Out-Law / Your Daily Need-To-Know

Britain's advertising watchdog has warned Channel 5 that television ads must not be too noisy, upholding a viewer's complaint that the ad breaks during its broadcast of Groundhog Day were much louder than the Bill Murray movie's dialogue.

The Advertising Standards Authority (ASA) applies various Ofcom Codes when dealing with complaints from television viewers or radio listeners. In this case the relevant Code was the Television Advertising Standards Code, which contains the rule: "Advertisements must not be excessively noisy or strident. Studio transmission power must not be increased from normal levels during advertising breaks."

The accompanying note to the Rule advises that:

"A fairly constant average level of sound energy should be maintained in transitions from programmes to advertising breaks and vice versa so that listeners do not need to adjust the volume."

Whenever a complaint regarding sound levels is received, Ofcom's technical department conducts tests on the programmes or adverts at issue. In this case Ofcom's report to ASA advised that almost all of the adverts shown during the film had sounded subjectively louder than the main content of the film. This, it said, was due to the use of audio compression. Audio compression takes place when minimum sound levels are raised artificially during the production stage in order to make them stand out.

Ofcom also advised that immediately preceding several ad breaks the film had had scenes of quiet dialogue – which only served to emphasise the difference in sound level. The Code requires that highly compressed advertisements have their peak volume reduced before broadcast – and Channel 5 had failed to do this.

The ASA agreed with Ofcom's findings and warned Channel 5 to ensure that its future output levels comply with the Code.

The ASA has already upheld the same rule in June when a David Hasselhoff fan complained that the adverts during an episode of Knight Rider – shown on Bravo – had also been louder than the programme itself. The fact that the programme was old and that the transition from analogue to digital and the inherent sound quality differences made it difficult to ensure that sound levels were maintained were acknowledged, but dismissed, by the ASA.

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