A woman who suffered
from photosensitive epilepsy complained to the Advertising
Standards Authority having suffered a seizure after watching a
short part of the advert. She said that the advert was
irresponsible and inappropriate for broadcast.
D&G said that it had submitted the advert to an industry
standard test for triggering photosensitive epilepsy, the Harding
FPA test, and that it had passed. The ASA said that it was not
inappropriate for the advert to be broadcast.
The advert contained footage of people in a studio or disco
environment, which involved quickly-cut images and flashing light
sequences. Media regulator Ofcom investigated the advert and found
that while sections exceeded the maximum allowed three flashes in a
second it was not clear if it had breached other rules and there
were no clear breaches of the rules overall.
Under the Harding test the advert passed. While the advert at
times exceeded the guidelines for flashing amplitude and frequency,
the flashing area did not exceed more than the permitted 25% of the
screen.
"We acknowledged that this ad had been tested for extended
flashing and had not failed; we understood that no flashing
sequence in the ad lasted for longer than about one second," said
the ASA's ruling. "In view of the fact that it had passed the
Harding test and, through manual analysis, no breach of the
guidelines was discernible, we considered that it was not
inappropriate for the ad to be broadcast."
The ASA said that the guidelines could not necessarily protect
everybody. "We understood that, in some cases, if the subject was
particularly vulnerable, photosensitive epilepsy could be triggered
by broadcast content that had incontestably conformed to guidelines
and that the guidelines and the testing provisions in place could
not altogether remove the risk of a seizure through
photosensitivity for all viewers," it said.
"Although the Ofcom Guidance Note was drawn up with the aim of
reducing risk to viewers, the 'flickering' nature of all television
pictures meant that it was impossible to entirely eliminate the
risk of television causing seizures in viewers with photosensitive
epilepsy."
The organisation behind the Olympic Games due to be staged in
London in 2012 recently ran into similar controversy. A promotional
film for the games shown on its website portrayed the Games'
controversial logo diving into a swimming pool using flashing
images.
Epileptics claimed that the film caused seizures. Charity
Epilepsy Action said that the film did not meet Ofcom's guidance on
flashing images and photosensitive epilepsy.
"We took immediate steps to remove the animation from our web
site while checks are being conducted," said the Games organisers
in June.
Disclaimer: We hope you find OUT-LAW’s content useful. It’s prepared by the lawyers at Pinsent Masons. Please remember, though, that it’s intended as general information only. It’s not legal advice. If that’s what you’re seeking, please
contact us. See also: our
full disclaimer
