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London authorities ban poster for Burnout (Updated: ASA responds to Destructoid) photo

First Manhunt 2, then Dark Sector, now a brand new title can call itself a victim of the crusade against videogames and artistic expression. After receiving a MASSIVE thirty seven complaints from easily offended busybodies possessing little else to do with their time than get upset at a few words, the Advertising Standards Authority has decreed that all posters for the upcoming Burnout Dominator will be removed from London Tube stations. The poster had an image of a wrecked car with the slogan "Inner peace through outer violence," and was said by publisher EA to be very clearly a videogame promotion and not whatever an overwhelming 37 people seem to think it was. Seriously, what kind of simple minded cretin takes time out of their day to bitch about something like this?

Unsurprisingly, the ASA has submitted that this poster was 'irresponsible' and a promotion of anti-social behaviour, violence, dangerous driving and/or vandalism. Basically, they've covered their bases as to the sheer plethora of inherent social wrongs that one simple poster can exude like some sort of noxious gas. So what, pray, was the ASA doing before they got the complaints? Or is this a case of "everything's fine until one estrogen-riddled housewife screams blue murder," as seems to be the case more and more these days?

I'm pretty sure that loyal Destructoid readers know what's coming next. That's right, Sterling & Houghton of Gamers For Gaming will take on this case, as we've taken on the Manhunt 2 and the Dark Sector cases. It seems every day that fresh justification for our cause arises, something I can only be grateful to our opponents for. The more they keep this up, the more we can promote GFG and remain fresh in the public eye. Dance puppets, your reactionary prejudice is only fuelling the fires of the engines that will march upon your doors. 

[Update: The ASA got back to me regarding this issue and was very forthcoming in their explanation of the banning. For the details, as well as the ASA's ruling in full, hit the jump]

[Thanks to TehuberOne & Double2's blog]

A short while ago, I spoke on the telephone with Donna Mitchell from the ASA's Communications Team to discuss why the poster for Burnout Domination was pulled and to clarify certain statements that had been attributed to the organization. She was incredibly frank and honest in her explanation and, most unlike other organizations we've been dealing with such as the BBFC and ESRB, didn't dodge issues and actually had good answers for what was asked.

There's no doubt that this was an issue of taste, but should offensive materials be classified as worthy of a ban? Donna told me that it's the job of the ASA to weigh up both sides of the issue and come to a decision as to whether or not the poster's continuation was capable of causing "serious and widespread offense." She assured me that the ability to offend just the 37 people who complained wasn't the motivation for having the advertisments removed. "It's not a numbers game," Mitchell stated. "Yes, people will be offended by adverts. There will be agreements and disagreements, everyone's different. We have to decide if it's the right side of acceptable."

A major issue of the ASA's is the medium more than the advertisment. Donna informed me that the problem with posters is that they're not targetted to a specific demographic and are viewable by the public at large. As for the content itself, the fact it seemed to "condone a violent lifestyle" was the overriding problem in having such an easily viewable image.

I had Donna assure myself and the Destructoid readers that this had nothing to do with the type of media being promoted. There have been complaints against EA that the ASA has not sided with, while posters for albums and movies have faced the banhammer in their time.

What do we learn from this? Ultimately, that the ASA has to deal with a sensitive culture. Imagine, 37 people took time out of their day to go home after seeing one poster and contact the ASA over this. When you're dealing with a public that insane, I guess I can see why the ASA came to the decision it came to. Looking at the official ruling, it does seem that EA was given full advice as well and chose to believe their poster was okay. I wouldn't call EA "irresponsible" for its decision to run the posters, just sadly optimistic.

The majority of us in the gaming community are not offended by the poster, EA knows that. Sadly, however, we have idiots for a population in Britain and it seems EA did not know that. After speaking with Donna Mitchell, I'm satisfied that the ASA did the right thing in the current social climate we have. I'm just not satisfied that the current social climate we have is the right one. I still disagree with the banning based on the fact that I don't think the poster's really that bad, but given the intellectual capacity for the vast majority of people out there, it's certainly not the ASA's fault that they have to pander to idiots.

