Under the Influence with Terry O’Reilly: Episode Summary – "Forbidden Branding"

In the February 22, 2025 episode of Under the Influence with Terry O'Reilly titled "Forbidden Branding," host Terry O'Reilly delves into the intriguing world of forbidden branding. Through historical anecdotes, contemporary case studies, and insightful analysis, Terry explores how certain elements become off-limits in marketing and advertising, the reasons behind these prohibitions, and the broader implications for brands navigating these restrictions.

1. Introduction to Forbidden Branding

Terry O'Reilly opens the episode by setting the stage for an exploration of forbidden branding, emphasizing its prevalence across different cultures and eras. He establishes the concept by relating it to strategic thinking and the potential threat it poses to authority figures.

Terry O'Reilly [02:40]: "There are things in the world of marketing that are forbidden. It's illegal to use certain sounds... It all comes down to forbidden branding."

2. Historical Perspective: The Bans on Chess

To illustrate the concept of forbidden branding, Terry takes listeners back in time to examine the recurrent bans on chess across various civilizations. He highlights that while chess is often perceived as a game of strategy and intelligence, its prohibition was rooted in political and societal fears.

• Persian and Islamic Bans: In the 8th and 9th centuries, Persia banned chess as it was deemed a form of gambling, contrary to Islamic Law. Chess sets were destroyed, and those caught with them faced severe punishments.

• Japan and Medieval Europe: Centuries later, Japan and medieval European societies, including the Catholic and Eastern Orthodox Churches, prohibited chess. The Catholic Church feared that clergy members engaging in chess were neglecting their religious duties, while the Eastern Orthodox Church saw the game as a distraction.

• Poland and France: The Polish king and France’s King Louis IX extended these bans, labeling chess as "useless and boring" and associating it with gambling and moral decay.

• Modern Bans: Terry also touches on more recent prohibitions, such as those under the Nazis, the Taliban, and Saudi Arabia, all citing reasons like promoting gambling or distracting individuals from religious practices.

Underlying Motive: Terry posits that the true reason behind these bans was not moral concerns but the recognition that chess fosters strategic thinking and planning—skills that could empower individuals to question and challenge authority.

Terry O'Reilly [09:15]: "Chess teaches strategic thinking and planning skills that could be used to challenge authority. Any game that promotes critical thinking was a threat to kings, dictators, and religious authorities."

3. Misuse of the Emergency Alert System (EAS) Tone

Transitioning to contemporary issues, Terry examines the misuse of the Emergency Alert System (EAS) tone in media and advertising, particularly within the United States.

• Purpose of EAS: Originally designed to disseminate urgent information during national emergencies, the EAS tone serves as a clear and immediate alert signal to the public.

• Misapplications and Consequences:

  • Fox NFL Sunday (November 2021): Fox aired a comedic commercial that included three seconds of the EAS tone, resulting in a $504,000 fine from the FCC for falsely warning viewers.

  • Jimmy Kimmel Show (2019): The show was fined $395,000 for incorporating the EAS tone in a monologue mocking the Trump administration's alert system.

  • AMC’s The Walking Dead and Discovery Channel: Both networks faced fines of $104,000 and $68,000, respectively, for using the tone in non-emergency contexts.

  • Olympus Has Fallen Commercials (2014): Major networks like Viacom, Comcast, and Disney were collectively fined $1.9 million for airing a movie commercial that used the EAS tone, causing public panic.

Policy and Public Trust: Terry emphasizes that these fines, while substantial, are insufficient in deterring large networks from repeating violations. The core issue revolves around "alert fatigue," where overuse of the EAS tone may desensitize the public, undermining the effectiveness of genuine emergency alerts.

Terry O'Reilly [19:00]: "The use of the sound is prohibited to prevent people from becoming desensitized to something they should only hear in the most urgent and dire circumstances."

4. The Delicate Use of National Anthems in Advertising

National anthems hold significant emotional and cultural weight, yet their use in commercials varies globally, reflecting differing societal norms and regulatory landscapes.

• Canada:

  • Lack of Strict Regulations: While there's no explicit prohibition, Canadian etiquette dictates respectful use, such as playing the anthem first in events involving multiple anthems.
  • Commercial Usage: Generally permitted but guided by unwritten norms of respect and appropriateness.

