February 2004
Agent Provocateur in Porno Strangle Wrangle
The Advertising Standards Authority, the body that adjudicates on whether non-broadcast advertising material is acceptable for publication, have decided an advert produced by underwear retailer Agent Provocateur was too provocative. The advert was originally produced for use in the mail order catalogue for Agent Provocateur products appeared in a supplement to the Observer Magazine called 'Body Uncovered'. It depicted one model sitting astride another wearing lingerie and using a stocking to simulate strangulation.
Agent Provocateur had argued that the advert was intended to be tongue in cheek, showing a woman in control of her sexuality and behaving in a sexually playful way which echoed the brand image of their goods. The publishers further argued that the likely audience would not be offended by the advert that appeared in a supplement that examined obsession with the human body.
The ASA, however, found that the advert was pornographic and degrading to women, and as a result publication in a supplement national newspaper was likely to cause widespread and serious offence. Although the ASA had noted that the use of the advertisement was a one off, they asked Agent Provocateur to seek the advice of the Committee of Advertising Practice Copy Advice Team before running similar adverts in the future.
BRIFFA Comment:
When publishing material for any purposes, there are a number of sources of law that need to be taken into account before clearing content. In addition to rights clearances in the relevant material issues such as contempt of court, libel and obscenity need to be considered. In addition to the jurisdiction of the courts, there are many other regulatory regimes for films, music, magazines and television programs.
In this case, the relevant body of rules was the advertising standards code. Such codes apply in a way that recognises industry standards as well as strict legal rules. Consequently it is possible to breach a code such as the one used by the ASA while staying within the law as it would be applied by a court. As a result of the labyrinthine regulatory arrangements publishers should insure scrupulous care is taken to ensure they do not fall foul of such rules.