Case Report ISSUES RAISED Violence Other DESCRIPTION OF THE ADVERTISEMENT

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1 Case Report 1 Case Number 0457/11 2 Advertiser FOXTEL Management Pty Ltd 3 Product Entertainment 4 Type of Advertisement / media Transport 5 Date of Determination 07/12/ DETERMINATION Dismissed ISSUES RAISED Violence Other DESCRIPTION OF THE ADVERTISEMENT Image of the character Dexter. He is holding a knife in his clasped hands and behind him is a blood splatter in the shape of wings. The text reads, "Dexter. Brand new season Thursday nights only on Showcase. Exclusive to FoxTel." THE COMPLAINT A sample of comments which the complainant/s made regarding this advertisement included the following: 1. Primarily this is just a disturbing picture. It is implying that violence is a happy past time, that extreme violence (murder) is OK. This was a very graphic representation with a 'smiling' man surrounded by blood splatter. 2. How do you explain what this image represents to children? 3. The placement of this advertising was also inappropriate. This is an adults only show and this image was on the side of a passenger bus able be seen clearly by any child. The spattered blood in the background of the advertisement is a graphic depiction of violence not suitable for general viewing and there is no opportunity for viewer discretion to avoid the advertisement. As a foster carer, aunt, youth and community worker I believe that I can confirm that this image is disturbing, particularly to young children.

2 THE ADVERTISER S RESPONSE Comments which the advertiser made in response to the complainant/s regarding this advertisement include the following: The advertisement is for the programme Dexter (the Advertisement ) which is broadcast on Showcase on the FOXTEL platform. Upon receiving this complaint, FOXTEL contacted the Premium Movie Partnership ( PMP ) who is responsible for the operation of Showcase and the marketing of programmes on the channel. PMP has reviewed the Advertisement and have provided the attached response to the Advertising Standards Bureau. I hope that this response satisfactorily responds to the complaint. PMP (being the Premium Movie Partnership) owns and operates the Showtime Movie Channels (which includes the showcase channel). PMP licenses these channels to FOXTEL. As requested, PMP now provides the following information. THE ADVERTISEMENT The Complaints describe: a Poster on the side of a passenger bus (being Complaint 1); Outdoor signage on the side of the Brisbane City Council bus (being Complaint 2) PMP understands the Complaints to relate to the TV drama series DEXTER Season 6. PMP did place media with APN Transit, comprising portrait sides of buses in Adelaide and Brisbane, for DEXTER Season 6 including during the periods stated in the Complaints. Description of the Advertisement The advertisement is a promotion for the showcase channel tv drama series "DEXTER Season 6" which was being broadcast on FOXTEL (the "Advertisement"). The Advertisement depicts a head and upper body image of a man, with cupped hands, holding a blade, in front of red spatter marks. PMP RESPONSE DEXTER is a critically and audience acclaimed drama series produced for Showtime Networks, Inc. (a non-related US cable channel). The show is based on the novel 'Darkly Dreaming Dexter' by Jeff Lindsay, a South Florida native. The central character, Dexter Morgan, was orphaned at the age of four and harbouring a traumatic secret, is adopted by a police officer who recognises Dexter's homicidal tendencies and guides his son to channel his gruesome passion for human vivisection in a constructive way - by killing those heinous perpetrators who are above the law or who have slipped through the cracks of justice. The Dexter character is a respected member of the police force, a perfect gentleman and a man with a soft spot for children. Although his drive to kill is unflinching, he struggles to emulate normal emotions he doesn't feel, and to keep up his appearance as a caring, socially responsible human being. Season 6 has as its central theme Dexter encountering a killer who carries out his objectives with religious fervour. This leads Dexter to begin to explore something he never thought he had use for - the nature of faith. As a father Dexter constantly wrestles with what he doesn't want to pass along to his son, namely his "dark passenger". For the first time, Dexter is forced to consider what he does want to pass on. The Season 6 explores whether spirituality has a place in a serial killer's world. The red spatter featured in the Advertisement, which in part represents the blood of the victims of crime, is an allusion to the notion of the Avenging Angel - an image which is highly

