Case Report ISSUES RAISED Sex/sexuality/nudity S/S/N - general DESCRIPTION OF THE ADVERTISEMENT

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1 Case Report 1 Case Number 0319/12 2 Advertiser Reckitt Benckiser (Aust) Pty Ltd 3 Product Toiletries 4 Type of Advertisement / media Pay TV 5 Date of Determination 08/08/ DETERMINATION Dismissed ISSUES RAISED Sex/sexuality/nudity S/S/N - general DESCRIPTION OF THE ADVERTISEMENT The Advertisement is for Durex Play Massage 2in1 Gel (the Product). The Advertisement features a couple aged in their late twenties on a bed in their bedroom. The scene opens in a hallway and moves to a bedroom where we can hear the noise of a creaky bed. The top of a man is seen over the top of the back of the bed. As we get closer, we can see that the man is using the Product to assist in massaging his partner s back, which action is causing the bed to creak. The man is dressed in boxer shorts, whilst his partner is featured lying on her stomach, with her lower half covered with a sheet. The man pauses in his massage and uses the Product to quieten the creak, before resuming. The Advertisement closes with a Product shot. THE COMPLAINT A sample of comments which the complainant/s made regarding this advertisement included the following: It then shows the man injecting lubricant underneath the bed being used to perform the intercourse. A spring squeaking sound can be heard as a result from physical activity occurring on the bed. As this is all occurring a squirting sound effect can then be heard. All of a sudden the squeaking sound can no longer be heard. Then a voice over announces love sex love durex Which is a technique to subliminally assimilate the word sex with the brand name Durex within the human mind or as a form of mind control for the weak minded. My complaint is very basic. Respectful of the fact that this advertisement has been aired during an M rated television program. I still believe that the advertisement is still distasteful. The legal age to perform sexual intercourse is 16+ yet despite this it is aired

2 during a program that is suitable for 15 year olds and over. And despite this there is also a small collection of text over the screen that even says 18+ only. Despite this the majority of pay TV customers don't necessarily want to see this kind of content whilst watching a program that is completely irrelevant. Sexual scenes can quite clearly and obviously be seen and I think that the sex industry is starting to cross the line. I'm also pretty sure that a lot of younger teenagers younger than 15 or 16 are watching a program called Family Guy and I am pretty sure that this advertisement has been aired during this program as well further encouraging teenagers to do the wrong thing and Most of which don't know the risks of Sexual intercourse at this age. THE ADVERTISER S RESPONSE Comments which the advertiser made in response to the complainant/s regarding this advertisement include the following: Advertisement Complaint Reference 0319/12 I refer to your letter of 20 June 2012 regarding a complaint received from a member of the public concerning the Durex Play Massage 2in1 Gel (Advertisement). Thank you for the opportunity to comment on the issues raised in the complaint. Background The Advertisement is for Durex Play Massage 2in1 Gel (the Product). The Advertisement features a couple aged in their late twenties on a bed in their bedroom. The scene opens in a hallway and moves to a bedroom where we can hear the noise of a creaky bed. The top of a man is seen over the top of the back of the bed. As we get closer, we can see that the man is using the Product to assist in massaging his partner s back, which action is causing the bed to creak. The man is dressed in boxer shorts, whilst his partner is featured lying on her stomach, with her lower half covered with a sheet. The man pauses in his massage and uses the Product to quieten the creak, before resuming. The Advertisement closes with a Product shot. Complaints The complaints raise a number of allegations, which can be summarised as follows: 1. the Advertisement uses subliminal techniques to tell viewers that the main purpose of this product is for anal sex and to associate of the word sex with the brand name Durex as a form of mind control for the weak minded ; 2. the Advertisement depicts sexual scenes and sexual intercourse; and 3. the Advertisement is distasteful, the majority of pay TV customers don't want to see this kind of content whilst watching a program that is completely irrelevant and the Advertisement is not appropriate for the teenagers younger than 15 or 16 are watching Family Guy, Submission Reckitt Benckiser takes complaints about our advertising seriously. In making our submission, we have considered the entirety of section 2 of the AANA Advertiser Code of Ethics (the Code). We believe that the only provision of section 2 which has any potential application to the Advertisement, having regard to the Issues (but which is not breached by the Advertisement), is section 2.4, which provides that Advertising or Marketing Communications shall treat sex, sexuality and nudity with sensitivity to the relevant audience.

