Shifty movie ruling could end 'risque' viral ads

by Andrew McCormick, revolutionmagazine.com 06-May-09, 09:36

LONDON - The Advertising Standards Authority's decision to ban an ad campaign for breaching 'database rules' could lead to the end of the 'risque viral' that has brought prominence to many brands.

The ASA today banned a viral campaign for the film Shifty which gave consumers the option to 'stitch up a mate' by sending them an email that inferred they were being investigated for drug use.

As well as upholding a complaint that the ad was 'distressing and irresponsible', the ASA also ruled that the email 'did not make clear that it was marketing material' while also ruling that Metrodome, who made the film, 'should have taken steps to satisfy themselves that the recipient was happy to receive e-mail marketing from them'.

This brings into question the future of risque virals, according to viral expert and founder of agency Ralph, Chris Hassel.

"It means we need to come up with more creative ways to wind-up your mates while jumping over the legal hurdles," said Hassel. "If you provide users with the tools for people to send this to their friends, then how can the brand be held responsible? It's like blaming a server company for offensive emails."

The ad campaign generated just one complaint but the ASA is obliged to investigate all complaints and has warned that the ad must not appear again in its current form.

Despite agreeing to remove the 'stitch up a mate' feature, a new version of the viral feature has appeared on the Shifty website.