3 recognisable and prevalent in the art and literature of the Old Testament and common to various religions. PMP submits that the imagery used in the Advertisement is an essential and accurate portrayal of the characters, themes and relationships within the show. The PMP showcase channel contains unique and distinctive programming. The style of programming is high-end, high-concept and high production values. The TV drama program subject matter broadcast on showcase involves non-linear narrative and/or deals with subject matter that is not portrayed on other channels and platforms. The PMP channels, including showcase, are on a premium tier and therefore are specifically acquired by customers because of their content. The artwork contained in the Advertisement is supplied by the show's licensor (Showtime Networks, Inc., via CBS). It is the artwork supplied to all licensees of the show and employed throughout the world. In formulating the marketing campaign for the show, PMP carefully considered and reviewed all aspects including the Advertisement. PMP was mindful of and took into account the following (without limitation): AANA Code of Ethics (and associated Practice Note); AANA Code for Advertising and Marketing Communications to Children (and associated Practice Guide). Issues of the very subject matter (centered around an avenging serial killer), of killing, violence, justice and punishment, social norms and conventions, moral ambiguity were all considered by PMP and in the context of PMP's knowledge of prevailing community standards (gained from sources that include (without limitation) extensive and regular market research, information exchanges with FOXTEL and AU STAR, discussions with our creative and media agencies, general market knowledge and observations, and interaction with subscribers to the channel). PMP understands the Complaints as being in relation to: Section 2.2 of the Code of Ethics (which provides that ''Advertising or Marketing Communications shall not present violence unless it is justifiable in the context of the product or service advertised".) PMP notes that the ASB has regard to Prevailing Community Standards. In relation to Section 2.2 The Complainants state objection that: the artwork featured in the Advertisement is a ''disturbing picture" that is a "very graphic representation with a 'smiling' man surrounded by blood splatter", and that it implies "that violence is a happy pastime, that extreme violence (murder) is ok" (Complaint 1); The spattered blood in the background of the advertisement is a graphic depiction of violence... " (Complaint 2) PMP responds that: the graphic representation, using red to simulate blood spatter, in the form of angel's wings behind the male character, is a necessary and accurate indicator of the characters in the show and the themes that are being explored in the narrative; as such, the Advertisement is justified in the context of the show being advertised; the Advertisement is non-offensive and relatively low impact and draws on classical and biblical allusions. PMP submits that the Advertisement does not present or portray "violence" in any respect. However, if the ASB is of the view that the Advertisement does in fact present or portray "violence", then PMP is of the view that PMP has complied with Section 2.2 of the Code by presenting violence which is "justifiable in the context of the product or service advertised". Further, that the imagery used is of a low impact. Here, the context is a promotion for a show whose central character is a morally ambiguous and troubled serial killer who acts out a particular notion of justice and punishment. The 'smile' is a direct reference to the troubled mental and emotional state that the central character is continually depicted as facing

4 Further, and including for reasons stated above, the male character featured in the Advertisement is not directing violent behaviour towards any particular individual, nor is there violence aimed at the viewer of the Advertisement. For the reasons including those stated above, PMP submits that the Advertisement does not breach Section 2.2 of the Code of Ethics nor any other provision of the Code of Ethics. PMP submits that this is an advertisement for a fictional drama show whose central character is a clearly morally ambiguous killer enacting justice and punishment set in a fictional world of a major urban police department and that the Advertisement would and should be perceived in such context. PMP was concerned to ensure that the placement of the Advertisement did not cause concern or result in a breach of any applicable code, legislation or regulation. No media was booked for static outdoor (eg: Metrolites, Adshells) that were at or near potentially sensitive locations such as schools, hospitals or places of religious observance. This, in part, addresses any concerns with respect to the potential exposure of the Advertisement to children (who are not the target audience). Further on the point of potential exposure to children, PMP submits that the nature of the imagery used in the Advertisement was at a particular level of impact, and sufficiently discreet (including with respect to the blade being held in the cupped hands), such that would not necessarily raise to the attention of children certain issues that might be perceived by an adult. At a simple level, the imagery is of a smiling man with angel wings. Once PMP was satisfied with its internal enquires, it passed the Advertisement on to PMP's media buyers (Publicis Media). With respect to this particular Complaint, the Advertisement was placed by Publicis for consideration with APN Transit and accepted. PMP also submits that the Advertisement could not be interpreted as a real life situation. Further, that the image was relevant to the advertised product and not so strong as to be inappropriate for general viewing. It is PMP's overall submission that the Advertisement treated the identified issue of violence (as well as those of taste and potential impact on children) appropriately and with sensitively and therefore the Advertisement did not involve a breach of the AANA codes. Should you have any questions or require any additional information then please feel free to contact per the above details. THE DETERMINATION The Advertising Standards Board (Board) considered whether this advertisement breaches Section 2 of the AANA Advertiser Code of Ethics (the "Code"). The Board noted the complainants concerns that the advertisement features a graphic depiction of violence which is inappropriate for general viewing. The Board noted Section 2.2 of the Code which requires that advertising or marketing communications not use violence unless it is appropriate in the context of the advertised product or service. The Board noted the advertisement is for a television program called Dexter which is about a serial killer and that it features an image of the character holding a knife and standing in front of a wall which has blood splattered on it in the shape of wings.

5 The Board noted that the image was highly stylised and relevant to the widely recognised television program it is advertising. The Board noted that this advertisement was seen on public transport and therefore could be viewed by children but considered that the image would be unlikely to make any sense to children. The Board noted that the inclusion of the knife is very discrete and the fact that Dexter is smiling makes the image not menacing. The Board noted that the blood splattered on the wall implies violence but that the knife Dexter is holding is not bloodied and that there is no indication as to how the blood got on the wall or who the violence was directed at. The Board agreed that some people would find the image unpleasant but the majority of the Board determined that the image is relevant to the advertised product and not so strong as to be inappropriate for general viewing. The Board determined that the advertisement did not breach Section 2.2 of the Code. Finding that the advertisement did not breach the Code on other grounds, the Board dismissed the complaints.