The ASA's recent decision to ban four full page adverts from re-appearing in Jack Wills' 2011 Spring Term Handbook highlights the difference between the ASA's treatment of harmless sexual innuendo and graphic sexual references which border on the pornographic.

The adverts, which featured young adults in increasing states of undress enjoying what Jack Wills described as a "hedonistic university lifestyle", were deemed to be so overtly sexual as to present a risk to younger teenagers. Although Jack Wills argued that all of the models featured in the adverts were over the legal age of consent and that all recipients of the Handbook would have been required to prove that they were over the age of 18 when subscribing to the Jack Wills mailing list, the ASA was clearly concerned about the effect that the adverts might have on younger teenagers. In rejecting Jack Wills' arguments that it had taken sufficient steps to ensure that only those over the age of 18 would view the adverts, the ASA commented that despite Jack Wills' efforts, the adverts nevertheless posed a significant danger to younger teenagers who might somehow get their hands on a copy of the Handbook and view the adverts as portraying a lifestyle to which they would aspire.

The ASA's decision to ban Jack Wills' adverts from appearing again in their current form might at first seem to be a change in approach from the ASA's recent treatment of other sexually provocative adverts such as Kelly Brook's "Reetone" advert (see our previous Ad Alert 'Has Sex Sold Out') and KTL Enterprises' "Sex Sells" advert (see our previous Ad Alert 'Cleavage, Biker Girls and the Referee Needs Glasses'). However, given the youthful appearance of the models used, the explicitness of the sexual activity portrayed and the fact that Britain currently has the highest rate of teenage pregnancy in Western Europe, the reason for this departure probably represents far less of a policy shift towards Puritanism than one might at first think.

Whilst the old adage that "sex sells" may still be true, companies looking to publish adverts with a sexual element should be careful to note the effects that their adverts may have on those outside their target audience and make sure that any depictions of a sexual nature do not go "beyond what could be described as fun or flirtatious".

Nicolas Murfett is a Solicitor in the Advertising Group.