Introduction
Literature, Context, and Conceptualization
Regulating Offensive and Harmful Advertising
Non-commercial Advertising
Regulatory Norms and Complaints Procedures: The Case of the ASA
Conceptualization
Initially drawing upon Willig (2001) in her attempt to develop a framework through which the analysis of the relationship between discourse and power could be conceived along specifically Foucauldian lines, Vingoe’s work itself became a foundation upon which Willig (2013, p. 141) built her subsequent iteration of applied discourse analytic Foucauldianism. While the ASA’s complaint norms and procedures seem a world away from the medical and psychiatric formations often analyzed by neo-Foucauldians, as well as by Foucault himself (2003, 2009), they are nevertheless of a piece in their expressed sensitivity to the inseparability of power and discourse. Foucault does not attribute the fragments of knowledge held within juridical archives, within medical manuals, and/or within institutional procedures, to dispassionate feats of the detached will. “Something is produced”, he writes, “because the instincts meet, fight one another, and at the end of their battles finally reach a compromise. That something is knowledge” (Foucault 1996, see also Lemke 2002; Patton 2018). Nietzsche’s historiographical refusal to separate logos and pathos inspired Foucault’s methodological protocols (see Foucault 1977), they inspired the neo-Foucauldian analysis of the relationship between discourse and power, and they will inform our analysis of how the ASA’s complaints procedures normalize power imbalances.Many authors have expressed concern over the feasibility of accurately describing or articulating the analytic procedure followed in discourse analytic studies… Despite such pessimism, numerous authors have attempted to develop procedural guidelines for the analysis of discourse. Examples from Discursive Psychology include Potter and Wetherell (1987) and Billig (1997) and, from Foucauldian Discourse Analysis, Kendall and Wickham (1999), Parker (1992), and Willig (2001).
Methodology
Data Set
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73 are lengthier ‘published’ formal investigations. These include descriptions of the advertisements themselves, summaries of complaints, advertiser justifications, and regulatory assessments.
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237 are brief ‘unpublished’ informal investigations. These do not include advertiser’s justifications.
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161 (52%) allege offence.
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65 (21%) allege harm.
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84 (27%) allege both offence and harm.
Approach
Analysis and Findings
Discourse Access Profiles
Published reports (i = 73) (formal investigations) | Unpublished reports (n = 237) (informal investigations)c | Total | |||||
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Pagesa | Words | Average (%)b | Pages | Words | Pages | Words | |
Complainants | 8.5 | 4,257 | 9.0 | 30.5 | 14,600 | 39 | 18,857 |
Advertisers | 32.5 | 23,399 | 49.6 | 1 | 473 | 33.5 | 23,872 |
Regulator | 31 | 19,541 | 41.4 | 43 | 28,602 | 74 | 48,143 |
The Production of Subjects
Role | Subject positions | Discursive construction | Discourse | Example | Brief description of the ada |
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Statement-maker | The victim | Offensive/harmful to ‘me’ | Emotional discourse | “Two [complainants], who had recently lost family members to cancer and leukaemia found the ad distressing because the boy’s appearance evoked upsetting memories of their relative’s recent deaths.” (Department of Heath-2, unpublished) | Promoting organ donor register. Showed a boy with his mother; he gets progressively ill. “Nearly all of us would take an organ. But most of us put off registering as a donor” |
Transgression of values and beliefs | Morality discourse | “Viewers objected that the ad was offensive because:—it promoted abortion,—of their religious beliefs” (Ruling on Marie Stopes International, 04/08/2010) | ‘Are you late?’ Showed three scenes where women appear pensive, then offered help for those who may be pregnant | ||
The police | Legitimization of the ‘wrong’ | Two complainants “objected that the ad was offensive because it depicted an act of animal cruelty and implied was acceptable or amusing to treat animals in that way” (Ruling on The Scottish Government, unpublished) | Safer Scotland cycling campaign. Depicted a cartoon cyclist swinging a cat by the tail highlighting the need for space on the road | ||
Trivialization of the issue/cause | “Others felt it made light of mental illness and implied it was an amusing subject that could be laughed at.” (Ruling on MIND, unpublished) | Showed various negative stereotypes of mental illness and contrasted them with a view of a ‘normal’ person attempting to dispel such myths | |||
Unnecessary negative emotional trigger | Emotional discourse | “The majority of the complainants said that the images of a live childbirth were offensive, overly graphic and unduly shocking and distressing.” (Ruling on The Save the Children Fund, 07/05/2014) | Featured a real birth scene. In support of basic training for midwives | ||
The pastor | Offensive/ harmful to others | “[t]he ad was overly graphic and likely to cause distress to victims of rape” (Ruling on Home Office-5, unpublished) | ‘This is abuse’ campaign. Showed teenage couple in bedroom, she does not consent, but he continues to undress her |
Role | Subject positions | Discursive construction | Discourse | Example | Brief description of the ad |
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Debate-participant | The counter-complainant | Source of controversy and disagreement | Discourse of disbelief/ disagreement | “Cancer Research UK (Cancer Research) said it was "irrational, illogical and not in accordance with the Code" to consider the envelope in isolation from its contents.” (Ruling on Cancer Research UK-2, 30/01/2013) | A circular personifying Cancer, envelope stated ‘It doesn’t matter to me who YOU ARE’, text inside narrated cancer’s story |
