On Banned TV Ads

You know the old trick. Make an ad that's offensive, like this one by Paddy Power. Get the ASA to ban it from TV. Then take it to the naughtly old internets where its 'banned on TV' status is sure to set tongues wagging.

Simples!

Not so fast, amigo. If the ad in question really violates the Broadcast BCAP Code it's pretty likely to violate the Non-Broadcast CAP Code, too. Much as it may wrankle with internet idealogues, the non-broadcast CAP Code not only applies to online advertising, it also applies to videos that brands upload to YouTube and other forms of viral advertising.

Although Section 6 of the Broadcast Code gives much more detailed guidance than Section 5 of the Non-Broadcast Code when it comes to harm, offence, and decency, the wording of the guiding principle is exactly the same: marketing communications must not cause serious or widespread offence.

In other words, if your ad is offensive enough to get banned from TV, you can't run it on the web either, viral or no.

So, the obvious upshot is that you need to make your add offensive enough that you can plausibly claim it was banned from TV, but not so offensive that it actually is.

Simples!