FAS called the video «Lingoniki» with a girl and a middle finger offensive. The FAS Commission of the Sverdlovsk Region recognized the video of the Novosibirsk developer «Brusnika» as violating several points of the law «On Advertising» at once.
In the sensational video «Because Lingonberry» based on the plot, the girl moves to a new house from the old district to the «Farewell song» from the movie «An Ordinary Miracle» . She tosses her teddy bear to her friends, gets into her dad’s car and points her middle finger towards the old house. The video was shot by the creative agency RA «Voskhod» together with the production center Daddy’s Film Production.
Uralinformburo and the public organization Safe Childhood complained about the video to the FAS. Today the commission announced the operative part of the decision.
Here are the points of the law «On Advertising» in the opinion of the commission were violated:
- p. 4 h. 4 art. 5 — the commission recognized that advertising can form a negative attitude towards persons who do not live in the advertised product — the houses of the developer «Brusnika»;
- h. 6 art. 5 is the use of obscene, offensive imagery. That is, the well-known middle finger of the girl’s hand;
- p. 2, p. 4, p. 5 of Art. 6 — they are all related to the protection of minors. The Commission believes that advertising encourages minors to encourage parents and others to purchase the advertised product.
— There is such an image that you need to move to new houses, and the old houses are outdated and the children do not want to live there. The Commission believes that this may form an inferiority complex in minors who live in old houses. And this can give them the impression that living in new houses puts them in a higher position in front of their peers, — told the NGS correspondent in the FAS Sverdlovsk region.
Further, the department plans to bring the company to administrative responsibility under Part 1 of Art. 14.3 Administrative Code «Violation of advertising legislation».
— Both an official and a legal entity will be involved. If it is a small or medium-sized business, then a replacement for a warning is possible. But the article provides for administrative fines for a legal entity from 100 to 500 thousand rubles, an official — from 4 to 20 thousand rubles, the department explained.
The developer can appeal the decision of the commission in court, which Brusnika plans to do.
— In our opinion, the video is not of an advertising nature. Mention of «Lingonberry» only for 1.5 seconds. This video was aimed at an adult audience. He had a neck 18+. It was not shown where underage children can watch. The purpose of the video is social. And he draws the attention of the adult population to the problems in which children live in our urban environment, — said Marina Mityashina, director of «Brusniki» on legal issues, during the meeting. — We draw the attention of the authorities that it is necessary to regulate this social area.
The company also noted that the gesture shown by the girl is used even by Russian President Vladimir Putin. In addition, the representatives were outraged that the applicants referred to Wikipedia, claiming that it was indecent.
— This gesture has many meanings. This symbol is now used by young people to express protest, anger, excitement, rejection of what is happening, — explained the representative of the developer. — This gesture is used even by the President of the Russian Federation at public events, no one has any questions about ethics and unethicality. It is not offensive.
In addition, during the meeting, the OFAS commission suggested that Brusnika show such a gesture to the police.
— Then the question is: are you ready to approach the policeman on the street and show the same gesture? And we will observe the reaction and the corresponding consequences. Let’s call it «investigative experiment», «advertising experiment», «antitrust experiment», if you like, — said the representatives of the FAS.
Andrey Kardapoltsev, representative of Brusnika-Ural LLC, answered this at the meeting:
— You understand that, firstly, you exaggerate the situation, and secondly, I just wanted to say that there is a certain plot there. If you go to a policeman on the street and show this gesture, he will probably be surprised.