Now, in the interests of the 'dual sided' debate we at GFG wish to promote, here's the ASA's ruling in full:  

Number of complaints:      37
 

Ad


A poster on the London Underground, for the computer game 'Burnout Dominator', showed a wrecked sports car that had crashed into a wall, with glass fragments scattered on the floor.  A detached tyre was burning in the foreground.  The headline stated "INNER PEACE THROUGH OUTER VIOLENCE."  
 

Issue

The complainants objected that:

1. the reference to and the depiction of violence in the poster was offensive and

2. the poster condoned and was likely to encourage violence, dangerous driving and anti-social behaviour, such as vandalism. 
 
CAP Code:     10.1, 11.1, 5.1, 2.2
 

Response

Electronic Arts said the intention of the campaign was to reflect the consumer experience within the game environment, addressing in particular the idea that playing the game might help relieve the stress and tension of the real world.  They also said they had obtained Copy Advice from CAP about the ad and that CAP had expressed concern that it would be seen to condone violence and antisocial behaviour.  Electronic Arts said they believed it was obvious that the ad was for a video game and, as such, would not be seen to support real-life violence or anti-social behaviour.  They added that the ad intentionally featured no people and thus focused directly on the destruction seen in the game rather than on violence against people in real life.  

Electronic Arts said because of CAP's advice, separate artwork had been developed for any media targeted at younger people.  That work used the same visual with a revised softer line: "Destroy your way to inner peace".  They explained that, given the target audience, they believed the London Underground ads did not require the alternative line.  They said they did not intend to run the ad again and would discuss any further campaigns with CAP, to minimise the risk of any future offence.    
 

Assessment

1. Upheld

The ASA noted the poster appeared in an untargeted medium.  We considered that the vivid depiction of the crashed car and burning tyre, combined with the slogan's implication that people could achieve inner peace through acts of violence, was likely to cause serious or widespread offence.

On this point, the ad breached CAP Code clause 5.1 (Decency).

2. Upheld

We noted Electronic Arts' argument that the ad's message was that playing the Burnout Dominator game might relieve stress and tension in real life.  We also noted, although they had been advised otherwise by CAP, Electronic Arts considered that the ad was suitable for display on the London Underground.    We considered, however, that the ad's placement on the London Underground meant that it would be viewed by many, including young people.  We considered that the images of a car that seemed to have crashed at high speed and a burning tyre, together with a reference to violence, could be seen to condone a violent lifestyle, anti-social behaviour or dangerous driving.  We concluded that the ad was irresponsible.

On this point, the ad breached CAP Code clauses 2.2 (Social Responsibility), 10.1 (Safety) and 11.1 (Violence and anti-social behaviour). 
 

Action

The ad must not reappear in its current form.  We welcomed Electronic Arts' assurance that they would seek advice from CAP on future campaigns. 


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96 comments | showing # 51 to 96

SpiderChrist's Avatar - Comment posted on 06/27/2007 09:36
SpiderChrist
i fear for my haloes and gta4's
stevenjazz787's Avatar - Comment posted on 06/27/2007 09:41
stevenjazz787
Jim,

An argument in your favor (my rant):

How can games not be art? From the emergence of a middle class in the rennaisance the issue of censorship has been at the center of the art world. Through history, the Church, Kings, the Gentry, Dictators, and even people in a free society have been banning paintings, smashing sculptures, burning books, distorting music. The masses go along because they are scared of new things. They were in awe of cathedral art. They were appalled by the Nazi's "Degenerate Art" because it was showing what they didn't want to see. The masses like what is familiar, the idea of the degenerate artist of the past has become become the antisocial gamer and the manipulitive game designers.

But just like the degenerate artist of the past (scientist like Einstein, Painter's like VanGogh, writers like Kafka) some of the best minds of our time our involved in gaming, Spielberg, Jaffe, Suda, Myamoto, Kojima, Samuel L. Jackson, James Woods, Bill Gates. Playing games is a talent and an expression. Critics, both popular and scholastic, have appeared. People dedicate their lives to this art. Those who want to restrict this expression are missing the point. Video games are different because they are interactive; however, this isn't a bad thing. Artist can express themselves in more ways than any other medium allows, and the interactivity lets these artist interact with their audience as much as the audience gets involved with the game.

