina Pubblicitaria, http://www.iap.it/en/final_04.htm
ICAP Instituto Civil da Autodisciplina da Publicidade, www.icap.pt
ASAI Advertising Standards Authority for Ireland, http://www.asai.ie/
BVP Bureau de Vrification de la Publicit, http://www.bvp.org/fre/
Autocontrol Asociacin para la Autorregulacin de la Comunicacin Comercial,
http://www.autocontrol.es/
BIBLIOGRAPHY
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Zwangsleitner, 1997, Grey Press, Berlin.
AA.VV., ASA Annual Report 2007, available for download at http://www.asa.org.uk/asa/
ARISTTELES, Retrica, Imprensa Nacional Casa da Moeda, Lisboa, 1998
AUMONT, Jacques, La Imagen, 1992, Ed. Paids, Barcelona.
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SCHAEFFER, Jean-Marie, La Imagen Precaria, 1993, Ediciones Catedra, Madrid.
18
MORRIS, Charles, Foundations of the Theory of Signs, in Foundations of the Unity of Science
Toward an International Encyclopedia of Unified Science, ed. NEURATH et all., vol. I, 1955,
The University of Chicago Press, p. 77-138.
19