• United Arab Emirates (UAE):

  • Strict Prohibitions: A BMW commercial in Abu Dhabi that featured the national anthem was swiftly pulled after public backlash. The government and local entities deemed the portrayal disrespectful, leading to fines and corporate restructuring.

• Australia:

  • Controlled Permissions: Commercial use of the Australian national anthem requires explicit permission from the Prime Minister's Office and Cabinet. Restrictions include prohibiting modifications, parodies, or alternative lyrics.

• United States:

  • Case Study – Amnesty International (2022): Amnesty’s "Land of the Unfree" commercial utilized the "Star-Spangled Banner" to draw parallels between national identity and the right to choose, amassing 3.3 million views in 48 hours. This strategic use underscores the anthem’s powerful symbolic resonance in activism and branding.

Terry O'Reilly [22:30]: "National anthems are kind of sacred, so it's surprising that there are so few guardrails around the commercial use of them in so many countries."

5. Winnie the Pooh: A Symbol of Resistance in China

Perhaps one of the most fascinating examples of forbidden branding, Terry explores the case of Winnie the Pooh in China—a beloved character turned symbol of political dissent.

• Origins of the Ban:

  • Comparisons with Xi Jinping (2013): Chinese social media users began drawing parallels between President Xi Jinping and Winnie the Pooh, notably in images juxtaposing the two leaders.

  • Escalation: Attempts to mimic these comparisons, such as scenes resembling political events, led authorities to crack down aggressively.

• Implementation of the Ban:

  • Censorship Tactics: Chinese platforms like WeChat block any content related to Winnie the Pooh, using error messages to deter users from accessing such material.

  • Extended Bans: The ban also extends to media portrayals, including the prohibition of films like Christopher Robin and even niche projects like the horror film Winnie the Blood and Honey (2023), which portrayed Pooh as a psychopath.

• Impact and Symbolism:

  • Resistance and Solidarity: Despite the bans, Winnie the Pooh remains a subtle tool of resistance among netizens, symbolizing dissent and opposition to authoritarian imagery.

  • Taiwan’s Stance: Contrastingly, Taiwan embraces Winnie the Pooh, emphasizing equality and rejecting the mainland’s censorship, thereby highlighting regional differences in political expression.

Terry O'Reilly [26:26]: "It's interesting that dictators and authoritarian leaders are so sensitive about their images. It might also explain why chess was forbidden throughout history."

6. Conclusion: Implications for Modern Marketing and Branding

Terry O’Reilly wraps up the episode by reflecting on the lessons gleaned from these diverse examples of forbidden branding. He underscores the delicate balance brands must maintain between provocative messaging and respecting cultural or regulatory boundaries. The recurring theme highlights that forbidden elements in branding often carry significant symbolic weight, capable of influencing public perception and behavior in profound ways.

Terry O'Reilly [31:45]: "It might also explain why chess was forbidden throughout history. It leads to too much critical thinking when you're under the influence."

The episode serves as a compelling exploration of how societal norms, political climates, and regulatory frameworks shape the boundaries of effective and responsible branding. For marketers and advertisers, understanding these forbidden zones is crucial in crafting messages that resonate without crossing into contentious or prohibited territories.

Notable Quotes

• Terry O'Reilly [09:15]: "Chess teaches strategic thinking and planning skills that could be used to challenge authority. Any game that promotes critical thinking was a threat to kings, dictators, and religious authorities."

• Terry O'Reilly [19:00]: "The use of the sound is prohibited to prevent people from becoming desensitized to something they should only hear in the most urgent and dire circumstances."

• Terry O'Reilly [22:30]: "National anthems are kind of sacred, so it's surprising that there are so few guardrails around the commercial use of them in so many countries."

• Terry O'Reilly [26:26]: "It's interesting that dictators and authoritarian leaders are so sensitive about their images. It might also explain why chess was forbidden throughout history."

Final Thoughts

"Forbidden Branding" offers a thought-provoking analysis of the intersection between culture, politics, and marketing. By examining both historical and modern examples, Terry O'Reilly illuminates the complexities brands face when operating within or pushing against societal boundaries. This episode is a must-listen for marketers, advertisers, and anyone interested in the nuanced dynamics of influence and prohibition in branding strategies.