I hope that the some enlightenment returns, these seem to be dark times for UK and the US. We are invading foreign countries, banning expression, spreading our political influence through pressure and force all around the world and in our own borders to meet the interest of an elite few on the inside. Murdoch is akin to Hearst, Clearchannel is in bed with the FCC, the middle media is so scared to speak out because they might lose their privelage in Washington or London. I hope that people realize soon what they are supporting.
Joseph Leray's Avatar - Comment posted on 06/27/2007 09:43
Joseph Leray
Just wait until the sexuality police get ahold of the adrogyny that is FF!
BahamutZero's Avatar - Comment posted on 06/27/2007 09:46
BahamutZero
glad the darkness kind of slipped under the radar. You eat peoples fucking hearts in that game
stevenjazz787's Avatar - Comment posted on 06/27/2007 09:53
stevenjazz787
[img]http://www.starling-travel.com/wp-content/TheScream.jpg[img]
Banned by Hitler in 1937

[img]http://supersmallgallery.com/London/House.jpg[img]
Banned from Brittish streets in 2006

"Freedom is about authority. Freedom is about the willingness of every single human being to cede to lawful authority a great deal of discretion about what you do and how you do it." -Mayor Giuliani, New York Newsday, April 20, 1998

"State authority must provide for peace and order, and peace and order in turn must conversely make possible the existence of state authority. Within these two poles all life must now revolve...Ideas of `freedom,' mostly of a misunderstood nature, inject themselves into the state conceptions of these circles." -Adolph Hitler, Mein Kampf
stevenjazz787's Avatar - Comment posted on 06/27/2007 09:53
stevenjazz787
crap I forgot the slashes
DJDuffy 's Avatar - Comment posted on 06/27/2007 10:15
DJDuffy
@ Orcist

haha, yea if androgyny was a crime, that would be the next "logical" step in all of this madness and would piss me off to no end =P
GatsuTheBerserker's Avatar - Comment posted on 06/27/2007 10:33
GatsuTheBerserker
@Orcist: Um, there somewhat already is. My state makes it illegal to fuck someone in any other position other then missionary. Not like anyone actually listens, lol.

Still, this is getting fucking stupid. I mean why aren't WE making complaints to THEM?! I have no doubt we could out-complaint those people by saying how we were "offended" by those people's sheer idiocy and get the poster back itself too while we're at it. If that's all it takes then I'd go for it.
Mxyzptlk's Avatar - Comment posted on 06/27/2007 10:39
Mxyzptlk
Can they ban them from making any more Driver games? That would actually be for the good of gamers everywhere.

Never underestimate the power of the easily offended minority. I wish those people would get told to STFU and do more constructive things with their time. Of course, that would just lead to more outrage that their batshit insane morality isn't the standard.
Joseph Leray's Avatar - Comment posted on 06/27/2007 10:40
Joseph Leray
So, lemme get this right -- if this ad reappeared in, say, next month's Edge, it wouldn't be a problem, since it would be "targeted to a specific demographic" and not viewed by the "public at large."

In a way, I guess that makes sense, to let people within the industry deal with their own problems and to self-regulate. Oh wait ... that's called the ESRB and BBFC. And, the last thing the gaming industry needs is to be even more insulated.

Sounds to me like the ASA is being pigeonholed by public opinion, which is fucking scary. Nobody really cares if Johnny Gamer is subjected to "tasteless" and "violent" advertising, until Johnny Non-gamer's mom gets involved (i.e. the public at large.) Does anybody else see some kind of weird double standard here?
Joseph Leray's Avatar - Comment posted on 06/27/2007 10:41
Joseph Leray
@Gatsu -- dude, I fucking know. I live in Mississippi, and any sexual activity besides missionary is technically against the law, and has been enforced before.

