Below is the mediawatch-uk Response to changes to the Broadcast Code for Advertising Practice

We are grateful for the opportunity presented by this consultation to express our concerns about the some of the changes to the Code being proposed in this review.

We wish to comment upon only 4 of the questions posed as follows:

Guns: Q55 asks if "you agree with the proposal to strengthen the present prohibition to TV advertising for guns and replica guns..."

We would first of all like to express our support for the proposal to "strengthen" the present prohibition on advertising for guns and replica guns.

We believe that the portrayal of guns on television and in film is a serious matter.  It represents harmful material, within the terms of the Communications Act 2003, which as a society we can well do without.

The monitoring of films, conducted by mediawatch-uk over a twelve year period, shows that the use of firearms is by far the most commonly portrayed fictional violence.  As such this amounts to glamorisation of firearms.  We believe that this is a serious hindrance to efforts to stop the use of firearms in a climate where the illegal use of them is a very serious and growing problem.

Any use or representation of firearms, real or replica, in any advertisement surely adds to the impression that their use is legitimate and "cool".

Accordingly, we suggest that the BCAP should be amended and extended to preclude the use of guns or replica guns in any TV advertisement and not just those for the advertising of such articles themselves.

Pornography: Q54 asks if "you agree with the proposal to relax the present prohibition on TV advertising for pornography products..."

We do not agree with the proposal to relax the present prohibition on advertising pornography products.  Pornography distorts human sexuality and undermines dignity and respect for others by making sexual intimacy into little more than a spectator sport without love, commitment or responsibility. 

Pornography has been cited in research as a contributory factor in marital breakdown, sexual crime, such as rape and attempted rape and contributes to sexual dysfunction.

Porn UK (Newspaper Article)
First major study of online pornography reveals 1 in 4 adults downloaded images last year
Record numbers of men and women are downloading pornography from the Internet, making Britain the fastest-growing market in the world for the booming £20bn adult website industry. 

In the first definitive portrait of the nation's consumption of pornography, the Independent on Sunday can today reveal that more than nine million men - almost 40 per cent of the male population - used pornography websites last year, compared with an estimated two million in 2000. 

In a major survey for the IoS by Neilsen NetRatings, a world leader in Internet analysis, research discloses that women are among the fastest-growing users of pornography on the Internet, with a 30% rise from one million to 1.4 million in the past twelve months.  The figures also show that more than half of all children - some seven million - have encountered pornography on the Internet "while looking for something else". 

The surge in use of web pornography mirrors a huge boom in the number of hard-core sex films available to buy legally in the UK over the past few years.  Film censors passed more hard-core sex films last year than 18-rated movies. 

Relationship agencies have reported that as many as 40 per cent of couple with problems believe that pornography has contributed to their difficulties. 

The UK porn industry is estimated to be now worth about £1bn, compared with £20bn worldwide.  British internet surfers look up the word "porn" more than anyone else in the English-speaking world.
Independent on Sunday 28/5/2006
Read more...

The Department of Justice commissioned a meta-analysis of available research on the effects of viewing extreme and other pornography to support the Government's legislation (The Criminal Justice and Immigration Act) to make a new criminal offence of possessing extreme pornographic material. 

This study, published in September 2007, examined numerous other studies including a meta-analysis by Oddone-Paolucci and Violato (2000) which reviewed 46 studies.  They concluded that the results were "clear and consistent [that] exposure to pornography puts one at increased risk for developing sexually deviant tendencies, committing sexual offences, experiencing difficulties in one's intimate relationships and accepting rape myths".

Click Here for the Ministry of Justice Report

The responsibility-free philosophy pornography promotes has led to a sexual health crisis among the young and middle aged.  We note that a recent survey, conducted by The Sex Education Show vs Pornography on Channel 4 TV, found that teenagers learned more about sex from pornography than from any other source.

Whilst we are aware that there are many pornography TV channels operating within the UK, licensed by Ofcom, it would certainly spoil the viewing of many people, who have no wish to view such material, if advertisements for these channels, or any other pornography products, were to invade the mainstream TV channels with advertising promotions.

We remind the ASA here that pornography products classified ‘R18' by the British Board of Film Classification may be sold legally only through licensed sex establishments to people who can verify that they are 18 years of age or older.  Moreover, Ofcom, to its credit, has maintained the prohibition on ‘R18' classified and ‘R18' standard material. 

It would, to say the least, be inconsistent to permit ‘R18' pornography products to be advertised on TV especially so when there can be no guarantee that such advertisements would not be seen by people under the age of 18.  This would also conflict with Ofcom's duties to protect the under-18s from offensive and harmful material. 

The ASA must be consistent with these rulings and, at the very least, should specifically preclude the advertising of ‘R18' and ‘R18' standard material.

We believe this proposed relaxation is much more about providing additional sources of revenue to support commercial television whereas the priority for the ASA really ought to be safeguarding the sensibilities of viewers.  For these reasons the present prohibition should be maintained.  The onus is on commercial broadcasters to raise sufficient revenue by commissioning and transmitting programmes that attract viewers.

Maintaining this prohibition will not measurably harm the global pornography industry because, sadly, it is now too well established, but it will protect the interests of many viewers who do not want pornography and who already feel betrayed by the Government and the regulator who permit the transmission of such material on numerous digital TV channels.

