Comedic violence should be used with caution. The contraceptive properties of condoms must never be discussed. And sexually suggestive interaction between two actors is strictly prohibited.
Canadian advertisers must abide by these rules -- and dozens more -- in making commercials that can run on Canada's private TV stations.
A tiff between the Toronto Blue Jays and the Television Bureau of Canada's Telecaster Services -- which must sign off on all ads that run on Canada's private broadcasters -- has exposed the inner workings of a regulatory system that makes commercials abide by much higher standards than the programs they support.
Canada's advertising agencies say it's tougher to get edgy advertising approved in Canada than almost anywhere else in the world.
"I believe we have the most restrictive regulatory process on television advertising in the world . . ." said Chris Staples, creative director at Rethink Communications in Vancouver.
"It's worse than the Catholic Church. I'd rather have the Pope regulating our TV ads than Telecaster."
Telecaster refused to sign off on a Blue Jays ad that depicts Jays slugger Frank Thomas knocking a child off a bed with a pillow. While the original version can be viewed on the CBC and the Blue Jays website, as well as here on YouTube, Telecaster said its members could air the ad only after it was re-edited so viewers couldn't see the child flying off the bed.
Blue Jays president Paul Godfrey said the Jays fans he's heard from are questioning Telecaster's judgment.
"I was amused and surprised by the reaction. From the reaction we're getting from the public, it's the exact opposite of what the regulators are saying," Mr. Godfrey said yesterday.
Last year, another Blue Jays ad was the subject of some controversy. Viewers complained to Advertising Standards Canada that the ad showed centre fielder Vernon Wells crossing the street without looking both ways. The complaint was not upheld.
Jim Patterson, president of the Television Bureau of Canada and Telecaster, said the industry's self-regulatory agency approves 45,000 television commercials a year. About 5 to 10 per cent of those require a discussion with the advertiser before they get approved, he said. Sometimes advertisers must provide evidence to support claims made in their ads. In other cases, they must re-edit their ads or add legal text such as: "Dramatization. Do not attempt."
"We're working to make sure that the broadcaster is running commercials that don't lead to a whole bunch of consumer complaints and people shutting off their television," Mr. Patterson said.
About 95 per cent of Canada's private broadcasters require that advertisers receive Telecaster's stamp of approval before they run ads. The CBC and a handful of private broadcasters do their own pre-screening.
Ads in certain categories subject to federal legislation -- including food, drugs and alcohol -- must also be screened by either Advertising Standards Canada or Broadcast Clearance Advisory.
One example: Federal regulations state that commercials must never refer to the effects of alcohol and can't associate drinking with "any activity requiring a significant degree of skill, care or mental alertness or involving an obvious element of danger."
Even if an ad gets clearance, it takes just one consumer complaint for Advertising Standards Canada to investigate an ad to make sure it complies with the Canadian Code of Advertising Standards. ASC can't force advertisers to change their ads, but if they don't comply, they are named publicly.
"I just think these governing bodies, for the most part, have a bunch of old farts that are basically tired of life and cranky and want to change things and not give great advertising a chance to breathe," said Frank Palmer, chairman and chief executive officer of ad agency DDB Canada.
Mr. Patterson at Telecaster doesn't dispute assertions that Canada's restrictions are among the toughest in the world.