Just this morning, I sent an e-mail using the antiquated sexuality laws as an example of how degraded and morally apathetic our society is.
Jark212's Avatar - Comment posted on 06/27/2007 10:53
Jark212
Fascism at work. We should go over there and kick there asses. Then the work can begin over here.
HammerTiem's Avatar - Comment posted on 06/27/2007 11:00
HammerTiem
Im totally behind JimSterling and gamers for gaming, i believe the "hand off the responsibility" age should stop, people are responsible for there own actions!
TheBrain's Avatar - Comment posted on 06/27/2007 11:21
TheBrain
I still think they ad could be more clear that they are talking about a videogame. The lack of an EA, Burnout, or any other type of logo is enough to make anyone think that this is simply an ad about a wrecked vechile. Again, is this the full ad? You'd think after the bus bombs in London, one wouldn't show destroyed vehicles and state that one can find inner peace through violence unless it were specifically clear they were talking about a videogame.
DJDuffy 's Avatar - Comment posted on 06/27/2007 11:37
DJDuffy
@ Orcist

Are you serious?! You guys have laws for sex positions? Wow talk about deprived! It is amazing how the US states function like their own little countries...I don't know how they all manage to work together since some of them are on a completely different planet. But then again, I'm from Canada, sooo my brain is having a hard time processing the fact that you live in like 1904 or something.
king3vbo's Avatar - Comment posted on 06/27/2007 11:38
king3vbo
K so this is like the other day when my mom told me about how the school she works at had this bus where kids wrote shit like "Nick is gay" or whatever in the dirt on the back, and then when she drove the bus to a baseball game or something, 3 different random people called the school and complained about the "offensive writing" on the bus.

Seriously, there are more important things going on in this world then bitching about seemingly offensive comments on a poster. For the love of god, care about the war, or Darfur, or something thats MUCH MORE FUCKING IMPORTANT
dougyfresh's Avatar - Comment posted on 06/27/2007 11:45
dougyfresh
"The poster had an image of a wrecked car with the slogan "Inner peace through outer violence," and was said by publisher EA to be very clearly a videogame promotion and not whatever an overwhelming 37 people seem to think it was."

I honestly have to disagree with this statement here. I see no way that this poster clearly defines itself as a videogame poster. There are only really two elements present, the quote and the burning car/tire.

Even as someone who plays a fair amount of games, I wouldn't consider this to be "very clearly a videogame promotion" and if I didn't play videogames I definatley wouldn't know what to associate it with, besides general concepts of anarachy and/or general disruption.

I'm not the kind of guy that would call something like this in, but to state that this is obviously a videogame ad when being placed in a subway tunnel is a far stretch of the imagination.
TheTaj's Avatar - Comment posted on 06/27/2007 11:50
TheTaj
@ Orcist. lmao

Okay, I'm starting to see things from Jim and Dave's point of view. This is pissing me off.
Stabby's Avatar - Comment posted on 06/27/2007 11:57
Stabby
This makes me want to get into the industry even quicker. It sickens me that they're treating our hobby this way. Goddammit, I'm itchin' for a fight!
TheHunter234's Avatar - Comment posted on 06/27/2007 12:11
TheHunter234
While this stuff is pretty scary, and it does seem like we're on a "slippery slope" as it were, in the past, when the issue of whether or not to ban or restrict games has finally reached the courts (U.S. courts anyway) they have struck down any attempt to limit the freedom of expression inherent in the games.

Now that we are dealing with other forms of expressively limiting games, I'm not so sure the courts can protect them. The new ratings, or lack thereof, for Manhunt 2 are a sort indirect banning, since they aren't directly barring the game from sale, yet that is effectively what is happening because of the rating. This technically won't violate the First Amendment or whatever articles protect human rights in Britain, and so there won't be much grounds for a court case.

Whether we need to overhaul the rating system or reevaluate the possibility of selling AO or unrated games at major retailers and allowing them to be played on our systems, since this happens with DVDs all the time (most recent example: release of unrated Reno 911 DVD), something needs to change.

As for the advertising, that's even trickier, as it's probably all up to the advertising companies who are probably perfectly concerned with the expressive rights of their clients, but are likely more afraid of having their license suspended or receiving a hefty fine from a regulatory body pressured by politicians who, in turn, are pressured by a group of elderly people. It's hard to see a solution there, as politically, gamers hold almost no sway in comparison to the largest and most reliable voting demographic there is (the AARP is actually the most powerful lobbying group in the U.S.).

There have been a lot of video game advocacy groups popping up recently, and I hope they can do some good, but the only way I see gamers gaining some real influence over our political leaders is if we increase our voting turnout. Since that isn't going to happen any time soon, we will have to rely on the courts to protect us.