Abortion: Q62 asks if you agree with the proposal to change the rules on "post-conception advice services..."

We do not agree with the proposal to permit the advertising of "post-conception advice services".  Whilst we recognise the Government's efforts to reduce teenage pregnancies it is at least questionable that the advertising of such services on TV will have any real impact on this problem. 

The target group is least likely to be influenced by TV advertising.  We understand that advertising agencies know that old formats, such as TV advertising, simply do not get their messages through any more.  Advertisers are, and have been for some time, migrating to the Internet where messages can be more accurately targeted.

The better solution, however unrealistic it may seem, is to promote marriage as the context within which sexual intimacy is right and proper.  The present promotion by the media of recreational, casual sexual activity must be reversed.  Advertising "post-conception advice services" on TV is the culmination of a prolonged period of failed social policy in this important area of intimate human activity.

We note the remarks made in Parliament on 16 June 2009 by Mr Justice Coleridge which are relevant:

(Newspaper Article)
"Marriage should be promoted by the Government to end the 'social anarchy' of family breakdown," a senior judge said last night.  Mr Justice Coleridge accused mothers and fathers who fail to commit to each other of engaging in a game of 'pass the partner' that has left millions of children 'scarred for life'.

In a hard-hitting speech in Parliament, he called for a change of attitude that would attach a 'stigma' to those who destroy family life and said a National Commission should be established to devise solutions for the 'epidemic' of broken homes.
He said: 'The reaffirmation of marriage as the gold standard would be a start.'

Calling for 'a fundamental change in individual attitude and behaviour', he said: 'What is a matter of private concern when it is on a small scale becomes a matter of public concern when it reaches epidemic proportions."
Daily Mail 17/6/2009
Read more...

Moreover, there are some charitable agencies operating in this sphere which simply cannot afford TV advertising and so relaxing the prohibition would discriminate against these agencies which allocate all their limited resources to helping people to overcome their difficulties and improving their situation.

Advertising "post-conception advice services" could diminish respect for human life by making abortion seem no more important or significant that other services advertised on TV.

As with Q54 above, we believe this proposed relaxation is much more about allowing additional sources of revenue to support commercial television whereas the priority for the ASA really ought to be safeguarding the sensibilities of viewers.  For these reasons the present prohibition should be maintained.  The onus is on commercial broadcasters to raise sufficient revenue by commissioning and transmitting programmes that attract viewers.

Condoms: Q147 asks if "you agree that television advertisements for condoms should be relaxed from its present restriction..."

We do not agree with the proposal to relax the present restrictions on advertisements for condoms.  Moreover, we would argue that the present restrictions are already too relaxed. 

Whilst we recognise the Government's desire to reduce teenage pregnancies and sexually transmitted infections it is questionable whether more advertising of condoms on TV will solve these problems.  In fact, because of the permissive philosophy underlying this proposal, it may add to the very problem it attempts to solve.

We note recent reports (Daily Mail, 8 June 2009) that boys as young as twelve will be issued with ‘condom cards' allowing them to collect free contraceptives without even their parents being informed.  The rationale for this is said to be the Government's belief that these cards will reduce teenage pregnancy and the spread of sexually transmitted diseases. 

Condoms have been widely available for many years with little or no restriction and yet these problems have become worse, rather than better, as time has passed and so a radically different and new approach is needed.

We note the conclusions of research, ‘Social Evils', and published 11/6/2009, conducted by the Joseph Rowntree Foundation which found that collapsing moral values were named as blights on the lives of millions.  The people who responded to their research said that "moral boundaries have been lost or blurred, and right and wrong no longer exist".

Click here for the Social Evils report

In these circumstances the provision of condoms to children and the advertising of them on TV will do little to solve the problems the Government wishes to solve.  There can be no doubt that these problems have arisen, at least in part, by the portrayal of casual recreational sexual activity in pornography, in TV programmes and in films routinely shown on TV and in the cinema. 

Without a radical change in the way human relationships are portrayed and promoted we simply do not believe that advertising condoms on TV will change anything, least of all reduce the rate of teenage pregnancy or sexually transmitted infections.

As with Q54 above, we believe this proposed relaxation is much more about attracting additional sources of revenue to support commercial television whereas the priority for the ASA really ought to be safeguarding the sensibilities of viewers.  For these reasons the present prohibition should be maintained. 

The onus is on commercial broadcasters to raise sufficient revenue by commissioning and transmitting programmes that attract viewers.

We remind the ASA of the provisions of the EU Audio Visual Media Services directive which states:

Protection of Minors in Television Broadcasting
Article 22

1. Member States shall take appropriate measures to ensure that television broadcasts by broadcasters under their jurisdiction do not include any programmes which might seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence.

2. The measures provided for in paragraph 1 shall also extend to other programmes which are likely to impair the physical, mental or moral development of minors, except where it is ensured, by selecting the time of the broadcast or by any technical measure, that minors in the area of transmission will not normally hear or see such broadcasts.

3. Furthermore, when such programmes are broadcast in unencoded form Member States shall ensure that they are preceded by an acoustic warning or are identified by the presence of a visual symbol throughout their duration.

Although this refers to programmes we believe the ASA should accept the spirit of these provisions and apply them to TV advertising.

Advertising Standards Authority here