3 We submit that we comply in all respects with the letter and spirit, not only of section 2.4, but of the Code as a whole. We also note that very similar issues have already been raised in complaint 0266/12 relating to the same Advertisement on free to air TV, which was recently dismissed by the Board. Response The first aspect of the complaint is in relation to subliminal advertising. We are at a loss to understand how the complainant can allege that the Advertisement carries a subliminal message that the product is for anal sex. Anal sex is not directly or, by any reasonable stretch of the imagination, indirectly referenced in the Advertisement. We suggest that this allegation is more likely an artefact of a fertile imagination coupled with preconceived prejudices about the Product. So far as the second subliminal message that the complainant alleges is concerned, linking the Product to sex is an overt message. The final scene explicitly states: love sex Durex above the Product shot. In the absence of any restrictions on making this statement, this aspect of the complaint is without basis. Accordingly, this aspect of the complaint should be dismissed. The second aspect of the complaint alleges depictions of sexual scenes and sexual intercourse. This is factually incorrect. At most, the opening scene is mildly suggestive. However, this suggestion is quickly dispelled by the following scene in which the viewer finds out that the creaking bed is being caused by a vigorous massage, thereby engaging our target audience with the cheeky sense of humour that has long been used to advertise Durex products. As there is no basis for making this allegation, this aspect of the complaint should also be dismissed. The final aspect of the complaint relates to the suitability of the Advertisement for airing during the program The Family Guy which aired between 9:30pm and 10:00pm at night. The 9:30pm and 10:00pm timeslot is clearly an adult timeslot. On this basis alone, this aspect of the complaint should be dismissed. When coupled with its placement in The Family Guy, it is clear that the programming is targeted at mature audiences. Whilst the complainant may feel that the The Family Guy is suitable for younger teenagers, we submit that its regular exploration of themes of sex, nudity, bondage and bestiality are a clear indication that community expectations would differ from the complainant s. A selection of stills from episodes of The Family Guy illustrating these adult themes has been annexed for the Board s information. In support of The Family Guy targeting an older demographic, we note that note that the program concurrently airs on free to air TV, where it attracts an M classification. Given the late night timeslot, the rating The Family Guy attracts on free to air TV and the adult themes The Family Guy explores, we submit that the relevant audience of such a program is a mature one which is unlikely to be shocked, outraged of offended by a mildly suggestive advertisement such as the Advertisement. Whilst some viewers may prefer that the Advertisement not be shown, the Advertisement is very mild and most viewers of The Family Guy would be used to far more explicit themes and therefore unlikely to find the Advertisement offensive or inappropriate. This final aspect of the complaint should also be dismissed. Insofar as any issues raised in the complaint have not been dealt with above, we rely upon our response to complaint 0266/12 in its entirety. In light of the above, we strongly urge the Board to dismiss the complaint in its entirety and we look forward to receiving the Board s determination in due course.

4 THE DETERMINATION The Advertising Standards Board ( Board ) considered whether this advertisement breaches section 2 of the Advertiser Code of Ethics (the Code ). The Board noted the complainant s concerns that the advertisement is offensive and contains imagery that is not appropriate for viewing by children. The Board viewed the advertisement and noted the advertiser s response. The Board considered whether the advertisement was in breach of section 2.4 of the Code. Section 2.4 of the Code states: Advertising or Marketing Communications shall treat sex, sexuality and nudity with sensitivity to the relevant audience. The Board noted that this advertisement depicts a bedroom scene firstly the audience can hear the noise of a creaky bed. The top of a man is seen over the end of the bed. The man is then shown using Durex Massage 2 in 1 gel to assist in massaging his partner s back. The man is dressed in boxer shorts, whilst his partner is featured lying on her stomach, with her lower half covered with a sheet. The man then uses the gel to quieten the creaking bed, before resuming the massage. The Board considered that while the advertisement does depict some nakedness, it is fleeting and the nudity is very modest and does not expose any of the private areas of the actors. The Board considered that showing examples of activities that may take place in a bed or bedroom (including intimacy between consenting adults) is acceptable and relevant to the product being advertised and that this scene was short and relatively discrete. The Board considered that the content of the advertisement was not inappropriate for viewing by a mature audience. The Board considered that most members of the community would find the content mildly sexually suggestive and not inappropriate. The Board noted complaints about the same advertisement broadcast on television (case reference 266/12) had been dismissed. The Board determined that the advertisement did treat sex, sexuality and nudity with sensitivity to the relevant audience and that it did not breach Section 2.4 of the Code. Finding that the advertisement did not breach the Code on other grounds, the Board dismissed the complaint.

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