Sorry for typing so much, I got carried away.
FingersTehHand's Avatar - Comment posted on 06/27/2007 12:16
FingersTehHand
As soon as the war(s) are over, the war games will be banned.
Sharpless's Avatar - Comment posted on 06/27/2007 12:20
Sharpless
Doesn't really surprise me. It's kind of asking for someone to get pissed off at it. I could easily see this happening before the whole Manhunt thing happened, too. This isn't all that extreme. I'm still shocked that there's such a crackdown on violence, though. I always thought the world was getting more liberal, and now all this?

That's not to say that I agree with it, though. The poster doesn't bother me.
Sharpless's Avatar - Comment posted on 06/27/2007 12:23
Sharpless
@FingersTehHand: Well, then, we'll never have to worry about war games being banned.
FingersTehHand's Avatar - Comment posted on 06/27/2007 12:26
FingersTehHand
@Sharpless

Well, not for a very long time. I'm someone that opposses war in all levels, unless of course it's fictional.
LeeMon's Avatar - Comment posted on 06/27/2007 12:31
LeeMon
I'm drowning in hyperbole.

The chanting's getting louder, and the louder it gets, the more it sounds like Jack Thompson. The rhetoric I hear (especially here) has crossed into propaganda. Opponents are ridiculed instead of disproven, slapped with the most demonic labels possible as a instinctual reaction. Facts and numbers are disregarded unless they can be twisted to prove a point.

So far we have:
* a conspiracy theory ("put all these little unrelated things together and you see the REAL picture");
* a call to gamer nation unification (GFG);
* disdain for the rights/opinions of nongamers;
* identification of "enemies" as a unifying cause;
* supremacy of our cause (video games) in the face of much more serious issues in society;
* branding of our cause with a label which cannot be challenged, but doesn't really reflect the cause ("freedom of speech," but only if it supports the "right" to create violent content and distribute it without restriction, and certainly not if it involves disagreeing with said "right");
* obsession with vengeance.

All in all, it sounds less like a crusade and more like The Crusades.

JimSterling: the method by which you are championing is not a meaningful dialogue, and it will harm the very cause you seek to aid.

I don't want to fan the flames any further than this, so I'll take my opinions elsewhere, and discuss them with people whose statements on the situation are not reducible to "you can't tell me what to do!" It's a complex issue, and outright mocking the parties involved is not going to get anything done.
Jim Sterling's Avatar - Comment posted on 06/27/2007 12:37
Jim Sterling
(pssst LeeMon, check the very nice and non-flaming discussion I had with Donna Mitchell. Pssssssssst.)
Jim Sterling's Avatar - Comment posted on 06/27/2007 12:43
Jim Sterling
Oh also, please pay attention to the way David and I work. There's a very distinct formula at work here, something Jack Thompson distinctly lacks.
imbeta's Avatar - Comment posted on 06/27/2007 12:45
imbeta
soooo.... whats it look like?
imbeta's Avatar - Comment posted on 06/27/2007 12:46
imbeta
aaaaah... there it is.
(I blame firefox)
RICHARD BLOCKER's Avatar - Comment posted on 06/27/2007 13:29
RICHARD BLOCKER
LeeMon Is a big fat dummy head because he doesn't agree with us.
xtofuconsumerx's Avatar - Comment posted on 06/27/2007 13:52
xtofuconsumerx
I cannot stand People that come into an argument and somehow think they are above the argument and their words are too above others to talk about it. Drives me insane.

"I'll take my opinions elsewhere, and discuss them with people whose statements on the situation are not reducible to "you can't tell me what to do!""

We know it is a complex issue, get over your self. And when you get to the bottom of it that is what the argument was about. There are a lot of factors that we have tot ake in to consideration but basically this is someone trying to control what someone else wants to do.

So stop acting like James Lipton and go cry somewhere else.
Namelessted's Avatar - Comment posted on 06/27/2007 14:59
Namelessted
Good job Jim. This article is the opposite of your first post here on destructoid :P . Who's idea was it to bring JimSterling on board? It was a good idea.
stevenjazz787's Avatar - Comment posted on 06/27/2007 15:45
stevenjazz787
It's understandable that we live in a society where we CHOOSE to give up certain freedoms for the greater good. I am CHOOSING to not quietly give this one up, as I see it as one of the more important freedoms. This isn't really about children or even violence, it is about taste. We have differing views on what makes something art. I look at appropriate art as packages of human expression, whether game, movie, print, speeches, rallies, meetings, community, sculpture, or any other human creation scientific or opinion that doesn't DIRECTLY damage property of other or the the health.

