March 2004
ASA take on Nokia and…
Advertisements for Nokia's N-Gage games system and mobile phone have been the subject of an adjudication by the Advertising Standards Authority (ASA). The adverts in question were part of a nationwide campaign for the new device but the complaint principally concerned those printed in the Guardian, Independent, London Metro, Times, Evening Standard and Daily Mail Newspapers.
The campaign featured images of locations with a strap line suggesting a double meaning that would be quickly apparent to gamers. Examples of the adverts complained of included a depiction of an empty dark alleyway with the words "This is where I took on three guys … and made them cry like babies" and a picture of a caravan in an open space with the words "This is where I left Kate, Lucy and Michelle begging for more".
The adverts were complained of on the basis that they condoned sexual violence and that they were offensive. Nokia had argued that the adverts were aimed at mature gamers in the 18-35 age bracket who would know what the meaning of the adverts were.
Additionally, the Guardian and the Independent argued that the publications in which the adverts appeared were aimed at an intelligent adult market who were unlikely to be offended.
Despite these arguments the majority of the complaints were upheld by the ASA. Nokia have been asked not to use the adverts again. However, as the campaign is now 6 months old, the likelihood of the adverts being re-used is, perhaps, slight to say the least.
BRIFFA Comment:
The ASA adjudicate complaints on a case by case basis. Rather than taking a strictly legal approach as would occur in a court action for obscenity, the ASA need to consider a range of factors including the audience for the advert and prevailing standards of decency. The approach is more flexible and encourages common sense among advertisers. However, it can make predicting the decisions of the ASA a difficult business.