The casuist | Common strategy | Discourse of normalization | “They considered that was no different to any other form of crime prevention communication activity and referenced ad campaigns by Greater Manchester police in which they used mobile ads to target wanted criminals.” (Ruling on Home Office-1, 09/10/2013) | ‘Go Home’ campaign poster London vans giving those in the UK illegally a choice to return home voluntarily or face arrest | |
The anticipator/pragmatic justifier | Effective tactic beneficial to the cause | Economic discourse | “They believed the science showed that climate change posed a significant risk to human well-being in the future and the level of potential discomfort evoked by the ad was proportionate to that risk. They said the creative treatment was thoroughly researched before production commenced and showed a positive response…” (Ruling on Department of Energy and Climate Change, 17/03/2010) | ‘Act on CO2′ campaign a bedtime story that shows the horrible effects of climate change | |
True representation of a serious cause | Discourse of unpleasant reality | “They said the campaign aimed to provide an insight to the general public into how it feels to be diagnosed with a disease that leaves you with no hope.[…] these were the words of real pancreatic cancer patients, including those featured in these ads.” (Ruling on Pancreatic Cancer Action, 23/04/2014) | Three print ads showing pancreatic cancer patients saying: “I wish I had breast/testicular/cervical cancer”. The ad then stated pancreatic cancer has the lowest survival rates of the common cancers | ||
The consequentialist | Necessary evil to achieve goals | Consequentialist discourse | “F4J said that abusive, anti-male content continued to be posted on the site and considered that highlighting this was a matter of public interest and that the ad was an entirely legitimate way of raising this matter.” (Ruling on Fathers for Justice, 04/07/2012) | ‘Say it with hate this Mother’s Day’. Ad showed a toddler with various negative words written all over his body. Against Mumsnet website’s anti-male content | |
The apologist | Unintentional mistake | Discourse of apology | “[…] it was not their intention to cause offence and they welcomed all readers, whatever their point of view.” (Ruling on Coalition for Marriage, 13/06/2012) | Ad featuring couples on their wedding day asking people to sign a petition to keep the definition of marriage as it is | |
The conformist | – | – | “Adv [Advertiser] had received a large number of cpts [complaints] directly and decided to withdraw the ad.” (Ruling on Plane Stupid, 23/12/2009) | Ad showing polar bears falling from the sky to their death by smashing into buildings and cars. Against short-haul flights |
Role | Subject positions | Discursive construction | Discourse | Example | Brief description of the ad |
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Judgment-passer | The meticulous bureaucrat | Appropriate and proportionate execution | Judicial discourse | “We considered that the emotional nature of the appeal was proportional to the content of the ad and the seriousness of the issue being discussed.” (Ruling on Save the Children-5, unpublished) | Ad depicting a child suffering from starvation |
“We considered that, although some of the images in the ad were hard-hitting and the cumulative effect might have been stronger than that of viewing any of the given scenes in isolation, in the context of a road-safety campaign they were not inappropriate.” (Ruling on Department of Environment-1, unpublished) | Road safety ad depicting scenes from previous road safety ads, including cars crashing and the consequences | ||||
The sympathetic bureaucrat | Emotional trigger | Emotional discourse | “The ASA considered the ad was hard-hitting and disturbing in its depiction of serious injury or death to a child and a father's consequent grief. The abrupt change in tone, from the care-free playing of children and sporting celebrations to a scene of devastation, strengthened the ad's impact; it was not obvious until towards the end of the ad that it was promoting road safety. We recognised that anyone who had lost a friend or relative in a road traffic accident was likely to be affected, perhaps deeply, by the ad.” (Ruling on ITV Broadcasting (regarding a Department of Environment & AXA insurance ad), 10/11/2010) | Road safety ad showing a man driving home after a football match and celebratory drink, losing control and his car crushing a boy playing in the garden. As the boy’s father runs to his son, picks him up and sobs, the voice-over states: “Never ever drink and drive. Could you live with the shame?” | |
The consequentialist | An end justifying the means | Consequentialist discourse | “However, we considered that adult viewers were likely to accept that the ad served an important purpose in addressing the serious issue of drink driving, and that its intended deterrent action, which could save lives, justified its shocking content.” (Ruling on ITV Broadcasting (regarding a Department of Environment & AXA insurance ad), 10/11/2010) | As above | |
The moral police | Source of offence or harm | Morality discourse | “We considered that the claim and image used in the ad had been used in a shocking way merely to attract attention and that the reason did not justify the means in this case. We therefore also considered that the ad was likely to cause serious offence and distress to some people.” (Ruling on People for the Ethical Treatment of Animals, 03/02/2010) | Ad featuring Steven Barker, labeling him as animal abuser, baby abuser, and rapist and suggesting that people who abuse animals rarely stop there.[Barker was found guilty of rape of a 2-year-old child in 2008 and was known to have tortured animals as a child] |
The Normalization of Practices
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What possibilities for action are mapped out by these constructions?
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What can be said and done from within these subject positions?