While games may make someone more prone to be anti-social or not, which I think communities like this or at my college and work place prove it to be very social. A combination of good health, proper upbringing, and a good eduucation will prepare a person for the subject matter of art. Lack of activities and forms of expression lead to children feeling isolated and becoming violent and joining gangs. If a child feels isolated that is a problem of upbringing and of society on a larger scaler, if an adult fells isolated they are a product of that with the means as an adult to change it if they wish.
Jim Sterling's Avatar - Comment posted on 06/27/2007 15:55
Jim Sterling
namelessted: And that post was the exact opposite of your first ones about me. I distinctly remember you saying I should be fired. :D
relik's Avatar - Comment posted on 06/27/2007 16:22
relik
Ayone remember the original Xbox "Life's short... Play more" TV ad in the UK? The one with the woman squirting out a kid across the sky. It aged rapidly then landed in a grave. It was a class advert I thought (as a gamer anyway). Needless to say, it offended grannies everywhere and was of the air sharpish.

StrawberryFFuck's Avatar - Comment posted on 06/27/2007 17:24
StrawberryFFuck
37!!!!
You sucked 37 dicks!!!

Jim Sterling's Avatar - Comment posted on 06/27/2007 18:58
Jim Sterling
Word, I did.
Mxyzptlk's Avatar - Comment posted on 06/27/2007 19:14
Mxyzptlk
In a row?
Samit Sarkar's Avatar - Comment posted on 06/27/2007 19:18
Samit Sarkar
Dammit, Mxyzptlk, you took my joke.
Samit Sarkar's Avatar - Comment posted on 06/27/2007 19:18
Samit Sarkar
I’m going to have to agree with dougyfresh on this one. I’m all for GFG with regards to Manhunt 2 and Dark Sector, and I don’t support media censorship in general, but in this case, I think these easily-offended soccer moms, et al., may have a point. If the image above is showing the entire poster as it appeared on the London Underground, then EA is to blame for the uproar at the poster’s content. You would think they’d put the Burnout Dominator title somewhere on the poster, however small they decided to make the logo. Or, at the very least, they could have slapped an EA logo in a corner. It should have had something, anything, by which the poster could be identified as an advertisement for a video game — as opposed to something advocating violence as a way to relieve stress.

Try to put yourselves in the shoes of a non-gamer, folks. You’re having another ho-hum commute to work on the Subway...er, Tube...and you come across a poster that features the following: a badly-smashed sports car, with shards of glass and a flaming tire on the floor in the vicinity of the wrecked vehicle. The only other thing on the entire poster is the phrase, “INNER PEACE THROUGH OUTER VIOLENCE.” <sarcasm>Late for work? Having a bad day? Envious of your wealthier neighbor and his Ferrari? Take a baseball bat to it, and set one of the tires on fire to boot. You’ll feel much better inside.</sarcasm>

Seriously, though, I could totally see this happening in the mind of one of these Thompson-following censor-mongers. EA is at fault here, and all they have to do to rectify the situation is to make it known that nothing but an arcade racing game is the product being promoted.
TheBrain's Avatar - Comment posted on 06/27/2007 20:14
TheBrain
As long as we're championing distasteful videogame ads:
Founder's Avatar - Comment posted on 06/28/2007 01:10
Founder
THIS IS MADNESS.
bunnyrabbit2's Avatar - Comment posted on 06/28/2007 10:04
bunnyrabbit2
THIS! IS! GAMING!

I coudn't resist
bunnyrabbit2's Avatar - Comment posted on 06/28/2007 10:05
bunnyrabbit2
and I have to say, that PSP ad is pretty bad. Racism anyone?
dprim3's Avatar - Comment posted on 06/29/2007 15:57
dprim3
I'M SICK OF THOSE LITTLE LIDS ON COFFEE MUGS IF YOU DON'T WANT TO SPILL YOUR COFFEE YOU SHOULDN'T BE DRIVING WITH IT
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